Theft Crimes Lawyer in Vista and San Diego County
Vista and San Diego theft attorney Peter M. Liss understands that people accused of stealing may be in a wide variety of life situations. He makes it a point to hear his clients’ stories as soon as they sit down to discuss the case during our first consultation. These tales often include false accusations, illegal search and seizure, other rights violations, or desperate financial situations. Once he understands his client’s unique circumstances, you can then work together with him to determine the best course of action for their situation, whether that means fighting the charges, negotiating a plea bargain, or seeking alternative sentencing, such as a diversion program.
Mr. Liss has defended hundreds of individuals just like you who have been arrested and charged with theft offenses ranging from petty theft to robbery. He has over 40 years of experience fighting these charges and guarantees that all of his clients receive top-quality representation at affordable rates.
About Theft Crimes in California
Theft is one of the most common crimes, not just in Vista, San Diego County, or even California, but worldwide. This crime can take place in many ways. After all, shoplifting a package of diapers is nowhere near the same as carjacking someone driving a Lamborghini. There are many ways theft crimes may be charged in California, some with minor penalties, others that could even result in life imprisonment under the state’s three strikes law. In almost all theft cases, the convict must pay restitution to the victim.
Notably, all forms of felony-level theft are subject to sentencing enhancements if more than $50,000 worth of property is taken or damaged during the commission of the crime. Specifically, offenders will face the following:
| Value of Theft or Property Destruction | Additional Years of Prison Time |
| $50,000-$199,999.99 | One Year |
| $200,000-$999,999.99 | Two Years |
| $1,000,000-$2,999,999.99 | Three Years |
| $3,000,000-$5,999,999.99 | Four Years |
| $6,000,000+ | Four Years Plus One Additional Year per $3 million |
Below are some of the most common types of theft in California, but if you have any questions about what specific charges may apply to your case, it’s best to speak with your defense lawyer.
Shoplifting Charges in Vista and San Diego
Shoplifting involves entering a business during standard operating hours with the intent to steal less than $950 worth of merchandise (even plant clippings). The prosecution must prove someone intended to steal the property when they entered the store, so you cannot be charged for forgetting to scan an item at a self-checkout. Because it can be challenging to prove the intent to steal, most cases that the average person would consider “shoplifting” are charged as petty theft, which does not require the prosecution to prove intent.
Shoplifting is usually a misdemeanor, punishable by up to 6 months in jail and $1,000 in fines, with some exceptions based on the individual’s criminal record or if the shoplifting was committed as part of an organized theft ring. When the merchandise was valued at under $50, the prosecution may file the charges as an infraction, punishable by only a fine.
Petty Theft
When less than $950 worth of goods was taken from any location, the offense can be charged as petty theft. Though shoplifting is the most common type of theft, petty theft is more commonly charged since it does not require the prosecution to prove the defendant’s intent, only that the suspect purposefully took the items.
This criminal charge is usually a misdemeanor punishable by up to 6 months in jail and $1,000 in fines. However, if the individual already has two theft convictions, it is punishable by up to three years in prison. A lawyer can sometimes convince the prosecution to charge this crime as an infraction if the value of the stolen goods was particularly low. Alternatively, some offenders can go through a diversion program, to help them keep the conviction off their criminal record.
Grand Theft
When more than $950 worth of goods are stolen, the charge will be grand theft, which can be either a misdemeanor, punishable by 1 year in jail, or a felony, punishable by up to 3 years in prison. A defense attorney can be critical in convincing the prosecutor to file the charges as petty theft if the value of the stolen property is around $950, or as misdemeanor grand theft if reducing the charges is not a realistic option. Either way, this can help minimize the potential sentence faced by the defendant.
Auto Theft
The majority of car theft charges are filed as grand theft auto. While the crime can be a misdemeanor or felony, grand theft is usually charged as a felony. If the stolen automobile was particularly valuable, additional penalties may be added.
Because prosecutors must show that a defendant intended to permanently deprive the owner of their vehicle to obtain a conviction for grand theft auto, these charges are more often filed as the unlawful driving or taking of a vehicle, commonly referred to as joyriding. This crime still carries the same felony penalties, but it is easier for the prosecutor to secure a conviction.
Bike and Boat Theft in Vista
Like vehicles, the taking of a bike or boat is a distinctive charge under California law, specifically 499(b) (PC). The law covers bicycles, unicycles, tricycles, or other cycles not considered “vehicles” under California law, as well as water vessels, such as boats, paddle boards, and jet skis. Like joyriding, the prosecutor in these cases isn’t required to prove that the defendant intended to permanently keep the item.
The unlawful taking of a bicycle or vessel is a misdemeanor. When 499(b) (PC) involves a bicycle, it is punishable by up to $400 in fines and three months in jail. When it involves a vessel, it is punishable by up to $1000 in fines and a full year in jail. If the property was not recovered or was damaged, you may also be required to pay restitution to the victim.
While you can be charged with both petty or grand theft and 499(b), you can only be convicted of either the unlawful taking of a bicycle or vessel or theft, not both.
Carjacking and Car Robbery
Carjacking and auto robbery charges are filed when a vehicle is taken directly from the driver by force or fear. While these charges are usually filed together, a suspect can only be sentenced once for both crimes. Both carjacking and car robbery are punishable by up to 9 years in prison, but if anyone was injured or a weapon was used, an additional 20 years could be added to the sentence.
Carjacking and auto robbery count as violent crimes and strikes. If a defendant has a previous strike, their sentence may be doubled. If they have two prior strikes, they will face life imprisonment. These are serious theft crime charges that require an experienced San Diego attorney.
Car Burglary
When someone breaks into an unoccupied vehicle, they may face car burglary charges, even if they do not steal the vehicle. For prosecutors to prove a car burglary charge, they must show that the defendant illegally entered a vehicle and intended to take the car, steal something inside, or commit a felony. This offense is a form of second-degree burglary, charged as a misdemeanor or felony. As a misdemeanor, it’s punishable by 1 year in jail, but as a felony, it’s punishable by up to 3 years in prison.
The theft of items on the outside of the car, such as catalytic converters, is not a form of auto burglary because taking the items does not require entering the vehicle.
Burglary Offenses
What the public commonly refers to as breaking and entering is actually charged as many different crimes in California, including burglary, robbery, and trespassing. However, burglary is the most common charge in these cases.
In California, burglary does not necessarily involve theft but instead occurs when someone enters another person’s property with the intent to commit either petty theft or a felony. The charges can still apply even if you never took anything from the property or committed another crime, as long as the defendant had the intent to do so.
There is no requirement for the property to be locked, so even if the door was wide open, it could still be considered burglary if the suspect entered without permission. While the defendant didn’t actually need to break into a structure, the prosecution still must prove that they intended to commit or did commit a theft or any felony -including vandalism, battery, or sexual assault.
Low-level burglaries can be charged as a felony, punishable by up to 3 years in prison, or a misdemeanor, punishable by up to 1 year in jail. If a residence, including a garage or unoccupied home, was broken into, the crime is a strike under the three strikes law, and a felony, punishable by up to 6 years in prison. If someone was in the home at the time, the burglary is charged as a violent felony, even if the victim was never threatened or hurt. A Vista defense lawyer can play a critical role in minimizing the severity of burglary charges, convincing the San Diego District Attorney to file them as a misdemeanor rather than a felony.
It’s worth noting that even possessing burglary tools such as lockpicking kits can result in misdemeanor charges. However, the prosecution can only secure a conviction for this offense if they can show you intended to commit a burgarly, a high standard to meet as long as you have a good San Diego defense lawyer.
Robberies in California
Many people mistakenly use burglary and robbery interchangeably, but these two crimes have some significant differences. Robbery involves taking something using force or fear. In contrast, burglary doesn’t necessarily involve taking someone else’s property but just entering a property intending to commit a felony or steal something. If the suspect threatens or hurts the victim during a theft in someone’s home, they can be charged with both burglary and robbery. Robbery charges can even be filed if the suspect only used force in an attempt to escape.
Robbery is always a violent felony and a strike. At its most basic, robbery can carry a sentence of up to 5 years in prison, but if a weapon was used or the victim suffered significant bodily injury, the penalty will be increased. If a gun was used, an extra 10 years, 20 years or life sentence could be added to the standard sentence under California’s 10-20-Life law.
Trespassing and Aggravated Trespassing
When someone illegally enters another person’s property and then denies the owner their property rights by refusing to leave, vandalizing the property, or doing something similar, it is a misdemeanor punishable by up to 6 months in jail and a fine of $1,000. Sometimes, a lawyer can have the charges reduced to an infraction, punishable by only a fine.
A more serious form of trespassing is called aggravated trespassing, which occurs when someone illegally enters another person’s property less than 30 days after making a threat against the property owner, the resident, a neighbor, or an employee working on the property. This criminal offense can be a misdemeanor or felony, punishable by up to 1 year in jail as a misdemeanor or 3 years in prison as a felony. Those charged with aggravated trespassing also often face robbery, burglary, domestic violence, stalking, burglary, and assault charges.
Common Forms of Fraud
When theft involves deception or false claims, it is considered fraud. This crime occurs in many ways, including insurance, welfare, healthcare, real estate, worker’s compensation, fake charitable fundraisers, unemployment, and credit cards. Fraud doesn’t always involve financial gain but can involve obtaining benefits one would not otherwise have, such as committing fraud to park in handicapped parking spaces.
Fraud is usually a felony, and sentences may be years, or even decades, long. Lengthy sentences are particularly common when there are multiple charges or charges for related crimes such as money laundering, conspiracy, identity theft, forgery, mail theft, counterfeiting, and other white collar crimes, which is typical.
Embezzlement/Employee Theft
Embezzlement is a specific kind of theft that involves someone taking property from someone who entrusted them to care for it. In California, this is frequently committed by employees and, thus, often referred to as employee theft. At its most basic, embezzlement may be filed as a misdemeanor or felony, punishable by 1 year in county jail if charged as a misdemeanor or 3 years in prison if filed as a felony. Sentence enhancements may apply if the amount taken was very high.
Why Hire Peter Liss
As Your San Diego Theft Lawyer
He is a top-rated University of California, Berkeley Law School graduate with a proven track record of success defending clients accused of all types of larceny, ranging from misdemeanor shoplifting to felony robberies with potential life sentences under the three strikes law.
Unrivaled Dedication to Clients
Peter Liss’ reviews on AVVO, Yelp, and Google are a testament to his dedication to his clients. If you have been accused of taking anything that was not your rightful property, he can help.
How Mr. Liss Can Defend You
He strives to keep his clients updated on their cases and advise them about the best actions to take after they have been accused. He can argue for lower bail, fight to reduce the charges against you, and either negotiate for a plea bargain or fight for you in the trial. He always attempts to minimize the sentence or secure alternative sentencing whenever possible.
Going Above and Beyond
When it helps your defense, Mr. Liss will investigate your case, collect evidence on your behalf, interview witnesses, and build the most robust possible defense strategy for your given situation.
Call Peter Liss Today
If you are facing a theft charge, please call him anytime, day or night, to schedule a free initial consultation. You can meet him at either his North County office, across the street from the Vista jail and courthouse, or his more central San Diego office, just off the I-5 in Carmel Valley.
I’m available, let’s talkHow to Fight the Charges
Larceny Defense Strategies
There are many strong defenses to theft crimes, but you should always talk to a lawyer before attempting to defend yourself. If you say that you did steal something but the statute of limitations expired, for example, you can’t later claim that you didn’t know you stole the item.
Common Defenses
Some defenses your attorney may make to help you fight the charges include:
- False accusations
- The item was your personal property to begin with
- Insufficient evidence
- Expired statute of limitations
- Evidence uncovered through illegal search and seizure
- The police stopped you without cause
Working to Avoid Charges
Sometimes, your best criminal defense may be to return the property or work out a repayment plan with the victim in exchange for their agreement not to press charges. Because the District Attorney always has the option to press charges even against the victim’s wishes, this is best left to a defense attorney rather than doing it yourself.
Reducing the Charges is Often the Best Option
In other situations, the best solution may be to have your lawyer convince the D.A. to reduce the number or severity of the charges. Attempting to reduce the charges is an excellent option for those charged with grand theft when the value of stolen goods is near the $950 threshold, meaning it could easily be reduced to petty theft charges. Having a skilled attorney on your side can often mean the difference between a maximum 6-month jail sentence and a maximum of 3 years in prison.
Other Theft Crimes
Larceny Charges in California
While this page covers California’s most commonly charged forms of theft, these are far from the only charges. These include:
Better Understanding the Law
Aside from learning about the charges themselves, understanding how the law works can often be helpful if you are facing charges. These articles may be relevant to those accused of a theft crime:
How to Contact Attorney Peter Liss
For skilled IMMEDIATE help with a San Diego County larceny defense, call Vista theft crimes lawyer Peter M. Liss:
Call 24/7, any time, any day. I can help you.
