Many people view theft as a relatively minor offense. In reality, even a first-time misdemeanor theft conviction can create lasting consequences long after your case is resolved.
Potential consequences include:
- Jail time or probation
- Court fines and restitution
- A permanent criminal record
- Immigration consequences
- Professional licensing issues
- Difficulty obtaining employment
- Housing application denials
- Damage to your reputation and future career opportunities
Because theft offenses involve allegations of dishonesty, employers, licensing boards, and professional organizations often place significant weight on these convictions.
Theft Crimes We Defend
Our attorneys represent clients accused of virtually every California theft offense.
Misdemeanor Theft Charges
- Shoplifting (PC §459.5)
- Petty Theft (PC §§484, 488)
- Theft of Services
- Employee Theft
Felony Theft & Property Crimes
- Grand Theft (PC §487)
- Burglary (PC §459)
- Robbery (PC §211)
- Receiving Stolen Property (PC §496)
- Auto Theft (Vehicle Code §10851)
Complex Theft Allegations
- Organized retail theft
- Repeat-theft investigations
- Prior theft convictions
- Identity theft-related allegations
- False accusations
- Mistaken identity
Penalties for Theft in San Jose
The potential penalties depend on the value of the property involved, the circumstances of the allegations, and whether prosecutors pursue misdemeanor or felony charges.
Examples include:
- Petty Theft / Shoplifting: Up to six months in county jail.
- Grand Theft: Up to three years in county jail or state prison.
- Burglary: Up to six years in state prison, depending on the degree.
- Robbery: Three, four, or six years in state prison.
- Receiving Stolen Property: Up to three years in county jail or state prison.
Depending on your criminal history and the facts of the case, alternatives such as diversion, probation, reduced charges, or dismissal may be available.
How We Defend Theft Cases
Every theft allegation deserves an independent investigation—not simply acceptance of the police report or store security narrative.
Our attorneys regularly challenge:
- Surveillance footage that fails to establish criminal intent
- Misidentifications by witnesses or loss-prevention personnel
- Incomplete retail security investigations
- Illegal detentions or searches
- Contradictory witness statements
- Incorrect property valuations
- Weak evidence supporting felony allegations
- Cases built on assumptions instead of proof
By exposing weaknesses early, we're often able to pursue dismissals, negotiated reductions, diversion programs, or other favorable resolutions.
Why Choose Michael & Associates?
Michael & Associates practices exclusively in criminal defense, and every client works directly with an experienced senior trial attorney.
When you hire our firm, you'll receive:
Senior Trial Attorneys
Your case is handled by an experienced criminal defense lawyer from beginning to end.
Independent Investigation
We thoroughly analyze surveillance footage, police reports, digital evidence, witness statements, and store records to build the strongest possible defense.
Personalized Representation
We intentionally maintain manageable caseloads so every client receives focused legal representation.
White-Glove Client Service
You'll receive responsive communication, practical advice, and regular updates throughout your case.
Transparent Flat Fees
We provide straightforward flat-fee pricing after reviewing your case.
Trial-Ready Defense
Every case is prepared for trial from day one, strengthening our position during negotiations and in the courtroom.
We represent clients throughout the Santa Clara County Superior Court system and neighboring Silicon Valley communities.
What Happens After You Hire Us?
Our work begins immediately.
We will:
- Review police reports and available evidence
- Preserve surveillance footage before it's overwritten
- Conduct an independent investigation
- Identify constitutional and factual defenses
- Challenge unlawful searches and detentions
- Negotiate strategically with prosecutors
- Prepare your case for trial whenever necessary
We also assist clients with bail, warrants, emergency legal guidance, and every stage of the criminal court process.
Theft Crime Trends in Santa Clara County
Retail theft, organized retail crime, burglary, employee theft, and vehicle-related theft continue to receive significant attention from law enforcement agencies throughout Santa Clara County. Many investigations now rely heavily on surveillance technology, electronic transaction records, inventory management systems, and other forms of digital evidence.
While this evidence can be persuasive, it doesn't always establish criminal intent or accurately identify the person responsible. Our attorneys carefully examine every piece of evidence to determine whether prosecutors can actually prove the allegations beyond a reasonable doubt.
Sources: Michael & Associates research; California Penal Code (§§211, 459, 459.5, 484, 487, 488, 496); California Vehicle Code §10851; Santa Clara County Superior Court; Santa Clara County District Attorney's Office; San Jose Police Department.
