California Theft Law Under PC 484(a)
California theft law, defenses, and consequences
There are many types of criminal theft charges in California. By far the most common theft charge is found at California Penal Code Section 484(a).
To be found guilty of PC 484(a), the District Attorney must prove that the defendant took property that was not his and that when he took the property it was with the intent to permanently the true owner of the property.
In order for the crime of theft under PC 484(a) to be complete the defendant must have moved the property at least some distance but that distance can be very small. For example, a defendant who takes property off a shelf in a department store and puts it in his jacket with the intent to permanently deprive the store owner of the property is guilty of theft under PC 484(a) even if the defendant is apprehended immediately after removing the stolen item from the department store shelf.
Furthermore, in order for the crime of theft under PC 484(a) to be complete the defendant must have intended to permanently deprive the true owner of the property. For example, if a defendant borrows his neighbors lawn mower without permission but he intends to return the lawn mower after mowing his lawn then theft under PC 484(a) is not a valid charge because the defendant never intended to permanently deprive the owner of the lawn mower.
PC 484(a) may be classified as either an infraction (where less than $50 is stolen under PC 484(a)/490.5), a misdemeanor (where under $400 is stolen), or as a felony (where more than $400 is stolen).
When PC 484(a) is charged as an infraction under PC 484(a)/490.5, the defendant is usually ordered to repay the market value of the stolen property or the restocking value where the property is recovered. When PC 484(a) is charged as a misdemeanor the defendant faces up to 180 days in jail. When PC 484(a) is charged as a felony the defendant faces up to 3 years in prison.
Consequences for theft conviction under PC 484(a)
PC 484(a) is considered an "1170h" crime, which means that the defendant may serve any jail sentence in a local county jail as opposed to a California state prison. In addition, PC 484(a) is not considered a serious or violent crime in California and therefore the defendant is entitled to "day-for-day" credit, or 50% credit (this means that for every day the defendant serves in jail he receives credit for two days if he serves his time without bad behavior).
In addition to jail, if found guilty of theft under PC 484(a) the defendant will likely be placed on probation, ordered to pay fines or restitution, ordered to stay away from certain people or shopping areas, and more.
Other collateral consequences for convictions of theft under PC 484(a) include possible loss of professional license (such as Medical, Law, Dentistry, Nursing, etc.), possible immigration consequences (for non-U.S. citizens), possible civil lawsuits, possible family law legal problems, and more.
Note: Theft under PC 484(a) is considered a "moral turpitude" crime and a guilty plea, or a finding of guilty after a jury trial, will lead to adverse consequences for immigration status and defendant's who hold professional or occupational licenses.
Defenses to theft charges under PC 484(a)
Common defenses to theft charges under PC 484(a) include, but are not limited to, lack of intent to permanently deprive the true owner of the property (for example, taking a vehicle for a joyride or taking any property with the intent to return the property or pay for it later), insufficient evidence as to identity of the defendant, entrapment, necessity, reasonable belief that the true owner of the property gave consent to use, borrow, or have the property, insanity, and mistake of fact (as to whom actually owns the property).
If a defendant is charged with theft under PC 484(a) the first thing he or she should do is contact a qualified and experienced criminal defense attorney without delay. In many cases, the defendant does not need to appear in court as his attorney may appear for him on misdemeanor PC 484(a) criminal charges.
Contact criminal defense attorney Christopher Dorado today for a free consultation if you or a loved one is charged with theft under PC 484(a). 100% of attorney Dorado's practice is dedicated to criminal defense and our office is available for advice 7 days a week.
Closely related crimes to theft under PC 484(a) include:
PC 211 Robbery, PC 368 Theft from Elders, PC 530.5 Identity Theft, PC 459 Burglary, PC 503 Embezzlement, PC 596(A) Receipt of Stolen Property, VC 10851(a) Vehicle Theft, W&I 10980 Welfare Fraud, PC 484(A)/490.5 Petty Theft, PC 215(a) Carjacking, PC 666(a) Petty Theft with Priors.
No comments:
Post a Comment