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Theft: Petty Theft, Grand Theft, Robbery, Burglary

  • Penal Code section PC 459
  • Penal Code section PC 211
  • Penal Code section PC 470
  • Penal Code section PC 484
  • Penal Code section PC 487
  • Penal Code section PC 496
  • Vehicle Code section VC 10851

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Petty Theft

Commercial burglary also called shoplifting is the act of stealing merchandise or property from a retail establishment. Shoplifting is among the most common arrests for police, and one of the most common crimes seen in the courts. While most shoplifting is done by amateurs there are individuals and even groups who shoplift for a living. Shoplifting has a tremendous impact on the bottom line of retailers who report that around 0.6% of their inventory disappears from their shelves as a direct result of shoplifters.

Petty theft of this kind is such a problem that it accounts for up to 30.6% of business shrinkage reported by small and medium sized businesses. Bail amounts for shoplifters are generally fairly low, but they can vary depending on the value of the stolen merchandise and whether or not the defendant has any prior arrests. Regardless of the amount, Love Bail Bonds Company is available to provide bail bond assistance if you or a family member have been arrested for shoplifting.
PC 459 Theft / Burglary / Robbery Bail Bonds

Burglary is a crime that is always coupled with another crime. Burglary occurs when a person enters any house, room, apartment, shop, warehouse, store, tent, or floating home among other dwellings and storage facilities with the intent to commit petty or grand theft or to commit another felony. Therefore, one who enters a house without the intent to steal or commit a felony is not guilty of burglary.

There are two forms of burglary, burglary in the first degree and burglary in the second degree. Any burglary of an inhabited dwelling is considered burglary in the first degree, while any other burglary is of the second degree. This means that robbing a person’s home is first degree but robbing a cargo container (unless someone lives in it) is burglary of the second degree.

Robbery is a combination of assault and theft. It is the felonious taking of personal property in the possession of another, from his or here person or immediate presence, and against his or her will, accomplished by means of force or fear.

A person may be guilty of forgery if that person signs the name of another person on a document, without that person’s authority. The person also has to sign the document with the intent to defraud or steal. Forgery can also occur when a person makes false identification cards or other fake documents.

Fraud is crime that requires deceit on the part of the person charged. There are all sorts of frauds, ranging from business and insurance fraud to defrauding a government agency by getting involved in worker’s compensation fraud and welfare fraud.
Identity theft is a crime that has seen some publicity of late. People have so much information floating around on the Internet that it has created an incentive for others to steal that information and use it to obtain credit, phones, or almost anything else.

If you have a friend or loved one who has been accused of any theft related charge, it would be very wise to bail them out so they can fight their case. A conviction for one of these charges, unlike many other convictions, will haunt them indefinitely as they seek employment and move through life. Call us toll free to discuss bail bonds and bail related issues.

PC 459

Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, “inhabited” means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.

PC 211

Commonly referred to as Robbery this is the most serious of all theft offenses. Robbery is divided into First or Second Degree. First Degree Robbery is punishable by 3, 4 or 6 years in state prison if the accused is acting alone. If two or more persons are charged with First Degree Robbery, the punishment increases to 3, 6 or 9 years in state prison.Second Degree Robbery carries a potential prison sentence of 2, 3 or 5 years.

NOTE: If a weapon or firearm is alleged to have been used in the commission of the robbery, the amount of prison time increases significantly.

NOTE: All robberies, regardless of degree are Strikes under California Three Strikes Law.

PC 470

Referred to as Forgery, this theft offense is known as a wobbler in that it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor the maximum punishment is one year in county jail. If charged as a felony the maximum punishment is state prison.

PC 484

Commonly referred to as Petty Theft, this common theft offense may be charged as an infraction (PC 490.1; a Non-Criminal Offense) or a misdemeanor. Typically, if the value of the cash or property taken is less than $50, than it will be charged as an infraction. If the value of the cash or property is less than $400 but more than $50, than it will be charged as a misdemeanor.

IMPORTANT NOTE: A PC 484 can be elevated to a felony if the accused person has any prior theft offense convictions.

PC 487

Commonly referred to as Grand Theft, this common theft offense may be charged as either a misdemeanor or a felony. The maximum punishment if charged as a misdemeanor is one year in county jail. The maximum punishment if charged as a felony is 3 years in state prison.

PC 496

Known as Receiving Stolen Property, this type of theft crime is a wobbler and can be charged as either a misdemeanor or a felony. Generally, if the value of the stolen property is less than $400 it is usually charged as a misdemeanor and the maximum punishment is one year in county jail. If the value of the stolen property is $400 or more, it is usually charged as a felony and the maximum punishment is 16 months, 2 years or 3 years in state prison.

VC 10851

Known as Grand Theft Auto, this common theft offense is a wobbler and can be charged as either a misdemeanor or a felony. If charged as a misdemeanor the maximum punishment is one year in county jail. If charged as a felony the maximum punishment is state prison.