Have you been arrested for petty theft in San Jose, California? While this is considered a relatively minor offense, a conviction can create lasting problems for your future. You still have the chance to fight back, however, and the right San Jose petty theft lawyer can make a significant difference in how your case turns out.
Ahmed & Sukaram, Criminal Defense Attorneys has 30 years of combined experience defending clients against theft charges in the San Jose area. We’ve won thousands of cases to date and won’t hesitate to take yours all the way to trial if necessary, so call our San Jose petty theft lawyers at (408) 217-8818 today to get started with a confidential consultation.
How Ahmed & Sukaram Can Help if You Were Charged With Petty Theft in San Jose, California
The prosecution may treat your case like it is open and shut, but petty theft charges in San Jose, CA, are far more defensible than many people realize. The state still has to prove every element of the offense beyond a reasonable doubt, and there are often weaknesses in the evidence that a qualified defense lawyer can expose. Ahmed & Sukaram, Criminal Defense Attorneys is here to help.
When you hire our criminal defense firm, our San Jose theft crimes lawyers will get to work on your case right away. Here is what that looks like:
- We will review the evidence the prosecution plans to use and identify any gaps or inconsistencies
- We will investigate whether your constitutional rights were violated during the arrest or investigation
- We will explore every option for getting your charges dismissed, including diversion programs for eligible defendants
- We will represent you at all court appearances and at trial if your case goes that far
Our San Jose criminal defense attorneys have deep familiarity with the Santa Clara County courts and know how local prosecutors approach these cases. Call us today to schedule your case review.
What Is Petty Theft Under California Law?
California Penal Code Sections 484 and 488 define petty theft as the unlawful taking of another person’s property when the value of that property is $950 or less. The offense covers several different forms of theft, including physically taking and carrying away someone’s belongings, obtaining property through fraud or false pretenses, and embezzlement.
To secure a conviction for theft by larceny, the prosecution must prove that you took property belonging to someone else without their consent, intended to permanently deprive the owner of it or deprive them of it for an extended period, and moved the property even a small distance and kept it for some period of time.
Shoplifting is treated as a separate offense under state law. That statute applies specifically to entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. Though it carries the same penalties as petty theft, prosecutors sometimes charge one or the other depending on the circumstances.
What Are the Penalties for Petty Theft in California?
Petty theft is typically charged as a misdemeanor. If convicted, you could face:
- Up to six months in county jail
- A fine of up to $1,000
- Summary probation
- Restitution to the alleged victim
Collateral consequences might also result, such as greater difficulty obtaining a job that requires a background check.
What Defenses Are Available for San Jose Petty Theft Charges?
There are several strong defenses that may apply to your case, depending on the facts:
- No intent to steal: If you genuinely believed the property was yours, or if you intended to return it, the prosecution may not be able to prove the required intent to permanently deprive the owner.
- Owner’s consent: If the property owner gave you permission to take or use the item, no theft occurred.
- False accusation: Petty theft charges sometimes arise out of personal disputes or misunderstandings. Store employees and private individuals can be mistaken about what they saw.
- Unlawful search or seizure: If law enforcement obtained evidence against you in violation of your Fourth Amendment rights, that evidence may be suppressed.
- Insufficient evidence of value: If the prosecution cannot prove the property was worth what they claim, it may undermine the charge entirely.
Our San Jose theft crimes attorneys work hard to develop a strategy that makes the most sense for your situation. Contact us today to learn more.
Schedule a Confidential Consultation With Our San Jose Petty Theft Attorneys
A petty theft charge in San Jose, CA, is worth taking seriously, even though it might not seem like it warrants that kind of attention on the outset. Ahmed & Sukaram, Criminal Defense Attorneys has spent three decades defending clients against exactly these kinds of charges and is here for you next.
Contact us today for a confidential consultation to discuss your case and learn what we can do to help. Our San Jose petty theft attorneys will do everything we can to help you secure a favorable outcome.