THEFT & FRAUD

THEFT/ FRAUD

PROVING YOUR INTENT OR IDENTITY

The majority of theft related offenses filed by the district attorney are typically misdemeanor shoplifting cases.  Unfortunately, any theft charge is a crime typically viewed with disfavor and should not to be taken lightly.  The good news you have many options.  The key element in most theft charges is proving your intent to steal, take, or deprive someone of their money or property.  In the event of a commercial or residential burglary the intent must be shown at the time of entering into the commercial establishment or home.   Often times the “intent” element is a gray area and may not be supported by the evidence.

Another weakness for the DA is proving the true identity of the person committing the theft.  If you are suspected of embezzling money from a business it is crucial to contact our office immediately!  Many things can be done to prevent the filing of criminal charges.  Reviewing all relevant evidence involving intent, DNA, fingerprint analysis, crime scene investigation, video’s, financial documents, photographs, and witness statements can lend itself to possibly reducing or eliminate these criminal charges.  Mr. Christl is well versed In identifying and exposing all issues related to theft offenses and will aggressively fight to prove the weakness in the DA’s case.

RELATED OFFENSES
PETTY THEFT - GRAND THEFT

Penal Code Section 484/488 (Petty Theft): Every person who shall 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 defraud any other person of money, labor or real or personal property, is guilty of theft.  Value taken is under $950.

Penal Code Section 487 (Grand Theft): When money, labor, or real or personal property taken is of value exceeding $950.

EMBEZZLEMENT

Penal Code Section 503: The fraudulent appropriation of property by a person to whom it has been entrusted.

BURGLARY (1st and 2nd Degree)

Penal Code Section 459 (a) and (b): Unlawful entry into a commercial building or residence with the intent to commit a felony or larceny therein.

VANDALISM

Penal Code Section 594(a) and (b): Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own.  When the amount of damage is over $400 it amounts to a felony offense.

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