Theft is an umbrella term for many different types of theft crimes such as petty theft, grand theft, larceny, embezzlement, grand theft auto, false presence, burglary, robbery, receiving stolen property and more. Theft occurs on a daily basis. There are approximately over 600,000 theft crimes each year in California.
To be guilty of larceny, the prosecution must prove beyond a reasonable doubt that you took possession of property belonging to someone else and kept it without the owner's consent. They also must prove that when you took the property, you intended to permanently deprive the owner of his property.
For example, you were walking down Memory Lane and saw a bicycle on the porch of your neighbor's house that looked just like the one you had when you were young. You then took the bicycle home without permission, and with the intent to keep it. If you find yourself in a similar situation, you may be guilty of larceny. Contact Do & Associates immediately so we can ensure that your rights are protected.
The crime of false pretense is similar to larceny, however, false pretense also requires that the property is obtained by an intentional misrepresentation of a material past or present fact, and that the title or ownership passes from the victim to the perpetrator.
For example, you sign a document agreeing to pay your friend $5,000 to buy his car, however, you have no intention to ever pay for the car. Your friend delivers the car, and signs over title of the car to you. You never pay your friend. If you find yourself in an similar situation, you may be guilty of the crime of false pretenses. Contact Do & Associates immediately to find out how we can help.
Larceny by Trick
Larceny by trick is similar to false pretenses, except that the title or ownership of the property does not pass from the victim to the perpetrator.
For example, you agree to pay a car dealership $5,000 to buy a car with payments of $500 per month, however, you have no intention to ever pay for the car. The car dealership allows you to take possession of the car, but does not sign over title. You never pay. If you find yourself in a similar situation, you may be guilty of larceny by trick. Contact Do & Associates immediately for a free consultation.
Embezzlement is a white collar crime that involves theft by a person in a position of trust. A relationship of trust and confidence must exist between the victim and the perpetrator in order for the crime of embezzlement to occur. Embezzlement typically occurs in an employer/employee relationship. To be found guilty of embezzlement, the Prosecution must prove that you fraudulently converted property that was entrusted to you.
For example: you are an assistant manager of a auto repair shop. The owner of the shop entrusted you with the shop's credit card to pay the vendors. Instead of paying the vendors, you violated the owner's trust by ordering new clothes for yourself with the shop credit card. In this hypothetical, you may be guilty of embezzlement. If you find yourself in a similar situation, don't wait until your situation escalate to something worse, contact Do & Associates immediately so we can ensure that your rights are protected.
Punishment for theft depends on the type of theft you are charged with, and whether you are charged with a misdemeanor or a felony. Generally, if the property value does not exceed $950, it is considered misdemeanor petty theft, which is punishable by a fine of no more than $1,000.00, a county jail sentence of not over 6 months, or both. Property value that exceeds $950 will generally be considered felony grand theft, which may be punished by one to three years in prison, fines from $1,000.00 to $10,000.00, or both.
DISCLAIMER: The information provided herein does not constitute legal representation or legal advice