Grand theft is detailed in California Penal Code Section 487. Being charged with any type of criminal offense can be a frightening experience. Just thinking of possibly spending time in jail or prison is overwhelming. If you should find yourself charged with grand theft, you need a Riverside grand theft attorney from Greenberg, Greenberg & Kenyon. We understand your situation and can help you understand what lies ahead for you, as well as how we can help mitigate the consequences of your charges.
Maybe you did commit the crime of grand theft, but there are mitigating circumstances. We will make sure the prosecutor and the jury are aware of those circumstances. Or maybe you are entirely innocent of the charges. If this is the case, we will investigate thoroughly, helping prove your innocence and perhaps even find the guilty party.
In San Bernardino, auto theft, also known as grand theft auto, is often charged as a felony, although in some cases, it is charged as a misdemeanor under the California vehicle code. In either case, if you have been accused of stealing a motor vehicle, it is important to consult with an experienced criminal defense attorney as soon as possible.
RIVERSIDE GRAND THEFT AUTO LAWYERS
At Greenberg, Greenberg & Kenyon, our Riverside attorneys have more than 50 years of experience defending clients against auto theft charges and other property crimes. We will put our skill and experience to work for you, crafting an aggressive defense strategy to protect your rights.
Contact us today online or by telephone at (951) 382-0493 to speak with one of our Riverside auto theft attorneys. We represent clients throughout Riverside, San Bernardino, Los Angeles, Orange, and San Diego counties.
What are Grand Theft Charges in California?
When another’s property is taken without permission to permanently deprive that person of the property, theft has occurred. California law differentiates between “grand” theft and “petite” theft. Petite theft is usually referred to as shoplifting, involving items that are worth less than $950. When items worth more than $950 are taken, the offense is charged as grand theft. Grand theft charges often exist simultaneously with fraud-related charges like insurance, credit card, or real estate fraud.
Stealing a computer worth $2,000 would be charged as grand theft, but taking money from the cash register at work a little at a time over a period of time could also be charged as grand theft if the total take is more than $950. Certain scams can also trigger charges of grand theft. If a person was operating a telemarketing scam that had 50 victims who each lost $50 to the scam, that person could be charged with grand theft.
What Can Happen if You Are Charged with Grand Theft?
If you are caught in the commission of a theft, you may be immediately arrested. If there has been a theft that the police are investigating and they determine you are the culprit, then they could arrest you at your home, work, or anywhere else. The prosecutor will decide whether to file charges; if he or she declines to file charges, you will be free to go. If the prosecutor agrees you are the likely perpetrator of the theft, you will be required to post bond, or you will have to stay in jail. While you are not entitled to the report that summarizes the events leading up to the arrest or citation, your attorney can get this report.
The prosecutor will decide whether to charge the theft as a misdemeanor or a felony and must file charges within 48 hours if you are in jail. You will appear in court for an arraignment where the judge will read the charges, and you will enter a plea of either guilty, not guilty, or no contest. If your grand theft is charged as a misdemeanor, discovery will ensue, either side may file pretrial motions, and you have the opportunity to change your plea to guilty or no contest if there is a plea deal to be had.
The attorneys may discuss how the case can be resolved without going to trial. If you are charged with a felony, a trial date will be set unless your attorney can negotiate a plea deal where you admit your guilt and take a lesser sentence. If your case goes to trial, jurors will determine your guilt or innocence after hearing all the evidence against you. If found guilty, the judge will set a sentencing date. Your attorney may argue for leniency if there were extenuating circumstances.
Is Grand Theft a Felony in California?
Under California law, grand theft is considered a “wobbler” offense, which means it can be charged as a misdemeanor or a felony. This decision is largely left to the discretion of the prosecutor for the state, although the amount of the loss, whether the defendant has a prior criminal history, and the circumstances surrounding the theft could decide how the case is charged. If the grand theft is prosecuted as a misdemeanor and you are convicted, you face up to a year in county jail as well as fines and fees and restitution to the victim.
If your grand theft is prosecuted as a felony and you are convicted, you could face between 16 months and three years in a California state prison. If the loss from the grand theft exceeds $65,000, a one-year enhancement penalty applies. If the loss amount is more than $200,000, a two-year enhancement penalty applies. If the loss amount exceeds $1.3 million, a three-year sentencing enhancement applies, and for a loss of $3.2 million or more, a four-year sentencing enhancement applies.
What Are Possible Defenses for Grand Theft?
The defense your Riverside grand theft attorney will use on your behalf will depend on the circumstances surrounding the crime. That being said, there are several common defenses for this offense, including:
- There was no intent to wrongfully take the property belonging to another, or it was taken, but there was intent to return it.
- You had a good faith belief that you were entitled to the property that was taken. Even if your belief was incorrect, if you had a good reason to believe the item belonged to you, you could escape a conviction for grand theft.
- The value of the stolen property is not as much as the police stated.
- You were coerced to take the property or took it while under duress.
- You are not the person who took the property; rather, it is a case of either false accusations or mistaken identity.
How Can an Attorney Help You with Grand Theft Charges?
Having a Riverside grand theft attorney as your advocate can help ensure that you get a fair experience during the judicial process. Your attorney can help you by investigating the facts surrounding your charges, building the best defense possible on your behalf, and then negotiating persuasively with the prosecutor to get the best outcome possible for your charges.
You need a lawyer who will work hard on your behalf, zealously defending you at every turn. Trying to navigate the system on your own is unlikely to have a good ending. An attorney from Greenberg, Greenberg & Kenyon has been on the other side of the system, so he knows what to expect and how to get the best deal possible for you.
Contacting an Attorney to Help with Your Grand Theft Charges
Some people may ask for referrals from friends, family members, or co-workers if they know someone who has needed a criminal defense lawyer in the past. Others will look online to find an attorney in their area who seems like a good fit. At Greenberg, Greenberg & Kenyon, we hope you will set up an initial consultation with a Riverside grand theft attorney from our firm.
We take time with every client to listen to their story—just as we will listen to you. After hearing about your charges, we will answer your questions comprehensively yet in an easy-to-understand manner. We will map out a strategy to combat your grand theft charges and explain to you how the process will work. We believe once you have seen how we work, your choice will be clear.
DEFENDING AGAINST AUTO THEFT CHARGES IN RIVERSIDE
To be convicted of auto theft, the prosecution must prove that you did not own the vehicle, that you took the vehicle without the owner’s consent, and that you intended to deprive him or her of possession or ownership of the vehicle.
As former prosecutors, we are aware of how difficult it can be for the prosecution to prove beyond a reasonable doubt that all of these factors were present. In many cases, we can argue that the defendant drove the car intending to return it to the owner, or that the defendant had permission from the owner to drive the car.
GRAND THEFT AUTO AND THE CALIFORNIA THREE STRIKE LAW
Considering California’s three strikes law, it is especially important to keep a felony charge like auto theft off your record. Aside from the judicial penalties you could be subject to, there are always collateral consequences that can be unpleasant as well. Our lawyers will work as a team to devise the best possible way to protect you and your rights and spare you from the consequences of an auto theft conviction.
CONTACT A GRAND THEFT AUTO ATTORNEY TODAY!
If you have been charged with auto theft and need a strong criminal defense, we are here to help. Contact us today online or by telephone at (951) 382-0493 to speak with one of our knowledgeable San Bernardino & Riverside auto theft defense lawyers. We offer free initial consultations, and our phone is answered 24 hours per day. All calls are returned promptly.
