Intro to Theft Crimes by Darren Kavinoky

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Intro to Theft Crimes
by Darren Kavinoky

Intro

Theft crimes encompass a number of different crimes. Essentially, theft is the taking of another¡¦s property without their consent, with the intention to permanently deprive them of it. Theft crimes generally require specific intent. Specific intent means that the person accused of theft specifically intended the result of the crime¡Xnamely taking property with the intent to permanently deprive. In order to be convicted of any crime, the prosecution must prove that the defendant¡¦s actions satisfy all the elements of the crime. The elements of the crime are the specific acts, step-by-step that make up the crime itself.

The California Criminal Jury Instructions, known as CALJIC, define the elements. CALJIC instructions are read to the jury by the judge before the jury deliberates on the facts of the case. Jury instructions define the parameters that the jury members must use in order to discuss the facts of the case. The burden of the jury in a criminal case is ¡§beyond a reasonable doubt.¡¨ This is a high burden to fulfill, which the jury must decide based on the elements of the offense and the facts allowed into evidence.

Theft crimes are classified as misdemeanors, felonies, or wobblers. A misdemeanor is an offense punishable by up to one year in county jail, and/or fines. A felony, on the other hand is punishable by imprisonment in the state prison and/or fines. A wobbler is a crime which may be punishable as either a misdemeanor or a felony. The prosecutor charges the crime one way or the other, and the judge has the power to sentence the wobbler as either a felony or misdemeanor. For example, while the wobbler charge may result in a felony, the judge may sentence the defendant to county jail instead of state prison, because he or she is allowed to do so under the Penal Code.

The time spent in state prison may be either determinative or indeterminative. Indeterminative sentences allow the judge discretion in sentencing, even allowing the judge to sentence the defendant to probation instead of jail or state prison. Determinative sentences are those that the legislature has set, with three possible options, termed the ¡§low,¡¨ ¡§mid,¡¨ or ¡§high¡¨ terms. An example of this is the option of sentencing the defendant to either 16 months, 2, or 3 years. The legislature recommends that the mid sentence be used, unless mitigating or aggravating circumstances warrant the lower or higher sentence.

Mitigating circumstances are those facts which warrant leniency. For example, complete restitution in an embezzlement case before charges have been brought may be a mitigating factor in sentencing. An aggravating factor in embezzlement is where the victim is elderly, justifying the higher sentence.

The theft crimes discussed here include:

„X Petty Theft, Petty with a Prior
„X Grand Theft
„X Grand Theft Auto
„X Embezzlement
„X Extortion
„X Receipt of Stolen Property
„X Burglary
o Residential
o Commercial
o All Others
„X Robbery
„X Forgery
„X Fraud
o Insurance Fraud
o Workers¡¦ Compensation Fraud
o Welfare Fraud
„X Identity Theft

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients