Theft and Fraud Criminal Defense

Theft and Fraud: In California, grand theft is stealing something of more than $400 in value, with the intent to permanently deprive the owner of possession. Grand theft is a felony, but can alternatively charged as a misdemeanor. Petty theft, a misdemeanor, is taking something valued at less than $400. If the item taken is valued at less than $50, petty theft can be charged as an infraction. A grand theft felony can result in no more than 3 years in prison, unless there is an “excessive taking” alleged. If the value of the property stolen is above $50,000, “excessive taking” can add additional prison time. If a person is convicted of felony grand theft, but is not sent to prison, and successfully completes probation, he/she can request that the court reduce the conviction to a misdemeanor. While this is not technically part of the “record clearance” procedure also discussed in this site, this step is typically taken when you hire an attorney for record clearance. Theft charges can range from allegations against corporations or individuals for stealing intangibles like trade secrets, through embezzlements where large amounts are taken slowly over the course of several months or even years, down to taking a t-shirt from a department store, or scrap metal from a recycling yard.

Fraud charges also cover a large area of conduct. A person may be charged with fraud in connection with false financial statements in connection with large purchases such as real estate. Fraud has also been charged in connection with falsely obtaining insurance proceeds, such as workers’ compensation, liability insurance, unemployment, or welfare benefits. Fraud cases can be either very complicated and sophisticated, with multiple persons responsible for the fraud, down to falsely claiming eligibility for welfare or unemployment benefits. Fraud charges are usually charged as a felony and can be punished with a maximum of 3 years in prison unless there is “excessive taking” as discussed above. However some types of very simple fraud-like charges such as bad checks and welfare fraud in a small amount can be charged as misdemeanors. In many types of fraud, the matter is handled in civil court, since it is not always clear to the prosecutor whether there was an intent to defraud, or whether money was lost due to a bad investment scheme.

I have handled many of these types of cases. The first question in assessing a case of this type—What can be proven, criminally--may be straightforward or more complicated since these charges can cover so many types of conduct. Many times, people who would normally have no contact with the criminal justice system can get into trouble with checks or credit cards where they have simply got in over their heads and begun to rob Peter to pay Paul. Hiring an attorney in this situation is often difficult because of financial problems. I would, however, urge you to hire counsel for these types of charges since they can be serious and are damaging to your criminal record and employability in the future.

For more information on theft, fraud charges and defense please contact us today