Theft crimes defense lawyer Joseph W. Galasso has been defending those charged with theft crimes for 20 years! California law defines theft as the unlawful taking of someone else’s property with the intent of keeping it permanently, but also as fraudulently taking property that has been entrusted to you; defrauding someone using false representations or pretense; taking property by false premises; larceny; embezzlement; and larceny by trick and device (pc § 484).
If you, or a loved one has been charged with a theft crime, you need an experienced Riverside County theft crimes defense attorney who will fight for your legal rights. Joseph W. Galasso can help you. Joseph invites you to call him personally at (951) 225-4130 for a FREE consultation.
Property can include credit or services as well as physical objects. Identity theft; failing to return something you’ve rented or leased; taking money to do a job and then not doing it; or finding something and not returning it when the owner can be identified are all considered forms of theft.
Grand Theft vs. Petty Theft
California law divides theft crimes into two categories, grand theft (pc § 487) and petty theft (pc § 488). In most cases, prosecutors must show that the value of the things stolen is $400 or greater in order to file felony grand theft charges. Important exceptions are the theft of a firearm and theft of something that was carried on the person of another, both of which qualify as felony grand theft regardless of the value of the things taken. A Riverside County theft crimes defense lawyer can approach the prosecutor with your side of the story to get charges dismissed or reduced.
Grand theft is punishable by up to one year in jail or a state prison sentence of 16 months, 2 years or three years in prison. Grand theft of amounts over $50,000 carries an additional punishment of one to two additional years in prison.
California Penal Code § 484 : California Code – Section 484
Penal Code Section 484: (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
(b)(1)Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
(2)Except as provided in Section 10855 of the Vehicle Code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
(c)Notwithstanding the provisions of subdivision (b), if one presents with criminal intent identification which bears a false or fictitious name or address for the purpose of obtaining the lease or rental of the personal property of another, the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required.
(d)The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence.
(e)Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand, the presumption created by subdivision (b) shall not apply.
Don’t plead guilty or no contest because it seems quicker and easier. A criminal charge can harm your current and future employment and stay with you forever. Joseph W. Galasso, a skilled Riverside County theft crimes defense attorney, will work to get your theft charges set aside or reduced to a lesser charge.
California Penal Code § 487 Grand Theft
Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases: (1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). (3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period. (c) When the property is taken from the person of another. (d) When the property taken is any of the following: (1) An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.
Contact Riverside County Theft Crimes Defense Lawyer Joseph W. Galasso
When facing theft crimes charges, you will need and experienced Riverside County theft crimes defense attorney. Joseph W. Galasso has 20 years of criminal courtroom experience. Joseph is a theft crimes defense lawyer who knows the system, the prosecutors, the judges, and the law. Joseph is in a courtroom almost every day in Riverside County – in person or participating in court hearings via Zoom. Joseph has the experience and dedication you need when charged with a theft crime. He is dedicated to achieving the best possible results for your case and will help you through this stressful time.
Call Joseph W. Galasso for your FREE consultation now at (951) 225-4130 or complete the online form to schedule an appointment with a caring and compassionate attorney who will carefully listen to your story and help you strategize on how to get your charged reduced, dismissed or a settlement negotiated that is far better than pleading guilty.