Call For Consultation424-552-3901

Theft and Fraud Related Offenses

Home / Theft and Fraud Related Offenses

Were You Charged With a Theft Or Fraud-Related Offense?

Theft and fraud-related offenses are serious crimes in California, and you could face losing your freedom upon a conviction. Having one of our experienced criminal defense lawyers will benefit you.

Our skilled lawyers at Ernenwein & Mathes, LLP, have practiced criminal law for more than 60 years combined. Robert Ernenwein is a former deputy district attorney, and he knows what to expect from the prosecution. He will apply his knowledge to construct a creative strategy that guides you to the best possible resolution for your theft case. You can rely on us for an aggressive defense.

Defining Theft in California

Theft involves the unlawful taking of property from someone else. All criminal theft charges are serious, though the severity of the punishment depends on the value of what was stolen. Whether facing a misdemeanor or felony theft charge, having an effective criminal defense attorney on your side throughout the process can be the best way to avoid a costly criminal conviction.

Theft: The Basics

California Penal Code 484 makes any theft a crime. It also lists some of the ways someone can be found guilty of theft. These include:

Stealing, taking, carrying, leading or driving away someone else’s personal property

Fraudulently appropriating property that had been entrusted to you

Knowingly and purposely defrauding someone else of something of value through misrepresentation or pretense

Falsely reporting wealth to obtain credit or money or anything else valuable

The two important elements present in all of these circumstances are taking someone else’s property without using force.

California’s Penal Code goes on to define specific types of theft, based on how the property was taken and how valuable it was.

Petty Theft

California Penal Code 488 is a catchall provision that makes any theft of less than $950 a petty theft. While petty theft is usually a misdemeanor, it can be a felony charge if the defendant has a prior offense under Penal Code 666.

Grand Theft

Grand theft is defined under California Penal Code 487. In most cases, grand theft involves taking property valued at more than $950, taking either a car or a firearm, or taking the property directly from someone else’s person. Stealing certain kinds of foods can become grand theft if the amount stolen is over only $250. Additionally, if the property is taken from your employer, the $950 amount applies to the value of all property taken over a year.

In California, grand theft can be charged as either a misdemeanor or a felony.

Embezzlement

Embezzlement involves being entrusted with someone else’s property and then taking it from them without their permission. Embezzlement is a type of theft in California under Penal Code 503.

Shoplifting

California Penal Code 459.5 states that shoplifting happens when you go into a store during the store’s regular business hours with the intent to take something valued at less than $950. Taking a store’s inventory in any other circumstance may be considered burglary.

Burglary

In California, under Penal Code 459, entering a building with the intent to commit a theft or other felony is considered a burglary. Burglary can be charged as a misdemeanor or a felony, depending on the degree.

Penalties for Theft Convictions

If you are charged with theft in California, you can face serious repercussions if that charge turns into a conviction. Penalties depend on the crime, how much was taken and if you have had any prior criminal convictions.

As a misdemeanor, most theft charges carry a penalty of up to six months in jail and a fine of up to $1,000. However, part of the penalty may include reimbursing the victim for the value of stolen property.

Felony theft crimes are much more serious. The penalties for grand theft could include up to three years in jail. In addition, a felony conviction may make it difficult to find a job even after serving your time. Felons may also be prohibited from owning a firearm or holding certain offices.

How to Defend Against a Charge for Theft in California

Numerous defenses can be raised to an accusation that you have committed theft in California. Which one will be the best for your case will, of course, depend on the circumstances surrounding your arrest and the details of what happened.

Consent of the Owner

One defense you can raise is that the owner of the property that was allegedly stolen had actually given you permission to take it. This defense is most common against embezzlement charges.

Ownership of the Property

Another common defense to raise is that the property that was allegedly stolen is actually yours. Because theft is defined as taking the property of someone else, if you are the rightful owner of the property, then you cannot have committed the crime of theft by taking it.

Mistake Or Lack of Intent

Many theft crimes require that you knew and intentionally took the property. If you made a mistake or unintentionally took something, then you lack the required state of mind to have committed a crime of theft. This can be an effective defense against a claim of shoplifting.

The Many Different Faces of Fraud in California

Because fraud is such a general term, it can mean a host of different things and apply to a wide range of conduct. Here is just a small assortment of the most common crimes that are based on fraud or can include fraudulent elements.

Forgery

California Penal Code 470 makes it a crime to sign, alter or copy someone’s signature, knowing that you do not have the authority to do so, if you intend to defraud that person. This last requirement, the intention to defraud, makes forgery a classic example of a fraud-based crime.

Health Insurance Fraud

There are lots of ways to commit health insurance fraud. One of the most common is to simply make a claim for health insurance coverage for care that was never used or provided. California Penal Code 550 prohibits this and other activities that are meant to deceive health insurance providers to pocket the money from the claim.

Identity Theft

California Penal Code 530.5, which prohibits identity theft, is another example of fraud-based conduct that breaks the law. California’s identity theft law prohibits the willful obtaining of personal information and using it for unlawful purposes. This deceptive act is typically done to take money or property.

Perjury

A less obvious example of a fraudulent act is when someone commits perjury. California Penal Code 118 prohibits willfully saying that something is true when you know it is not, while under oath or under penalty of perjury. While this might not seem like fraud, it actually highlights how far fraud can reach: Perjury is still a deceiving act that leads to your own gain.

Defenses to Fraud

Numerous effective defenses can be raised when you are charged with committing a fraudulent act. Some of these defenses challenge the sufficiency of the prosecutor’s evidence, while others raise issues with how the police or other law enforcement gathered the evidence that is being used against you.

Lack of Intent to Defraud

Committing fraud requires you to have the intention of defrauding someone, and it is up to the prosecutor to prove that you had this intention beyond a reasonable doubt. The prosecutor has to line up a series of facts that show the defendant’s intent. If there is an alternative explanation for those facts, you may be able to prevent the prosecutor from showing you had an intent to defraud.

Unreasonable Search Or Seizure

The Fourth Amendment protects you by prohibiting law enforcement from executing a search or seizing property unreasonably. If they violate this rule, whatever evidence they obtained from their unlawful search or seizure will not be allowed in court, which can doom their ability to prove you did the deed.

Entrapment

Entrapment is a restraint on how the police can investigate a crime. Law enforcement in the U.S. cannot coerce you into committing a crime – they can only prosecute you if you did it of your own accord. Where the line falls between vigorous investigation and coercing you into doing something you do not want to do, though, is not always clear. Unlike with the Fourth Amendment, an entrapment defense does not just exclude certain pieces of evidence from trial – it leads to an acquittal.

Mistaken Identity

Many cases of fraud, particularly identity theft, involve multiple layers of stolen identities: Person A steals the identities of B, C and D, and then uses B’s identity to steal the identities of E, F and G. If your identity was stolen and used in a crime, you could face identity theft and fraud charges, even though you did nothing wrong and are a victim yourself. Proving that it was not actually you who was behind the second round of identity thefts, however, is not always easy.

How Can a Criminal Defense Attorney Support Against Theft and Fraud Accusations?

A criminal defense attorney can provide a great deal of support if you have been accused of theft or fraud. Many people do not realize how serious these charges can be and how they can impact your life. If you are convicted, you could face jail time, probation, and a criminal record. To avoid these penalties, you need to have a strong defense.

Your attorney will work with you to:

  • Understand the specific charges against you: Each type of theft or fraud charge has different elements that the prosecution must prove to secure a conviction. Your attorney can review the charges and evidence against you to determine what the prosecution must prove and what defenses may be available to you. Because the average citizen does not have an extensive understanding of the law, you must have an attorney to guide you through this process to avoid the risks and penalties associated with a conviction.
  • Analyze the evidence: To build a strong defense, your attorney must thoroughly review the evidence against you. This includes physical evidence, witness statements, financial records, and more. With this information, your attorney can identify any weaknesses in the prosecution’s case and develop a strategy to have the charges against you reduced or dismissed.
  • Interview witnesses: In many cases, speaking with witnesses is the key to a successful defense. Your attorney will communicate with any witnesses who may have relevant information about your case. This includes talking to character witnesses who can attest to your good character and any witnesses who may have seen what happened.
  • Prepare for trial: If your case goes to trial, your attorney will be by your side. Your attorney can help you prepare for trial, select a jury, and present your defense. Having an experienced criminal defense attorney by your side will give you the best chance of avoiding a conviction and the serious penalties that come with it.
  • Present your case: When the time comes, your attorney can present your defense in court. This may include calling witnesses, presenting evidence, and making arguments to the judge and jury. There can be a ton of curveballs thrown your way during a trial, which is why it is important to have an attorney who knows how to adapt on the fly and give you the best chance of success.
  • Negotiate with the prosecution: In many cases, reaching a plea agreement with the prosecution may be in your best interest. This is something that your attorney can help you navigate. If a plea agreement is reached, your attorney will work to get the best possible terms for you. This may include a reduced sentence, probation instead of jail time, or even a dismissal of the charges against you. However, it is important to note that plea agreements are only an option in some instances. You should always speak with your attorney about the best course of action for your specific case.
  • Appeal the decision: If you are convicted, you have the right to appeal the decision. This is a complex legal process that only an experienced criminal defense attorney should handle. Your attorney can review the case and determine if there are any grounds for an appeal. If there are, your attorney can file the necessary paperwork and represent you through the appeals process, focusing on dismantling what happened in the first trial and giving you a better chance at success.

Questions to Ask a Prospective Criminal Defense Attorney When Charged With Theft or Fraud

When you are meeting with prospective criminal defense attorneys, you must ask each one the same set of questions. This will help you compare the attorneys and make an informed decision about who to hire. Here are some questions that you should ask:

  • How long have you been practicing law?
  • How long have you been handling criminal defense cases?
  • How many theft or fraud cases have you handled?
  • What is your success rate in these types of cases?
  • What is your strategy for my specific case?
  • Who will be handling my case?
  • How much experience does that person have?
  • How often will I be updated on the status of my case?
  • What are the potential outcomes of my case?
  • What are the risks and benefits of each outcome?
  • How much will your services cost?
  • Do you offer payment plans?
  • What are my next steps?

You should always feel free to ask any other questions that you may have. It is important that you understand the process and what to expect every step of the way. Hiring a criminal defense attorney is a big decision, and you want to make sure that you are comfortable with the person you are hiring.

How to Best Collaborate With Your Criminal Defense Attorney

Once you have hired a criminal defense attorney, you must maintain open communication and collaborate effectively. Here are some tips on how to do this:

  • Be honest: You must be honest with your attorney from the very beginning. This includes being honest about the facts of the case, your criminal history, and anything else that may be relevant. Your attorney can only help you if they have all the information.
  • Be responsive: When your attorney asks you for information or documents, it is important that you provide them in a timely manner. The sooner they have the information they need, the sooner they can start working on your case.
  • Provide access to witnesses: If you have witnesses who can help your case, it is important that you provide their contact information to your attorney. Your attorney can then reach out to them and collect their testimony.
  • Follow your attorney’s advice: It is important to trust your attorney and follow their advice. Your attorney is a legal expert, and they know what is best for your case. If a decision or course of action does not make sense to you, politely ask your attorney to explain it to ensure that you feel comfortable moving forward.
  • Keep a positive attitude: Maintaining a positive attitude throughout the process is important. This can be difficult, especially when you keep having to hear about the negative consequences of a conviction or the alleged crimes you are accused of. It is important to remember that your attorney is on your side, and they are doing everything they can to help you.

Experienced Theft Attorneys in Southern California

For decades, our attorneys at Ernenwein & Mathes, LLP, have provided professional legal guidance for Californians. We offer creative, aggressive defense strategies to protect the freedom and innocence of our clients.

Contact our Torrance office at 424-552-3901 for your free consultation. You can also contact us by completing this online contact form.

Testimonials