THEFT CRIMES

Below you will find a list of some of the most common theft crimes.  All references are to the California Penal Code (PC) and Vehicle Code (VC).  Click on each crime to learn more about their definitions, penalties, and how Jennifer Monroe can help you.

The summary is intended to give you an overview of what you may be facing, but does not include all of the consequences and potential defenses.  Please contact Jennifer Monroe directly for more information about the crimes listed.

Jennifer Monroe has personally handled all of the crimes listed below.  If you have trouble locating a crime below, please contact Jennifer Monroe directly, she has likely handled that crime before and can help you.

Auto Theft   /   Driving a Stolen Vehicle    /   Possession of Stolen Vehicle  
- PC 487, VC 10851, PC 496

These three crimes are often charged together.  The prosecutor can charge you with stealing the car, and driving and possessing the car you know is stolen. 

Each of these crimes are a felony but may be reduced to a misdemeanor by the judge or prosecutor. Each of these crimes is punishable up to 3 years in state prison.  You will also be responsible to pay restitution for the cost of any damage you caused the victim’s car.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Burglary – PC 459

Burglary requires that you entered a house, store, or any structure with the intent to steal or commit another felony offense. 

Burglary is a felony but may be reduced to a misdemeanor by the judge or prosecutor.  Burglary is punishable up to six years in state prison.   The court will also usually require a protective order restraining you from the victim and location.  The court will also require you to pay restitution to the victim for damages or losses.

You may be eligible for a dismissal or lesser charge that qualifies you for, diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Embezzlement  /  Employee Theft  – PC 484, 487, 503

Embezzlement is a form of theft and is commonly known as employee theft.  This type of theft requires the fraudulent appropriation of property (real, personal, or money) from an employer or someone who entrusted the property with you. 

This type of theft is prosecuted as a misdemeanor if the loss is under $400 to the victim.  If the loss is greater than $400 during a 12 month period then the theft is prosecuted as a felony, but may be reduced to a misdemeanor by the judge or prosecutor.

A misdemeanor violation of this type of theft is punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees.  After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000. 

A felony violation is punishable by up to 3 years in state prison and or a $10,000 fine plus mandatory penalty assessments and fees depending on the type of theft.

The court will also order a restraining order and restitution.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Identity Theft

Identity theft is the newest form of theft and can manifest itself in the form of false personation, credit card fraud, forgery, and theft by false pretenses to name just a few examples.  The law is constantly changing to keep up with the new wave in identity theft crime.  Please contact Jennifer Monroe to review the facts of your case to determine what consequences you may face.

Most identity theft crimes are felonies and punishable by state prison and large fines.

The law is constantly changing to keep up with the new wave in identity theft crime.  Please contact Jennifer Monroe to review the facts of your case to determine what consequences you may face.  You may be eligible for a dismissal or lesser charge that qualifies you for diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Petty Theft  /  Petty Theft with Priors  - PC 490.1, 484, 666

Petty Theft requires taking or stealing the personal property of another. 

• If the amount taken is $50 or less then the prosecutor can file a misdemeanor or an infraction.  Most infractions are punishable by up to a $250 fine that could cost almost a $1,000 after mandatory penalty assessments and fees. 

• If the amount taken is $400 or less then it is considered petty theft and a misdemeanor.  A misdemeanor violation of petty theft punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees.  After mandatory penalty assessments and fees a $1,000 fine could cost you almost $4,000. 

• If you have prior theft convictions of any kind then it is considered petty theft with a prior and a felony but may be reduced to a misdemeanor by the judge or prosecutor. A felony of petty theft with a prior is punishable up to 3 years in state prison.

The court will also order a restraining order from the location or victim and restitution in theft cases.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Possession  or Use of a Credit Card w/o Consent – PC 484, 530.5

Possession with the intent to use or actual use of someone else’s credit card or credit card information can be prosecuted as a misdemeanor or a felony.

A misdemeanor violation of this type of crime is punishable up to a year in local jail and or a fine up to $1,500 plus mandatory penalty assessments and fees.  After mandatory penalty assessments and fees a $1,000 fine could cost you almost $5,000. 

A felony violation of this type of crime is punishable up to 3 years in state prison and or a fine up to $10,000 which could be substantial after mandatory penalty assessments and fees.

You may be eligible for a dismissal or lesser charge that qualifies you for diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Possession of Stolen Property  - PC 496 

Possession of Stolen Property requires buying or receiving any property that has been stolen and concealing that property from the rightful owner.

Possession of Stolen Property is a felony but may be reduced to a misdemeanor by the judge or prosecutor.

Possession of Stolen Property is punishable up to 3 years in state prison.

You may be eligible for a dismissal, diversion, probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.

Robbery – PC 211

Robbery requires stealing or taking the personal property of another by force from his or her person or immediate presence.

Robbery is a felony and punishable up to 6 years in state prison.

You may be eligible for a dismissal or lesser charge that qualifies you for probation, or community service instead of county jail or state prison.  Jennifer Monroe will meet with you to review your case and your background.  She will also:

• Fight to protect your rights.
• Research the defenses that apply to your case.
• Review the facts with you to determine if a lesser charge is appropriate. 
• Present mitigating factors about you and your case to the judge and prosecutor.
• Negotiate the best possible result for your case.