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Theft Related Crimes

Petty Theft:
Penal Code Section 488

In order to convict someone of petty theft, the prosecuting attorney must prove:

1. An accused person took personal property of some value belonging to another,
2. When the accused took the property, it was with the specific intent to deprive the alleged victim permanently of the property, and
3. The accused carried the property away by obtaining physical possession, movement of the property, and exercised control for some period of time.
4. The value of the item(s) taken was $400 or less.
   
   Petty theft is a misdemeanor offense. It is very rare for someone to receive jail time for a petty theft although technically, the crime carries a sentence of up to 1 year. If the item taken was a low-value item, the theft may be able to be reduced to an infraction and therefore, no criminal record would result. A problem arises for the accused if the crime is a repeat offense because the new theft case can (and likely will) be filed as a felony charge and the accused can then face jail time in state prison.

Grand Theft:
Penal Code Section 487

In order to convict someone of grand theft, the prosecuting attorney must prove the same elements as in PC Section 488, except that the value of the item(s) taken must be greater than $400.00. As a result, a felony charge can result in the accused facing up to 3 years in state prison.

Even if you are charged with a felony, there is a good possibility that the charge against you can be reduced and that you may be able to avoid serving any time in custody. Therefore, it is important to get quality representation early so that Ken Holder can work with the prosecution to preclude a harsher charge and punishment against you than is necessary.

Burglary:
Penal Code Section 459

In order to convict someone of burglary, the prosecuting attorney must prove:

1. An accused person entered a building,
2. At the time of entry, the accused had the specific intent to steal and take away someone else's property, and
3. The accused specifically intended to permanently deprive the owner of the property.

Any person who enters the dwelling or inhabited structure of another with the intent to steal or commit a felony is guilty of burglary in the first degree and can serve up to 6 years in state prison.

Commercial Burglary:
Penal Code Section 459

In order to convict someone of commercial burglary, the prosecuting attorney must prove the same elements above, except that because a commercial burglary is not a dwelling or inhabited structure, it is considered a second degree burglary. As a result, the charge can be filed either as a misdemeanor (a maximum sentence of 1 year) or as a felony with the accused facing up to 3 years in state prison.

Even if you are charged with a felony, there is a good possibility that you may be able to avoid serving time in custody. Therefore, as with most theft cases, it is important to get quality representation early so that Ken Holder can work with the prosecution to preclude a harsher charge and punishment against you than is necessary.

Robbery:
Penal Code Section 211

In order to convict someone of robbery, the prosecuting attorney must prove:

1. A victim had possession of property of some value, however slight;
2. An accused person took the property from the immediate presence of the victim;
3. The property was taken against the will of the victim (i.e. without consent);
4. The “taking” was accomplished by force or fear; and
5. The property was taken with the specific intent to permanently deprive the victim of the property

Thus, the crime of robbery is a combination of an assault and a larceny. This means that it is an offense against not only the property, but against the person and is treated as a more serious crime since it impacts the personal security of the victim. Therefore, in addition to the offender being put at risk to serve up to 6 years in state prison time, robbery is a “strike” offense, requiring an accused’s attorney not only deal with the issue of serving time in jail, but also protecting one against issues of enhanced penalties, which can result in additional time served in state prison.