Rebecca Feigelson: Your Oakland Theft Lawyer
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Oakland Theft Attorney
Theft charges in Oakland, CA, are by no means simple allegations. Depending on the nature and value of the purportedly stolen items, you could be looking at lengthy prison terms, hefty fines, and restitution.
With a conviction, you will be left with a permanent criminal record with irreversible damage to your career, education, and privileges. There’s just a lot at stake, even for a petty theft charge.
If you or a loved one is facing theft charges in Oakland, California, it’s imperative to seek an Oakland theft crime lawyer. With extensive knowledge and experience working on similar cases, they are better suited to investigate your case, represent you throughout the criminal process, and defend you in court.
Compassionate and personable attorneys at the Law Office of Rebecca Feigelson are available around the clock to come to your defense.
Types of Theft Crimes Under the California Penal Code
California law has a straightforward stand on theft offenses. 484 of the California Penal Code makes it unlawful to steal or otherwise misappropriate someone’s property. This expansive definition touches the majority of theft crimes, including:
Petty Theft
Petty theft is unlawfully taking a property valued below $950 without the use of force or fear.
Grand Theft
Grand theft involves the unlawful taking of any property valued above $950 without the use of force or fear. Grand theft can be a felony or a misdemeanor, depending on the circumstances and the value of the stolen property.
Shoplifting
Shoplifting involves taking merchandise from a store without paying for it. Depending on the value of the stolen goods and the suspect’s criminal history, shoplifting can be charged as petty or grand theft.
Auto Theft
Auto theft is the unlawful taking of someone else’s vehicle without their permission, which can be a felony or misdemeanor.
Robbery
Robbery is a theft crime that involves taking someone’s property through force or threat of force. It is considered a felony and is punished more severely than other theft crimes.
Burglary
Burglary is entering a building or structure intending to commit theft or any other felony. It can be charged as first or second-degree burglary with varying consequences, depending on the location and circumstances of the crime.
Identity Theft
Identity theft is the unlawful use of someone’s personal information. This could be their Social Security number, credit card information, ID, etc., for financial gain or fraud.
Embezzlement
Embezzlement is when someone misappropriates assets in their care for their personal benefit. This offense can be charged as petty or grand theft, depending on the stolen property.
Understanding the Nuances of Theft Offenses
Exploring the distinctions between various theft offenses unveils a spectrum of criminal activities, each with unique legal ramifications. While shoplifting typically involves the surreptitious removal of items from a store, vehicle theft is characterized by the unauthorized taking of a car, often involving a complex legal battle if contested. Robbery escalates the severity as it incorporates force or intimidation to deprive someone of their belongings directly.
On the other hand, burglary involves an unlawful entry into a structure, aiming to commit theft or another crime therein, marking a premeditated aspect distinct from spontaneous theft acts. Identity theft diverges by focusing on the illegal acquisition and use of someone else’s personal data for fraudulent purposes. Lastly, embezzlement stands out by betraying a fiduciary trust, where the perpetrator legally accesses the assets but uses them unlawfully.
Each category not only reflects the method of execution but also influences the potential legal outcomes and defenses available, underscoring the necessity for an adept legal defense that comprehends these nuances.
Penalties for Theft Crime Conviction in Oakland
Your potential punishments will vary substantially, depending on the type of theft offense for which you have been charged.
Here are some of the possible penalties:
- Robbery is punishable by up to nine years in state incarceration and up to $10,000 in fines.
- Burglary in the first degree is a felony punishable by up to six years in state prison and fines of up to $10,000. However, burglary in the second degree is a misdemeanor.
- Grand theft is punishable by up to a year in county prison and up to $1,000 in fines for a misdemeanor conviction. Felony grand theft convictions incur a maximum sentence of three years in prison and fines of up to $10,000.
- Petty theft charges can get you up to six months of jail time. A conviction may also include fines of up to $1,000.
- Shoplifting is punishable by a maximum of six months in county jail. It may also include fines of up to $1,000.
- Theft of a motor vehicle carries minimum and maximum prison terms of one year and three years, respectively, in county jail or state prison. The maximum fine for a misdemeanor conviction is $1,000, while the maximum fine for felony charges is $10,000.
- Vandalism is punishable by fines of up to $1,000 and up to one year of imprisonment for misdemeanor convictions. For a felony conviction, penalties can reach up to $10,000 in fines and up to three years in prison.
Collateral Consequences of Theft Crimes
Aside from the criminal punishment, theft charges typically come with additional consequences. The most obvious is that courts may order the offender to make restitution to the victim.
Some theft cases may only be resolved once the restitution is paid in full. Even when a defendant pleads guilty, restitution is usually a condition of their probation.
Following a theft conviction, offenders may face the following consequences associated with a criminal record:
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Issues with immigration or citizenship
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Child custody issues
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Difficulty finding a decent job
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Accommodation issues
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Suspension or revocation of professional licenses
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Court-ordered counseling for mental health
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Loss of access to firearms
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The loss of federal aid eligibility
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Court-ordered alcohol or substance treatment
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Revocation or suspension of your driver’s license
Due to a theft conviction, you may experience strained relationships with family and friends and a ruined reputation. For these reasons, it’s crucial to aggressively fight the charges against you. Consider working with an experienced theft attorney as soon as you are suspected of a theft crime.
How an Oakland Theft Lawyer Can Help You
Hiring an Oakland theft lawyer is crucial for your case’s outcome. Here are a few ways in which a theft lawyer can help you:
Help You Understand Your Rights
Many individuals accused of theft are unaware of their legal rights. For starters, you are not required to answer police questions, give a statement, or agree to a search of your property without a warrant. You should always use your Miranda rights as soon as you’re contacted by the police.
Additionally, you may have a legal claim to the property you are accused of stealing. Your theft attorney can help you understand your legal rights and protect your future.
Investigate Your Case and Gather Evidence
Police reports never tell the full story. Your attorney’s job is to listen to you and gather evidence that supports your case. They know what evidence is required to get your charges dropped or reduced, so they do everything in their power to find and present it.
Represent You Throughout the Criminal Process
The criminal process is complex and involves several stages, from the criminal investigation to the sentencing hearing. Your attorney will represent you in each stage, keeping your best interest in mind. They will file motions, present new evidence, and negotiate with the prosecution for favorable plea deals. If your case proceeds to court, your attorney will prepare a solid defense strategy that presents you to the jury or judge in the best light.
Law Office of Rebecca Feigelson Is Here to Help
Reach out to the Law Office of Rebecca Feigelson to schedule a free consultation with a competent Oakland theft attorney.
We have been helping Oakland residents fight a long list of misdemeanors and felonies for years, and we can help you, too.
Our theft lawyer will protect your rights, evaluate your case, and devise a well-crafted defense strategy to ensure the best possible outcome for you.