Fullerton Criminal Defense Attorney

Property crimes represent a significant portion of criminal offenses in California, ranging from petty shoplifting incidents to violent confrontations. While terms like "theft," "burglary," and "robbery" are often used interchangeably in everyday conversation, they carry distinct and severe legal meanings under the California Penal Code (PC). Understanding these differences is not just a matter of legal curiosity; it can mean the distinction between a misdemeanor and a life-altering felony conviction.

At Poseidon Defense APC, we are dedicated to providing robust legal defense for individuals accused of property crimes throughout California. We help clarify the nuances of these charges and work tirelessly to protect your rights and future.

Theft (often referred to as larceny) is the unlawful taking of another person's property with the intent to permanently deprive them of it. California defines theft primarily under Penal Code 484 PC (for the general definition) and Penal Code 488 PC (for petty theft). The critical distinction in theft charges revolves around the value of the property taken:

Petty theft involves taking property valued at $950 or less. This is typically a misdemeanor offense.

• What constitutes petty theft? Any taking of property, services, or money under $950, without the owner's consent, and with the intent to permanently deprive them of it. This includes most instances of shoplifting.
• What is the punishment for theft (petty)? For a first offense, penalties usually include fines, probation, and potentially up to six months in county jail.
• What happens if you get caught shoplifting under 18? For minors, consequences often involve juvenile court proceedings, diversion programs, community service, and fines, rather than immediate jail time, though severe cases can lead to more stringent measures.

Grand theft is a more serious charge, generally a "wobbler" offense (meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances and the prosecutor's discretion). It is defined under Penal Code 487 PC.

• What amount is considered grand theft? Property valued at over $950 is typically considered grand theft.
• What is grand theft in California? Beyond the value, grand theft can also apply if: 
  • The property taken is a firearm or an automobile (regardless of value).
  • The property is taken directly from the person of the victim (known as "grand theft person").
• What is the felony amount for theft? Any theft over $950 can be charged as a felony.
• What is the charge for stealing a substantial amount or specific items (like vehicles) would be grand theft.
• What are the punishments for stealing via grand theft can range from county jail time for a misdemeanor to 16 months, two years, or three years in state prison for a felony.

• Receiving Stolen Property (Penal Code 496 PC): This crime, known as receiving stolen property California or receiving stolen property PC, involves knowingly buying, receiving, concealing, selling, or withholding property that was obtained by theft or extortion. Even if you didn't steal it yourself, possessing stolen goods can lead to charges. What does being in possession of stolen property mean? It implies that you knew or reasonably should have known the property was stolen.

Burglary is often misunderstood as simply "breaking and entering." However, under Penal Code 459 PC (PC 459), the key element is the intent to commit a felony or petty theft at the time of entry into a structure.

• What is a burglary charge? You don't actually have to steal anything to be charged with burglary. If you enter a building (even if the door is unlocked) with the intent to commit a theft (e.g., grand theft or petty theft) or any other felony inside, you can be charged with burglary.
• First-Degree Burglary (Residential Burglary): This is entering an inhabited dwelling (like a home, apartment, or occupied boat/trailer) with the intent to commit a felony or theft. It's always a felony, considered a "strike" under California's Three Strikes Law, and carries severe penalties including prison time.
• Second-Degree Burglary (Commercial Burglary): This applies to any other type of structure not an inhabited dwelling, such as a store, office, or warehouse. It's a "wobbler," meaning it can be charged as either a misdemeanor or a felony. What is commercial burglary and what is second degree burglary in California fall under this category.

The difference between burglary and theft is clear: burglary focuses on the act of entering with criminal intent, while theft focuses on the act of taking property.

Robbery is considered a violent crime and is one of the most serious property offenses. Defined under Penal Code 211 PC (PC 211), what is a 211 crime is the felonious taking of personal property in the possession of another, from his or her person or immediate presence, and against his or her will, accomplished by means of force or fear.

• Key elements of robbery: 
  1. Taking Property from a Person/Immediate Presence: The property must be taken directly from the victim or their immediate control.
  2. Against Their Will: The victim does not consent to the taking.
  3. Force or Fear: The use of violence, or the threat of violence (to the victim or their family), is what elevates theft to robbery.

• What is 2nd degree robbery in California? Most robberies fall under second-degree robbery, which applies to all robberies not classified as first-degree.
• First-Degree Robbery: Applies to robberies of drivers/passengers of vehicles for hire (e.g., taxis), robberies of people on or near ATMs, or robberies committed in an inhabited dwelling.
• Punishment: Robbery is always a felony and a "strike" offense. Penalties are severe, ranging from 2 to 9 years in state prison, with enhancements for weapon use or injury.

The difference between robbery and theft is the crucial element of force or fear. If you walk into a store and quietly take an item, it's theft. If you threaten the cashier to get the item, it's robbery. The difference between robbery and larceny is similar; larceny is another term for theft, which lacks the force/fear element of robbery.

Allegations of theft, burglary, or robbery can have devastating impacts on your life, including substantial fines, incarceration, and a permanent criminal record. 

If you are facing any property crime charges, whether it's petty theft or a felony grand theft in California, it is imperative to secure experienced legal representation immediately. A skilled criminal defense attorney can:

• Analyze the specifics of your case, including the alleged value of property and the presence of intent.
• Challenge the evidence presented by the prosecution.
• Negotiate for reduced charges, such as a misdemeanor instead of a felony.
• Develop a strategic defense to protect your rights and freedom.

Don't face these serious accusations alone. Contact Poseidon Defense APC today for a confidential consultation. Your effective defense starts here.