Theft Offenses in California

The following treats theft offenses in California.

The seriousness of theft offenses, as well as the types of people who commit them, varies widely

Many people who have never been in trouble with the law sometime get involved in theft offenses such as simple shoplifting. Serious theft offenses like fraud, embezzlement, identity theft, so-called "White Collar Crime," and other theft related offenses involve criminals who may be facing habitual criminal ("Three Strikes Law") enhancement statutes. All alleged theft offenses require strong advocacy by a seasoned criminal lawyer to keep the client out of jail.

There are possible pre-conviction avenues in theft cases which should be pursued

Diversion, that is, the dismissal of charges after participation in classes or therapy, is available only in some counties. This remedy is also known as deferred entry of judgment, with or without a guilty plea from the client on the record in the event that her or she does not comply with the terms of diversion. The better disposition is the "DEJ" without a plea of guilty as a condition precedent. Also, "civil compromise," that is, a negotiated settlement resembling that of a civil lawsuit, is technically available in all California counties. Even though the courts and retailers are reluctant to agree to a civil compromise, it is worth pursuing since the end result is a dismissal of all charges.

Prior convictions for theft offenses

Prior convictions for theft and other offenses present unique problems to a theft case since a second time petty theft can be charged as a felony. Getting prior convictions stricken from theft cases, either by motion to the court or negotiation with the prosecution. Is a top priority for defense counsel to get the best disposition for the client.

Collateral consequences of a theft conviction

In additional to the penalties that may be imposed in a theft criminal case, the client may suffer consequences. Ineligibilty to obtain or retain a professional license is a common consequence of conviction. Additionally, many employers now discharge an employee who has been convicted of a crime of "moral turpitude," such as a theft offense. The client should seek the best possible practitioner in criminal law to mitigate, if not eliminate, the consequences of an alleged theft offense. The client should also consult with an attorney who deals with the very rapidly changing area of employment law regarding collateral consequences of a theft conviction.