Common Defenses to California Theft Crimes 

In California, theft crimes carry serious consequences. Even misdemeanor theft can result in a minimum sentence of six months’ incarceration. Fortunately, there are several solid defenses to California theft crimes. 

This article discusses seven common defenses to California theft crimes, including lack of intent and ownership. It also explains how a Marin County criminal defense lawyer can help you craft a strong defense against a theft charge. 

About California Theft Crimes 

In California, theft occurs when a person takes someone else’s property by moving it, even a small distance, without permission and with the intent to deprive the owner of the property permanently. Generally, in California, when the value of the property taken is less than $950, the crime is petty theft. When the value is $950 or more, the charge is grand larceny. 

California has many other theft crimes. Like petty and grand theft, these crimes also involve the taking of property. However, they usually involve theft in a specific manner or from a particular location. For instance, stealing from a commercial establishment is shoplifting. Stealing from a person by force is robbery. Other theft crimes include extortion, embezzlement, carjacking, and fraud.

All theft crimes carry serious penalties. A first felony theft conviction can lead to up to three years’ imprisonment. Additionally, theft sentences often include financial penalties such as fines and restitution. Finally, a theft conviction can affect a person’s eligibility for certain jobs and professional licenses. It can also impact a person’s immigration status and housing opportunities. 

Defenses to California Theft Crimes 

There are many defenses to California theft crimes. Here are seven of the most common. 

Lack of Intent 

Nearly every crime requires the prosecution to prove that a person did a particular thing and had a particular state of mind when they did it. If you can prove that you did not have the proper state of mind at the time you took a particular action, you may have a defense. 

Theft requires that a person take property with the intent to keep it. However, some facts may call this intent into question. For example, you go into a store with a small child. While you’re trying on an expensive hat, the child bolts for the store’s exit. Without thinking about the hat, you rush to the child. You don’t remember the hat until you get to the car. You committed the acts required of shoplifting by taking the store’s property out of the store without permission and without paying. However, here, you have a good chance of proving that you left the store to catch the child, not to steal the hat. 

Ownership  

A key component of theft is the unauthorized taking of someone else’s property. However, you can’t steal your own property. So, if you can prove that the property belonged to you, you will have a good defense against a theft charge. 

Consent  

The prosecution must prove that you took the property without permission. If you can show that the owner gave you permission to borrow or use their property, you may have a defense. 

Mistake 

Being mistaken about crucial facts can be a defense to theft. For example, you lend your neighbor your lawnmower. Days later, you see a lawnmower outside in their yard that looks like yours, so you take it. Unbeknownst to you, your neighbor liked your lawnmower so much that they bought an identical one for themselves. You took their lawnmower, not yours. This mistake could help you because it shows that you intended to take your own property – not your neighbor’s.

Alibi and Mistaken Identity

In an alibi defense, the suspect claims that they were at a completely different location at the time the crime occurred. Mistaken identity claims that you were misidentified as the perpetrator. While these defenses are slightly different, they can be connected. Proof of an alibi can support a claim of mistaken identity.

Challenge the Evidence 

If you’re charged with a crime, the prosecution must prove each portion of that crime to the jury beyond a reasonable doubt. It’s your job (and your Marin County defense lawyer’s job) to create doubts. You can do this by challenging the prosecution’s forensic evidence (e.g., DNA and fingerprint analysis) or showing that the prosecution’s eyewitnesses are unreliable. Highlighting the flaws in the evidence will give the jury reason to doubt it. If this doubt grows, it may lead to an acquittal. 

Constitutional Issues

During criminal investigations, police and prosecutors have to follow strict rules. The Fourth Amendment requires police officers to have a warrant (or a valid exception) to search someone’s home. The Fifth Amendment requires the police to read suspects certain rights before interrogating them while they are in custody. Failure to follow these rules can lead to the tainted evidence (and any evidence found as a result of that tainted evidence) being excluded from the trial. 

If the police collected evidence from your home without a search warrant or a valid exception, your Marin County defense attorney can file a motion that asks the judge to exclude any evidence found at that time from your proceedings. Similarly, if you gave a confession that led to police to evidence, your attorney can ask the court to throw out the confession and the evidence found as a result. 

NOT a Defense – Returning the Property

You may have heard that returning property is a defense to a theft charge. This is a myth. Under California law, returning property after it is stolen is no defense. This makes sense as the theft is complete once the property is taken with the intent to take it. A later change of mind doesn’t alter this fact. However, some prosecutors may take the return into account when deciding the charge or recommending a sentence.  

Get a Strong Defense Team to Handle Your California Theft Charge

If you’ve been charged with a theft crime, it’s normal to worry about how it will affect your life. However, an experienced Marin County defense lawyer can help you craft a strong defense that will help you protect your freedom. 

If you need legal representation for a theft crime or any other crime, contact Brownstein Law Group. Our Marin County defense attorneys have years of experience providing aggressive representation to people in San Francisco and beyond. Contact us today to learn more about how our team can help you.