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Step 1: The ArrestDon’t let the police take advantage of you while you’re in custody. Call Walsh Law right away, and we’ll get to work protecting your rights so you don’t inadvertently self-incriminate. -
Step 2: The ArraignmentWalsh Law is an aggressive Folsom criminal defense firm that can argue for reasonable bail and help you await the end of your case from the comfort of your home. -
Step 3: Pre-Trial HearingsWe’ll evaluate the prosecution’s case, challenge weak evidence and inconsistencies, and do our due diligence to get the charges against you reduced or dropped.
Roseville Theft Defense Lawyer
If you have been arrested, cited, or contacted about a theft accusation in Roseville, you are likely worried about what this means for your future. A moment at a store, a dispute at work, or a misunderstanding about property can suddenly turn into criminal charges. We understand how stressful, embarrassing, and confusing that feels.
At Walsh Law, we regularly help people accused of theft and related property crimes in Placer County. Our firm is led by Chris Walsh, a former Chief Assistant District Attorney and homicide prosecutor with more than 19 years in criminal law and over 100 jury trials. We use that background to evaluate the case against you and build a strategy tailored to your situation.
Call (916) 610-3558 to talk with our team today.
What is Theft in California?
Under California law, theft generally involves unlawfully taking someone else’s property with the intent to permanently deprive them of it. Theft crimes are codified under various sections of the California Penal Code and can apply to a wide range of conduct—from shoplifting to embezzlement.
To secure a conviction, prosecutors must typically prove:
- You took possession of property owned by someone else
- You did so without the owner’s consent
- You intended to permanently deprive the owner of the property
- You moved the property, even slightly
Even if the value of the property is small, a conviction can still result in criminal penalties and a permanent record. That’s why it’s essential to consult with a skilled defense attorney as soon as possible.
Petty vs Grand Theft
One of the most important distinctions in California theft law is the difference between petty theft and grand theft. The classification largely depends on the value and type of property involved.
Petty Theft
Petty theft typically involves property valued at $950 or less. This offense is usually charged as a misdemeanor and may include:
- Shoplifting items from a store
- Stealing low-value personal property
- Minor theft offenses without aggravating circumstances
Penalties for petty theft may include:
- Up to 6 months in county jail
- Fines up to $1,000
- Probation
- Community service
Grand Theft
Grand theft applies when the value of the stolen property exceeds $950, or when certain types of property are involved (such as firearms or vehicles).
Grand theft can be charged as either a misdemeanor or a felony, depending on the circumstances and your criminal history. Potential penalties include:
- Up to 3 years in county jail (or more for felony charges)
- Higher fines
- Formal probation
- A permanent felony record
Our Roseville theft defense attorney from Walsh Law can evaluate your case and work to reduce or dismiss charges whenever possible.
Common Theft Offenses
Theft crimes in Roseville can take many forms. Some of the most commonly charged offenses include:
- Shoplifting: Entering a business during regular hours with the intent to steal merchandise valued at $950 or less.
- Burglary: Entering a structure with the intent to commit theft or any felony. This charge can apply even if no property was actually taken.
- Robbery: Taking property directly from another person using force or fear. This is a serious felony offense that carries significant prison time.
- Embezzlement: Misappropriating funds or property entrusted to you, often in a workplace or financial setting.
- Receiving Stolen Property: Knowingly buying, receiving, or possessing property that has been stolen.
- Auto Theft: Unlawfully taking or driving someone else’s vehicle without permission.
Each of these offenses carries unique legal elements and penalties. Our team can identify weaknesses in the prosecution’s case and build a tailored defense strategy.
Legal Defenses to Theft Charges
Being charged with theft does not mean you are guilty. There are several legal defenses that may apply to your case, including:
- Lack of Intent: You did not intend to permanently deprive the owner of the property
- Mistaken Identity: You were wrongly identified as the perpetrator
- Claim of Right: You believed you had a legal right to the property
- Consent: The owner gave you permission to take or use the property
- Insufficient Evidence: The prosecution cannot prove the elements of the crime beyond a reasonable doubt
At Walsh Law, we carefully analyze every detail of your case to determine the most effective defense approach.
Theft FAQs
What should I do if I’m accused of theft?
Remain calm and avoid making statements to law enforcement without an attorney present. Contact a Roseville theft crime lawyer as soon as possible to protect your rights.
What if I was accused of theft but I intended to return the item?
If you can prove you had a good-faith intent to return the property at the time of taking, it may serve as a defense. However, returning the item after you are caught is not a defense, though it may help in plea negotiations.
Can theft charges be dropped or reduced?
Yes, depending on the evidence and circumstances, charges may be reduced or dismissed. A skilled attorney can negotiate with prosecutors or challenge the case in court.
Will I go to jail for petty theft?
Not necessarily. Many first-time offenders may be eligible for alternatives such as probation, diversion programs, or community service.
How long does a theft case take?
The timeline varies depending on the complexity of the case, court schedules, and whether the case goes to trial.
Can a theft conviction be expunged?
In many cases, yes. If you successfully complete probation, you may be eligible to have your conviction expunged, which can improve your future opportunities.
Why Our Theft Defense Matters
A theft conviction is about much more than fines or a short-term penalty. It can follow you every time an employer runs a background check, when you apply for housing, or when you seek a professional license. Even a misdemeanor can raise questions about trustworthiness and honesty that affect your livelihood for years.
In Placer County, prosecutors take theft cases seriously, particularly when there are prior convictions, accusations of employee theft, or higher dollar amounts. As a former Chief Assistant District Attorney, Chris Walsh has seen how these cases are reviewed, charged, and negotiated from the inside. We use that insight to assess how the District Attorney’s Office might view your case and to identify opportunities for reduction or dismissal when the facts and law allow.
To get started on your defense, contact our firm today.
Values You Can Relate To
Client Testimonials
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“I am always able to get ahold of him directly either by cell or text including after hours and if for some reason he isn’t immediately available, he responds as soon as he can.”- Melissa C.
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“He was compassionate and explained to me what to expect in an easy way for me to understand. He was straightforward and delivered on what he said he could do for me!”- Claudia H.
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“I was in a bit of a situation and public defenders weren’t doing anything to help my case as if they didn’t have time. Which they don’t, but Chris Walsh did and came up with a few methods to fight my case.”- Dewan P.