As experienced criminal defense attorneys, we at Kosnett Law Firm know how California’s theft and burglary laws can impact our clients’ lives. Many people are surprised to learn that these crimes, often thought of as minor offenses, can be charged as felonies in certain circumstances. The consequences of a felony conviction can be life-altering, including significant fines, a permanent criminal record, and long prison sentences. It is crucial for anyone facing theft or burglary charges to understand the factors that can elevate these offenses to felonies. In this post, we look into the factors that determine when theft or burglary crosses the line from a misdemeanor to a felony.
Theft and Burglary in California
Before we examine the specifics of felony charges, let us clarify what constitutes theft and burglary under California law. Theft, also known as larceny, involves taking someone else’s property without their consent and with the intent to deprive them of it permanently. This can include a wide range of actions, from shoplifting and pickpocketing to embezzlement and fraud. The key elements are the unlawful taking of property and the intent to keep it.
Burglary, on the other hand, is entering a structure with the intent to commit a crime inside, whether or not a theft actually occurs. The structure can be any building, room, or even a locked vehicle. The crime the perpetrator intends to commit does not have to be theft; it could be assault, vandalism, or any other offense. Burglary is more about the unlawful entry with criminal intent than the actual completion of a crime.
The Felony Threshold for Theft
In California, the severity of a theft charge depends primarily on the value of the stolen property. As of 2024, theft is considered a felony if the value of the stolen goods exceeds $950. This means that stealing a high-end smartphone, for example, could result in a felony charge, while shoplifting a less expensive item might be a misdemeanor. However, there are exceptions to this rule. Certain types of property, such as firearms or cars, can elevate a theft to a felony regardless of their monetary value. Additionally, if someone has prior convictions for theft or other crimes, even a relatively low-value theft could be charged as a felony.
Aggravating Factors in Burglary Cases
With burglary, the felony determination is less about the value of any stolen items and more about the circumstances of the crime. First-degree burglary, which is always a felony, involves going into an occupied dwelling with criminal intent. The residence does not need to be occupied at the time of the offense for it to be considered first-degree burglary.
Second-degree burglary applies to unlawful entry into any other type of structure, like a store or office building. This offense can be charged as either a misdemeanor or a felony at the prosecutor’s discretion. Factors that might lead to a felony charge include:
- A significant amount of property damage
- The use of weapons or threats of violence
- The defendant’s criminal history
- The vulnerability of any victims (e.g., elderly or disabled individuals)
Penalties for Felony Theft and Burglary
The consequences of a felony conviction can be severe. For felony theft, the potential penalties include:
- Imprisonment for up to three years
- Fines of up to $10,000
- Formal probation
- Restitution to the victim
First-degree burglary carries even steeper punishments:
- Imprisonment for 2, 4, or 6 years
- Fines of up to $10,000
- Formal probation
- Restitution to the victim
- A “strike” under California’s Three Strikes Law
The exact sentence in a given case will depend on the specific facts of the crime and the defendant’s background.
Defending Against Felony Charges
If you find yourself facing felony theft or burglary charges, it is crucial to have a skilled defense attorney on your side. At Kosnett Law Firm, we carefully investigate each case to identify weaknesses in the prosecution’s evidence and develop strategies to fight for the best possible outcome. Some common defenses include:
- Challenging the alleged value of the stolen property
- Arguing that the defendant lacked criminal intent
- Presenting evidence of mistaken identity or false accusations
- Negotiating for reduced charges or alternative sentences, such as restitution or rehabilitation programs
Get Legal Counsel Today
Dealing with California’s theft and burglary laws can be daunting, especially when the stakes are as high as they are in felony cases. If you have been charged with a theft or burglary offense, do not hesitate to seek experienced legal representation. At Kosnett Law Firm, we are committed to protecting our client’s rights and achieving favorable results in even the toughest of cases.
