Nearly Two Decades on the Defense Side. Every Case, Every Time.
A theft accusation does more than expose you to legal penalties. It calls your character into question. Even a misdemeanor conviction leaves a permanent mark on your record, one that can block employment, housing, and professional licenses for years. What’s at stake isn’t just a court date. It’s your future.
If you’re facing theft charges in Merced or anywhere in Merced County, I’m ready to help. I started my career as a public defender and have spent nearly two decades defending the accused. I have never practiced on the prosecution side. Across roughly ten thousand criminal cases, I’ve built my reputation entirely through word of mouth. Not marketing. It’s what happens when clients see results and tell the people they trust.
I offer free consultations so you can understand your options without financial pressure. I’m available 24/7 because legal emergencies don’t follow a schedule. I also offer virtual meetings and speak Spanish.
I’m ready to listen and fight for you. To schedule a free consultation with a theft crime attorney in Merced or the surrounding area, call (209) 546-6192 or contact me online.
Understanding Theft Charges in California
California statutes use the term “theft” where older common-law traditions used “larceny”. Both describe the same fundamental offense: the unlawful taking of another person’s property. The concept seems straightforward, but the law draws a critical line based on the value of what was taken.
That value determines which of two categories applies:
Petty theft (PC § 488). Property valued at $950 or less is petty theft, a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, and probation.
Grand theft (PC § 487). Property valued at more than $950 is grand theft, a “wobbler” the prosecutor can charge as either a misdemeanor or a felony. A felony conviction can result in up to three years in prison. Certain items, including automobiles and firearms, are treated as grand theft regardless of value.
Because the charging decision on a wobbler rests entirely with the prosecutor, early intervention matters. The sooner I can analyze the facts and engage with the prosecution, the more options we may have.
Common Theft Charges in Merced County
Theft law in California covers far more than shoplifting. Each charge carries its own elements, penalties, and defense considerations, and no two cases require the same strategy.
Charges I defend include:
Burglary (PC § 459). Burglary is defined by intent, not by whether a theft was completed. Entering a structure with the intent to commit a felony or theft inside is enough. Residential burglary is always a felony and a strike under California’s Three Strikes law, with consequences that can reach well beyond the current case. See my dedicated burglary defense page for more detail.
Robbery (PC § 211). Taking property from another person’s immediate presence by force or fear is a violent crime and always a felony, carrying severe penalties.
Receiving stolen property (PC § 496). Buying, receiving, concealing, or selling property you knew was stolen is a wobbler, chargeable as a misdemeanor or felony depending on the property’s value and other factors.
Embezzlement (PC § 503). A theft rooted in a breach of trust: a person entrusted with property who takes it for their own benefit. Embezzlement is common in workplace settings and can overlap with white collar charges.
Petty theft with a prior (PC § 666). A repeat petty theft can be elevated to a wobbler when the defendant has qualifying prior convictions, raising the stakes considerably for what might otherwise look like a minor offense.
Identity theft and auto theft. Prosecutors in Merced County may charge these alongside or instead of simple theft. Both carry serious penalties and present distinct factual and legal issues requiring targeted analysis.
Defenses Available in Theft Cases
An accusation isn’t a conviction. The prosecution must prove every element of the charged offense beyond a reasonable doubt, and my first step in every case is a thorough analysis of the evidence to find exactly where their case is weakest.
Depending on the facts, a defense may be built around:
Lack of intent. Theft requires specific intent to permanently deprive the owner of their property. If you took something by mistake or had a good-faith belief it was yours, that intent may be absent entirely. Accidentally leaving a store with an item still in your cart is not theft under California law.
Claim of right. A genuine, good-faith belief that you had a right to the property can negate the intent to steal, even if that belief turned out to be mistaken.
False accusations. Theft allegations sometimes arise from personal disputes, misunderstandings, or outright fabrication. I investigate the accuser’s credibility and motives when those circumstances are present.
Mistaken identity. Eyewitness misidentification and poor-quality surveillance footage are well-documented sources of wrongful accusations. I challenge both when the facts support it.
Suppression of evidence. If law enforcement violated your Fourth Amendment rights during a search or arrest, the resulting evidence may be inadmissible. Removing tainted evidence can change the entire landscape of the charges.
Theft cases in Merced County are prosecuted in the Superior Court of California, County of Merced. I know how these cases are built and argued in that courtroom, and I put that knowledge to work from the first consultation forward.
A Career Built Entirely on the Defense Side
I made a deliberate choice to stand only with the accused. My career began as a public defender, and that is the only side I have ever been on for nearly two decades. I founded Law Office of Christopher Loethen around one commitment: a strong defense for those in need, always focused on protecting each client’s life and future. My clients aren’t case numbers. They’re people, and I build every defense with their specific circumstances in mind.
