Theft Cases

San Jose Theft Crime Lawyer

Understanding California Petty & Grand Theft Laws

In California, theft is defined as intentionally and unlawfully taking another’s person’s property with the intent to permanently deprive the owner of it. You can be charged with petty or grand theft depending upon the value of the property that was allegedly stolen. The penalties vary with the type of charge and, there may be civil as well as criminal penalties.

  • Petty Theft in California - California theft law determines whether you are charged with petty or grand theft according to the reasonable and fair market value of the property stolen or services not paid for. Petty theft applies to property valued at less than $950. If you have no prior theft conviction, you may be charged with an infraction or misdemeanor and sentenced to up to six months in jail and/or fined up to $1,000.
  • Grand Theft Charges - Taking property valued at $950 or more is charged as grand theft. If you allegedly stole a vehicle, firearms or livestock, you will be charged with grand theft no matter what the actual value of the property is determined to be. Other circumstances may exist that allow a prosecutor to charge what seems like petty theft as a felony grand theft. Depending on the type of property and its value, if convicted, you can be sentenced to up to three years in prison and a hefty fine may also be imposed.

If you or a loved one is facing theft charges in San Jose or Santa Clara County, contact Steven H. Nakano, Attorney at Law today to discuss your legal options and protect your rights. 

Commonly Asked Questions

What are the potential consequences of a petty theft charge in San Jose?

In San Jose, if you are charged with petty theft, which involves property valued at less than $950, the consequences can vary based on your criminal history. If this is your first offense, you may face an infraction or misdemeanor charge, which could result in up to six months in jail and/or a fine of up to $1,000. However, repeat offenses or other aggravating factors can lead to more severe penalties. It's crucial to understand the implications of a petty theft charge and seek legal guidance to navigate the legal process effectively.

How does California law differentiate between petty theft and grand theft?

California law distinguishes between petty theft and grand theft primarily based on the value of the property involved. Petty theft applies to items valued at less than $950, while grand theft is charged when the value is $950 or more. Additionally, certain items, such as vehicles, firearms, or livestock, are automatically classified as grand theft regardless of their value. Understanding these distinctions is essential for anyone facing theft charges, as the penalties and legal strategies can differ significantly between the two types of theft.

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Not Guilty Gross Vehicular Manslaughter
  • Dismissed at Preliminary Examination 22 Felony Fraud Counts
  • Life Sentence Overturned Armed Robbery
  • Dismissed Drug Crime
  • Dismissed Burglary/Theft
  • Not Guilty Stabbing

Types of Theft Related Offenses

Theft charges can be daunting and life-changing. If convicted, you will have a criminal record that will stay with you the rest of your life. There may be defenses available to you. You may have thought you had a legal right to the property or you intended to return the property to the owner.

There are other offenses under California law that are related to theft, but are charged under separate statutes and carry penalties specific to each offense:

  • Obtaining credit fraudulently.
  • Failing to return books to the library.
  • Selling or unlawfully giving your debit or credit card to another person.
  • Lying about items you are selling to a pawnbroker.
  • Using another person’s credit history in order to secure property or services.
  • Fraud offenses in general.
  • Identity theft.

Steven H. Nakano is a San Jose theft attorney who services clients in all surrounding counties as well as the Greater San Francisco Bay area. He has nearly 35 years of experience as a criminal defense attorney and began his career as a Deputy Public Defender.

He knows how to negotiate with prosecutors in order to have charges reduced or dismissed or the punishment mitigated. If negotiations are not in your best interest, he will be fully prepared to vigorously represent you at trial.

Do not hesitate to call us today at (844) 983-3011 to let our firm fight for you. 

  • "If I could leave 10 stars I would. He led me to the path of recovery."
    Steven Nakano saved my life! He is the kindest, most honest attorney I've ever met in my entire life. He relentlessly fought for me and his level of professionalism was impeccable.
    - Dan B.
  • "Steve went out of his way to help my son far beyond the courtroom."
    Steve is an excellent attorney and an amazing person. He has a solid tool chest of life experiences and was able to connect with my son, provide guidance where I couldn't, and as a result became somewhat of a mentor.
    - Tim O.

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