Santa Clara County Theft Attorney

Law Firm in San Jose for Clients Charged with Petty or Grand Larceny

At Fuller Law Firm, we believe that many people who end up charged with theft are good people who simply made a poor choice. Our philosophy is that most criminal defendants would benefit much more from a second chance than a permanent criminal record or time spent in jail. With that in mind, we provide compassionate, focused representation for individuals accused of theft, burglary, embezzlement, and more.

Attorney Cory Fuller has the experience and skills to help criminal defendants charged with theft formulate a strong defense. He, along with the entire team at Fuller Law Firm, see criminal defendants as a whole person, not just as a product of the mistakes they are alleged to have made.

Theft Laws in California

Theft, which is also referred to as larceny, is one of several types of property crime in California. In order to convict a criminal suspect of theft, a prosecutor must prove that the suspect intended to permanently take the property, or the right to the property, from the property owner's possession. In other words, the prosecution must show that the defendant had the specific intent to steal. There are many forms of theft which fall under California's theft laws. Theft can include stealing someone's money, personal property, real property, or the value of labor or services.

In many cases, theft happens without the property owner's immediate knowledge. However, situations in which a property owner temporarily gives property to someone and that person does not return the property can also be considered theft.

Petty Theft and Grand Theft

California law classifies theft as either petty theft or grand theft. Similar to California's embezzlement law and others, the difference between these two crimes depends on the value of the property stolen. A criminal defendant who is accused of stealing property valued at more than $950 is usually facing a grand theft charge. If the value of the property allegedly stolen is $950 or less, this is generally a petty theft offense. There are exceptions to these general rules. If property is taken directly from the property owner during a mugging or robbery, or if the property stolen was a firearm, this would likely be a grand theft offense.

We Can Help You Fight Theft Charges

If you are convicted of petty theft, you face a term of imprisonment up to six months and a fine of up to $1,000. If the property you took was valued below $50, you may only face a misdemeanor or an infraction, which incurs a fine of up to $250. Grand theft in California is a "wobbler" offense, meaning it can be prosecuted as either a misdemeanor or a felony. Misdemeanor grand theft is punishable by a term of imprisonment in county jail up to one year, while felony grand theft is punishable by up to three years of incarceration. Prior criminal convictions can increase the sentence imposed by California courts for theft offenses.

Schedule a Free Consultation Today

To learn more about defending against theft charges, contact the experienced legal professionals at the Fuller Law Firm. Schedule a free, confidential consultation to discuss your charges by calling 408-234-7563 today. Our team serves clients in the San Jose area, including Palo Alto, Gilroy, Fremont, Santa Clara County, Alameda County, and the surrounding areas.