Penal Code 484 Theft PC
Although PC 484 is now an umbrella term, there are types of theft within it. The most common crime under this is theft by larceny, which includes petty theft and grand theft. To be convicted the elements below must be satisfied.
1. The defendant took possession of property owned by someone else;
2. The defendant took the property without the owner’s [or owner’s agent’s] consent;
3. When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property);
Example: If Darin takes a pen from Victor but intends to return it then this is not a larceny.
4. The defendant moved the property, even a small distance,
and kept it for any period of time, however brief. An agent is someone to whom the owner has given complete or partial authority and control over the owner’s property. For petty theft, the property taken can be of any value, no matter how slight.
Example: If Darin picks up a watch that is lying on a blanket and moves only the slightest bit, this will qualify to meet this element. But, if he picked up the item looked at it, did not move and put it down, then this element would not likely be met.
Grand Theft is merchandise over $950 (can use a fair market value standard), or fruits and nuts, fish or agricultural products worth more than $250.
This offense is a wobbler, which means it can be charged either as a misdemeanor or a felony depending on surrounding circumstances and the prosecutors discretion.
Identity theft is one of the fastest growing forms of theft and fraud in America today. Here in California, San Diego criminal defense lawyers are seeing more and more need for identity theft conviction defense. If you have been convicted of identity theft, you need the expert help of Bradley R. Corbett.
Identity theft is just as basic as it sounds: taking another person’s identity or identifying information to be used in an unlawful or fraudulent way. Thanks to new technologies like the Internet, it is now more possible than ever to be charged with identity theft.
A good San Diego identity theft attorney will be able to work with you to build a defense that will secure the best possible outcome. When it comes to identity theft, there are three main defenses:
- The information wasn’t used in connection with an unlawful purpose
- There wasn’t any criminal intent
- You were falsely accused or the victim of mistaken identity
Don’t face the penalties that a possible identity theft conviction can carry alone. Without the expert help of a knowledgeable criminal defense lawyer, you could be facing fines of up to $10,000 and 1-3 years in jail or more. Because of the complexity of both state and federal laws, you could even face up to 30 years in a federal prison.
Don’t take that chance! Visit the Law Offices of Bradley R. Corbett today for a free consultation regarding your identity theft case. Our team of legal experts will help guide you through the process and strive to provide you with the best possible outcome. Call today!