Navigating the criminal justice system can be incredibly difficult, especially when there is uncertainty regarding the severity of the charges against you. As such, understanding the differences that warrant a felony theft offense from a misdemeanor charge is critical. The following blog explores what you should know about these matters, including the penalties you can face if you are charged with a felony theft offense, and the importance of working with a Sacramento felony defense lawyer to assist you through these difficult times.
At What Point Does Theft Become a Felony Offense?
When you are charged with a theft crime in California, it generally means you have taken something with the intent to permanently deprive the owner of the property. Theft is a form of larceny, which is an umbrella term that encompasses many different forms of theft. This can range from petty theft and shoplifting to grand theft auto and embezzlement.
However, under California law, the severity of the theft offense you face will generally depend on the value of the item stolen. If you are accused of stealing an item or items worth less than $950, you can face a petty theft offense, which is generally a misdemeanor. If the value of the item exceeds $950, it will be charged as grand theft, which constitutes a felony offense.
You should also note that anytime you are convicted of theft in which you steal from the victim’s person, meaning directly off their body, this will be considered grand theft, regardless of the value of the item. This also applies to theft of firearms or motor vehicles.
How Is Felony Theft Penalized Under California Law?
First and foremost, it’s necessary to understand that theft is considered a wobbler offense in California, meaning it can be charged as a felony or misdemeanor, depending on the circumstances of the crime. As such, the court will look at a number of factors, including the value of the items stolen, what your intent was, if you have a prior criminal history, and how you carried out the offense to determine whether or not the crime is a felony.
If you are convicted of a felony theft offense in California, you can face serious penalties for this offense. In general, you will face between sixteen months and three years in a state prison, five years of formal probation, and fines of up to $10,000.
As you can see, the penalties you can face if you are charged with felony theft in California can be intense. That is why it is critical to do everything in your power to fight on your behalf. At the Law Offices of Dale R. Gomes, our firm will do everything in our power to explore all options to help you receive the best possible outcome for your unique circumstances.
