Even a first-time theft charge can result in consequences that extend beyond the courtroom.
Depending on the offense and your criminal history, you could face:
- Jail or prison time
- Probation, fines, and restitution
- A criminal record that appears on background checks
- Immigration consequences for noncitizens
- Professional licensing problems
- Employment and housing difficulties
Shoplifting merchandise worth $950 or less is generally a misdemeanor under California law, but qualifying prior convictions can expose defendants to felony charges. Prosecutors may also combine the value of certain thefts committed as part of a common scheme or plan when determining whether grand theft charges apply.
An experienced Orange County theft defense attorney can evaluate the charges, explain the potential penalties, and identify opportunities to seek dismissal, reduction, diversion, or alternatives to incarceration.
Theft Crimes We Defend in Orange County
California law covers a broad range of theft and property offenses. Michael & Associates defends clients facing misdemeanor and felony charges, including:
Misdemeanor theft offenses
Felony and serious property crimes
- Grand theft (Penal Code § 487)
- Burglary (Penal Code § 459)
- Robbery (Penal Code § 211)
- Receiving stolen property (Penal Code § 496)
- Vehicle theft (Vehicle Code § 10851)
- Embezzlement (Penal Code § 503)
- Identity theft (Penal Code § 530.5)
Other theft-related allegations
- Repeat theft offenses
- Organized retail theft
- Theft involving alleged intent to resell merchandise
- Employee theft and workplace-related accusations
- False accusations and mistaken identity
The distinction between misdemeanor and felony charges can depend on the property's value, the alleged conduct, prior convictions, and other circumstances.
What Are the Penalties for Theft in Orange County?
The potential punishment depends on the offense, the property's value, prior convictions, and whether prosecutors file misdemeanor or felony charges.
California theft charges and potential penalties
|
Theft offense
|
Classification
|
Potential penalties
|
|
Petty theft
|
Generally misdemeanor
|
Up to six months in county jail
|
|
Shoplifting
|
Generally misdemeanor
|
Up to six months in county jail
|
|
Grand theft
|
Misdemeanor or felony
|
Up to one year in county jail for a misdemeanor; up to three years for many felony convictions
|
|
Second-degree burglary
|
Misdemeanor or felony
|
Up to one year in county jail for a misdemeanor; up to three years for a felony
|
|
First-degree burglary
|
Felony
|
Two, four, or six years in state prison
|
|
Robbery
|
Felony
|
Second degree: two, three, or five years. First degree: generally three, four, or six years, with higher penalties in certain circumstances
|
|
Receiving stolen property
|
Misdemeanor or felony
|
Up to one year in county jail for a misdemeanor; up to three years for a felony
|
These are examples of sentencing ranges, not a complete list. Enhancements, prior convictions, and other circumstances can increase the potential punishment.
Not every theft conviction results in incarceration. Depending on the allegations and eligibility requirements, probation, diversion, restitution-based resolutions, or reduced charges may be available.
How Can an Orange County Theft Lawyer Defend Your Case?
Theft prosecutions often rely on surveillance footage, witness statements, store security reports, financial records, and assumptions about what someone intended to do.
Michael & Associates examines the evidence for weaknesses that may support a dismissal, reduced charges, or an acquittal.
- Unreliable surveillance footage: Security video may show someone handling merchandise or leaving a store without establishing what happened before or afterward. Missing footage, poor camera angles, and incomplete recordings can create important questions.
- Mistaken identity: Store employees and loss-prevention officers sometimes identify suspects based on brief encounters, clothing descriptions, or unclear video. An attorney can challenge unreliable identifications.
- Lack of criminal intent: Accidentally leaving a store without paying for an item is not automatically theft. Prosecutors must establish the intent required for the charged offense.
- Unlawful searches or detentions: Police searches and detentions must comply with constitutional requirements. An attorney can examine whether officers had lawful grounds to detain or search someone and whether evidence may be suppressed.
- Conflicting witness statements: Inconsistent employee accounts, missing receipts, inventory discrepancies, and disputed financial records can weaken the prosecution's case.
- Unsupported felony allegations: Prosecutors may allege grand theft, burglary, or organized retail theft based on the value of property or surrounding circumstances. The evidence must support the specific elements of the charge.
For example, a customer accused of shoplifting in Irvine might acknowledge leaving a store with unpaid merchandise but dispute any intent to steal. The circumstances, including distractions, payment attempts, and surveillance footage, could become important to the defense.
A defense attorney can also evaluate whether the case qualifies for diversion, a negotiated reduction, or another resolution that avoids incarceration.
Why Choose Michael & Associates for an Orange County Theft Case?
Michael & Associates uses a senior-attorney defense model designed to give clients experienced representation and direct access to their lawyers.
- Experienced attorneys only: When you hire Michael & Associates, you work directly with a senior criminal defense attorney rather than having your case routinely assigned to a junior associate.
- Extensive Orange County courtroom experience: Senior Trial Attorney Ray Chen spent more than 26 years representing clients through the Orange County Alternate Defender's Office. His experience includes complex felony litigation and serious criminal trials in Orange County courts.
- Individualized attention: Our attorneys examine the details that can make a difference in theft cases, including surveillance footage, police reports, witness statements, financial records, and the circumstances surrounding an arrest.
- Direct communication: We prioritize clear communication, regular updates, and straightforward explanations of your legal options. You'll work directly with your attorney throughout the case.
- Transparent flat-fee pricing: After reviewing your case, we'll explain the legal fees and scope of representation. Our flat-fee structure helps clients understand the cost of their defense without hourly billing surprises.
- Trial-ready representation: We prepare cases with the possibility of trial in mind while pursuing dismissals, reduced charges, diversion, and other favorable resolutions when supported by the evidence.
What Happens When You Hire an Orange County Theft Lawyer?
After contacting Michael & Associates, you can expect:
- A free, confidential consultation to discuss your arrest or charges
- A review of the police reports, surveillance footage, and available evidence
- An independent investigation when additional evidence or witnesses may help your defense
- An assessment of potential motions, legal defenses, and diversion eligibility
- Negotiations with prosecutors or trial preparation when appropriate
- Regular communication about court dates, developments, and important decisions
We can also help you understand bail conditions, upcoming court appearances, and other immediate concerns following an arrest.
Where Are Theft Cases Heard in Orange County?
The Orange County Superior Court system prosecutes theft cases. Depending on the location of the alleged offense and court assignment, proceedings may take place at:
- Central Justice Center in Santa Ana: Criminal cases arising in central Orange County, including serious felony matters.
- North Justice Center in Fullerton: Criminal cases involving northern Orange County communities.
- West Justice Center in Westminster: Criminal proceedings involving western Orange County communities.
- Harbor Justice Center in Newport Beach: Criminal cases assigned to this courthouse from portions of coastal and southern Orange County.
Courthouse assignments depend on the case and current court procedures. Your citation, charging documents, or court notice should identify where you must appear.
Michael & Associates represents clients facing theft allegations throughout Orange County, including Santa Ana, Anaheim, Irvine, Fullerton, Huntington Beach, Costa Mesa, Newport Beach, Orange, Mission Viejo, and surrounding communities.
