Theft Charges

Robbery is the taking of personal property from a person against their will by means of fear or force. Robbery is a felony that is divided into two degrees. First degree robbery is the unlawful taking of property through force or intimidation in an inhabited home. Second degree robbery takes place when the robbery DOES NOT take place in an inhabited home.

Possible punishment(s) for first degree robbery:

• State prison sentence of 3-9

Possible punishment(s) for second degree robbery:

• State prison sentence of 2-5 years

Auto theft is the intentional stealing of a motor vehicle. Since most vehicles cost over $950, auto or car theft is usually grand theft auto. Due to the nature of the crime, it is nearly always charged as a felony. If the “vehicle” in question was a small trailer attached to another vehicle, it can be charged as a misdemeanor.

Punishment(s) for auto theft:

• Up to 4 years county jail
• Up to $10,000 in fines

There are two categories of burglary; (1) commercial burglary and (2) residential burglary. Commercial burglary may occur if the defendant enters a commercial establishment with the specific intent to commit a theft. Commercial burglary is considered second degree burglary. Residential burglary is the entering of a home, apartment, or place of residence with the intent to commit theft. Residential burglary is charged as first degree burglary.

Possible punishment(s) for first degree burglary:

• Felony charge
• Probation depending on the circumstances
• 2-6 years in California State Prison
• Fines up to $10,000

Possible punishment(s) for second degree burglary:

• Felony or misdemeanor charge depending on the circumstances
• Probation depending on the circumstances
• 1-3 years of jail time
• Fines up to $1,000

Identity theft is when the accused steals someone else’s personal information to use as their own. There are different types of identity theft. These different types of identity theft include Financial Identity Theft, Driver’s License Identity Theft, Criminal Identity Theft, Social Security Identity Theft, Medical Identity Theft, Insurance Identity Theft, Child Identity Theft, Synthetic Identity Theft, and so on.

Possible punishment(s) for identity theft:

• Misdemeanor or felony charge
• Sentence of up to 1 year in county jail (misdemeanor)
• State prison sentence of 3 years (felony)
• Up to $1,000 in fines (misdemeanor)
• Up to $10,000 in fines (felony)

Shoplifting is not a legal term. When shoplifting occurs, the prosecutor will charge the accused with either grand theft or petty theft and commercial burglary. This means that shoplifting can result in either a misdemeanor or a felony. Typically, a first-time offender will receive probation, and a few days in jail. If the accused has prior offenses, shoplifting could be charged as a felony.

Possible punishment(s) for shoplifting:

• Misdemeanor or felony charge
• Between $50-$1,000 in fines
• Up to 6 months in county jail
• Jail time could be longer under certain circumstances

Embezzlement is a white collar crime that can be punished by state and federal law. It is the act of theft through misappropriating the funds placed in the trust of the accused. These funds could belong to an employer, a company, or its investors. A micro example is a cashier at a retail store who pockets money intended for the cash register. A macro example is a management level executive who fraudulently misappropriates large amounts of the company’s money.

Possible punishment(s) for embezzlement:

• Misdemeanor or felony charge
• Between 16 months to 3 years in county jail 
• Up t0 $1,000 in fines (misdemeanor)
• Up t0 $10,000 in fines (felony)
• Jail sentences and fines vary based on circumstances

Forgery is an unauthorized signing of someone else’s signature with the intent to defraud. Forgery can be signing someone else’s signature on a check without their consent with the intent of financial gain. Counterfeiting is the use of fake currency with the intent to defraud. An example of counterfeiting is using a fake $10 bill to pay for lunch.

Possible punishment(s) for forgery and counterfeiting:

• Forgery is a misdemeanor charge if the item is less than $950
• Fogery is a felony charge if the item forged exceeds $950
• Up to 1 year in county jail (misdemanor)
• Up to $1,000 in fines (misdemeanor)
• Between 16 months to 3 years in prison (felony)
• Up to $10,000 in fines (felony)
• Restitution
• Probation

A bad check is a check that is written and cannot be honored due to insufficient funds. Bad checks are criminal charges if the person who wrote the check did so with the intent to commit fraud. If the check bounces, the person who wrote the check still needs to make good on the money owed. Bad checks that exceed $950 are charged as a felony. Depending on prior convictions of the accused, if the check is less than $950, it may be charged as a misdemeanor.

Possible punishment(s) for bad checks:

• Up to 1 year in jail (misdemeanor)
• Up to $1,000 in fines (misdemeanor)
• Up to 3 years in state prison (felony)