At Kern Law, APC, we have represented clients for over 20 years defend against theft allegations in El Cajon, California, and surrounding cities La Mesa, Lemon Grove, Spring Valley, Rancho San Diego, Alpine, Lakeside, and Santee. Our office is conveniently located in La Mesa, and we spend considerable time at the East County Superior Courthouse, located at 250 East Main Street in El Cajon, California, defending clients charged with DUI.
Proposition 36, which passed in November 2024, allows the district attorney to charge (elevate) a third Petty Theft (PC 484(a), PC488) or Shoplifting (PC459.5) conviction to a felony, which means a potential prison sentence. Penal Code Section 487, Grand Theft, is prosecuted in San Diego County as a felony, assuming the amount is over $950.
The District Attorney must prove the following for a theft conviction:
1. The person charged took possession of property owned by someone else;
2. The person charged took the property without the owner’s consent;
3. When the person took the property, they intended to deprive the owner of it permanently or to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property;
AND
4. The person moved the property, even a small distance, and kept it for any period of time, however brief.
Defenses:
There may be many defenses applicable to your case. For example, was there an illegal search, in violation of your Fourth Amendment rights? Did you make statements without being advised of your rights to an attorney? Was there an intent to steal, a misunderstanding, or mistake? There may be many more defenses specific to your case.
PC 484(a), PC 488 are much more serious now, because of Proposition 36. An experienced criminal defense attorney is critical to fight your case. If you are under investigation, have been arrested, or charged with Petty Theft or Shoplifting, contact my office today. We will provide a free consultation.