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Some of the most common offenses that Oakland’s criminal courts charge people with is theft. However, theft is far from a one-dimensional allegation. Depending on the type and value of the items allegedly taken, theft can be a minor incident or a serious crime.

If you are currently facing theft charges, an Oakland theft lawyer may be able to help by ensuring you understand the law as it applies to your case. Furthermore, a defense attorney could work to develop a strategy designed to protect your rights and freedoms both in and out of court. En Español.

Theft Crimes Under Oakland Law

California’s laws concerning theft are fairly straightforward. California Penal Code §484 states that it is illegal for any person to steal, take, carry away, or otherwise misappropriate the property of another person. This broad definition encompasses most ways that a person could potentially steal something, including:

Where California’s law becomes complicated is in determining the severity of an alleged theft crime. The main factor in this determination is the value of the items allegedly taken. To make this determination, the court takes the aggregate value of all the money or property taken during the theft.

Potential Penalties for a Theft Conviction

Most thefts are labeled as petty theft under Cal. Pen. Code §488. This applies to the majority of thefts of property valued under $950. A conviction here may be punished by a jail term of no more than six months, a fine of no more than $1,000, or both.

The other class of theft in California is known as grand theft, a denotation which applies to all thefts valued at more than $950. According to Cal. Pen. Code §487, this could also include the theft of:

  • Fruits, vegetables, or other produce valued at over $250
  • An automobile
  • A firearm
  • Livestock
  • Real estate valued at over $250

The penalties for a grand theft are far more serious than those for petty theft. Under Cal. Pen. Code §489, most grand theft may be punished by up to one year’s imprisonment. However, the theft of any firearm results in a mandatory minimum prison sentence of 16 months up to a maximum of three years. A theft lawyer in Oakland could attempt to mitigate the penalties that an individual may face.

Collateral Consequences

In addition to any criminal punishment for a theft conviction, the court may also require a guilty person to pay restitution to the property’s owner. In fact, criminal theft cases cannot be closed until the restitution is fully paid. Even in instances where a person pleads guilty or no contest to allegations of theft, part of their probation typically includes an order to pay restitution.

Talking to an Oakland Theft Attorney

No matter the type of theft you allegedly committed, an Oakland theft lawyer may be able to help. Your personal attorney could work to examine the strength of the prosecutor’s case, evaluate it against your goals, and develop a strategy to give you the best chance of success.

Whether your goal is to come to a fair plea deal to avoid jail time or to fight the charges with a full trial, an Oakland theft attorney could work to protect your rights and advocate on your behalf. Schedule a consultation to discuss your case by calling a local attorney today.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

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When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

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