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Telephone: (619) 232-5122

Criminal Defense Attorney Domenic Lombardo Explains Theft Charges

If you’ve come into possession of property belonging to another person and you’re accused of stealing that property, you should be aware that you can still face criminal charges even if that property is returned. Under California law, the crime of theft is complete once an individual takes property with the intent to steal. Once that property has been moved, that is the crime, so returning the property won’t get you off the hook. If you’re facing criminal charges under circumstances where the property’s already been returned, we would seek to advantage you by using that as a demonstration of your remorse, your understanding that the complaining witness needs to be made whole, and this is a substantial factor in mitigation that the court can consider at your sentencing. Finally, it may be a factor that the court can consider in terms of reducing not only the sentence but the charge from a felony – if it’s charged that way – to a misdemeanor.

Under California law, a felony is punishable by imprisonment in state prison or in the county jail for up to one year. A misdemeanor is not punishable by imprisonment in state prison. A misdemeanor is only punishable in county jail, so the distinction between a felony and a misdemeanor primarily has to do with the potential consequences. Any criminal conviction will be documented in not only the court records but within the California Department of Justice database. That database is shared with a national database that is accessible by law enforcement. California does have a process that allows an individual to withdraw their guilty plea upon successful completion of probation. We also have a process for felonies where an individual can obtain a certificate of rehabilitation (COR) or governor’s pardon. So, the question “Will this remain on my record?” is yes, it will remain on your record for many purposes even if you’ve obtained an expungement.

“Am I facing time in jail?” The question of how much jail time, if any, an individual is facing is usually a product of multiple variables. Between the time of any conviction and the time of sentencing a whole host of things can be accomplished to demonstrate to the judge that the maximum time should not even be a question and really what we should be concerned with is whether or not any time should be served at all.

A free and confidential consultation with Mr. Lombardo is available upon request at (619) 232-5122.

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Wrongful Intent

There are many types of theft and white collar crimes, but there is a common denominator in all of them: the prosecution must prove wrongful intent, usually that the defendant acted with specific intent to unlawfully and permanently deprive a person or a business of possession of property.

For example, in a common scenario, where a defendant is accused of cashing a forged check drawn against the account of an elderly individual and valued at over $400, a number of felony charges are likely. In such a case, a California defendant may face charges including elder abuse, burglary, grand theft, check forgery, and possession of a forged check. The prosecution would have to prove wrongful intent to convict the defendant for any of the alleged crimes. Each of these allegations is therefore defensible provided the defendant can establish doubt as to his or her intent, that is, offer convincing evidence that he or she acted in good faith believing that the check was good and that he or she had a lawful claim to the money.

For more information on theft crimes in California, refer to our detailed guide, California Theft Crimes: Understanding the Offenses and Penalties. To learn more about white collar crimes, please read White Collar Crimes in California.

Does the Punishment Fit the Crime?

San Diego theft and white collar crimes generally have another common denominator: the severity of the crime alleged and the severity of punishment for any conviction is usually greatly influenced by the amount of the alleged loss. On the other hand, the ability to make restitution (pay back any alleged loss) can make a huge difference in every facet of the case. This would include whether the defendant may face any charges at all and the types of charges allowed in a plea agreement if charges are filed.

Settlement as an Option For White Collar Crimes

Crimes involving embezzlement, insurance fraud, workman’s compensation fraud, and alleged real estate scams are varied and have each their own set of complexities. All are obviously document intensive and can take years to unravel. Each type of crime is prosecuted separately by a different division with the District Attorney’s Office. The prosecutor in any particular case may have been assigned to the case from the beginning of the investigation and will have a definite attitude toward what it will take to resolve the matter. As the defense in such a case can take perhaps one year and the expenditure of an inordinate amount of time, energy and money, there are advantages to determining whether your case is the type that can and should settle quickly and with the goal of controlling the outcome as much as possible.

More About Theft and White Collar Crimes

For more information about theft and white collar crimes in California, the following related resources are available:

Get Help from a San Diego Theft and White Collar Crimes Attorney

If you are facing allegations of theft or white collar crimes, do not hesitate to contact Domenic J. Lombardo, an experienced San Diego theft and white collar crimes defense attorney. When you call, Mr. Lombardo will provide a roadmap on what to expect from the legal process as your case unfolds and explain exactly how we may establish a defense or mitigation of charges and punishment. Mr. Lombardo offers a free and confidential consultation in cases involving theft and white collar crimes in San Diego, Chula Vista, Coronado, Point Loma, Ocean Beach, Pacific Beach, La Jolla, University City, Kearney Mesa, North Park, Hillcrest, National City, Imperial Beach, San Ysidro, Lemon Grove, El Cajon, La Mesa, Spring Valley, La Presa, Lakeside, Santee, Poway, Escondido, San Marcos, Rancho Santa Fe, Encinitas, Del Mar, Solana Beach, Carlsbad, Oceanside, Vista, Fallbrook and throughout San Diego County and the state of California.

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Theft and White Collar Crimes