An accusation of theft carries potential consequences beyond legal punishment; it calls your character into question. A conviction, even for a low-level offense, can leave a permanent mark on your record. That record can block access to jobs, housing, and professional licenses for years to come. I understand that what’s at stake is not just one court case, it’s your future.
I offer free consultations so you can understand your legal options without financial pressure. I am available 24/7 because legal emergencies don’t follow a schedule. I also offer virtual meetings and speak Spanish.
I am ready to listen and to fight for you. To schedule a complimentary consultation with a theft crime attorney in Merced or the surrounding areas, call (209) 546-6192 or contact me online.
Understanding Theft Crimes in California
In California, the legal definition of theft is the unlawful taking of another person's property. While the concept seems simple, the law makes a critical distinction based on the value of the property taken.
The property's value is the primary factor separating the two main categories of theft:
Petty theft (PC § 488). If the value of the stolen property is $950 or less, the crime is considered petty theft. This is a misdemeanor offense, punishable by up to six months in county jail, a fine of up to $1,000, and probation. A typical example is shoplifting a low-value item.
Grand theft (PC § 487). If the value of the stolen property is more than $950, the crime is considered grand theft. Grand theft is a "wobbler," which means the prosecutor can charge it as either a misdemeanor or a felony. A felony conviction can result in up to three years in prison. Certain items, such as automobiles or firearms, are considered grand theft regardless of their value.
Common Types of Theft Charges
Theft law in California covers a wide range of conduct beyond simple shoplifting. The prosecution must prove specific elements for each type of charge. At Law Office of Christopher Loethen, I handle a broad spectrum of theft-related cases, each requiring a unique defense strategy.
Some of the most common theft charges include:
Burglary (PC § 459). Burglary is not about stealing, but about entering a structure (like a home, room, or locked vehicle) with the intent to commit a felony or any theft once inside. Residential burglary ("first-degree") is always a felony and a strike under California's Three Strikes law.
Robbery (PC § 211). Robbery is a violent crime. It is defined as taking property from another person's immediate presence through the use of force or fear. Because of the element of force, robbery is always a felony and carries severe penalties, including a long prison sentence.
Receiving stolen property (PC § 496). It is a crime to buy, receive, conceal, or sell any property you know, or reasonably should have known, that was obtained through theft or extortion. This is also a wobbler offense.
Embezzlement (PC § 503). This is a theft crime based on trust. It occurs when a person entrusted with property fraudulently takes it for their own benefit. This is common in workplace situations.
Potential Defenses to Theft Allegations
An accusation of theft does not automatically mean you will be convicted. The prosecution is burdened to prove every element of the crime beyond a reasonable doubt.
At Law Office of Christopher Loethen, my first step in your case will be to meticulously analyze all available evidence and identify any weaknesses in the prosecution’s case.
A strong defense can be built in several ways, depending on the facts of your case:
Lack of intent. To be guilty of theft, you must have had the specific intent to deprive the owner of their property permanently. If you took an item by mistake or believed it was yours, you may not have the required criminal intent. For example, accidentally walking out of a store with an item in your cart is not theft.
Claim of right. This defense applies if you took property with a good faith belief that you had a right to it, even if your belief was mistaken. If you genuinely thought the property was yours, it can negate the intent to steal.
False accusations. In some situations, a person may be falsely accused of theft due to a personal dispute, a misunderstanding, or a desire for revenge. In these cases, I investigate the accuser's credibility and motives to expose the truth.
Mistaken identity. If you were wrongly identified as the perpetrator, I will challenge the evidence used against you. This can include questioning the reliability of eyewitness testimony or scrutinizing the quality of surveillance footage.
My commitment to defending people in this position has defined my entire career. I made a conscious choice to stand only with the accused. I did not come from the prosecutor’s side; my work began as a public defender, and that is the only side I have been on for nearly two decades.
This background is the foundation of my practice and why I founded Law Office of Christopher Loethen. I built this firm to act on a single commitment: to provide a strong defense for those in need, always focused on protecting each client's life and future.
To build your defense with a theft crime attorney in Merced, call (209) 546-6192 or contact me online.
