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Fresno Theft Crimes Attorney

Larceny Penal Codes in California

Larceny/theft is the general act of relieving an individual of their property with intention & permanently. Under California Penal Code 484 & up larceny/theft includes embezzlement, shoplifting, purse-snatching, fraud (including welfare fraud), looting, robbery, burglary & more.

These crimes involve the taking of property from another person, with the intent to permanently deprive them of their property:

  • California Penal Code sections 484 (general larceny/theft statute), 486 (difference between petty theft and grand theft), 487 (grand theft), 488 (petty theft), 489 (punishment for grand theft), and 490 (punishment for petty theft) deal with the basic larceny/theft crimes.
  • Burglaries are covered by Penal Code sections 459 (defining burglary) and 460 (degrees of burglary). Proposition 47 created the new code section, Penal Code section 459.5, which now covers shoplifting. Prior to Proposition 47, shoplifting, along with several other theft-related crimes, were charged as felonies.
  • Robbery, covered by Penal Code section 211 and 213, can be a first-degree crime punishable by up to six years in prison, or a second-degree crime with a maximum punishment of five years. What makes them different includes things like the location (inhabited dwelling, home, boat, or trailer where someone lives), the activity of the person being robbed (using or being near an ATM when robbed is first-degree robbery), or the status of the alleged victim (for example, a bus or taxi driver).

If you or a loved one has been charged with theft, robbery, home invasion, larceny, petty theft, or any related crime, contact a Fresno theft crimes attorney at (559) 540-8899 for a free, confidential consultation.

Different Types of Theft Crimes & Penalties in California

Sometimes people rob or commit burglaries in order to support self-medication needs, which can add the problem of drug crimes being charged. Other times weapons crimes may be charged, particularly if a gun was used in a robbery or home invasion.

Home invasion robberies are robberies that come with very serious consequences. Robbery, as you may know, always involves the use of force or fear to take something from someone. In California, home invasion is a form of first-degree robbery that includes the additional “elements”—or separate facts about a crime that must be present—that the robbery occurred inside an inhabited place and the robbery was committed by two or more people working together.

This can boost the maximum penalty from six years for the typical first-degree robbery to nine years. Home invasions also frequently include the use of guns and other weapons, which can potentially result in a term of life in prison.

While a home invasion robbery requires that you take something from someone inside an inhabited place through force or fear, a burglary does not require this. Burglaries are simply entering someone else’s place—in what might otherwise be a trespass—with the intention of committing some kind of a crime in the place.

Robberies and burglaries can be “strikes” under California law, while most other theft crimes such as embezzlement, shoplifting, or fraud are not.

Whether the crime is charged as a misdemeanor theft crime or a serious strike felony, if you’re facing these charges, you need a committed theft crimes attorney in Fresno who cares about what happens to you.

That’s why you should call our Fresno defense attorney at the Law Offices of Rick Horowitz right now at (559) 540-8899.

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