California Property Crimes You Should Know About

 Posted on November 11, 2022 in Criminal Defense

Property crimes generally refer to criminal offenses in which an alleged offender steals, destroys, or otherwise violates another party’s property rights. A conviction for a property crime in California can result in serious criminal penalties. While many property crimes may be misdemeanor offenses, several others can result in felony criminal charges. If you are facing property crime charges in California, seek the help of a San Jose, CA property crimes defense attorney.

Types of Property Crimes in Santa Clara County

The most common kinds of property crimes in California usually include:

• Burglary — Under California Penal Code § 459, an alleged offender who enters another party’s property with intent to commit grand or petit larceny or any felony commits burglary. First-degree burglary involves burglary of residential structures while second-degree burglary crimes involve other types of structures. Convictions are punishable by up to six years in prison.

• Shoplifting — California Penal Code § 459.5 establishes that a person commits a shoplifting offense when they enter a commercial establishment with intent to commit larceny while that establishment is open during regular business hours. When the value of goods stolen is less than $950, shoplifting is usually a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000. When property exceeds $950 in value, then an alleged offender can face grand theft felony charges punishable by up to three years in prison and/or a fine of up to $10,000.

• Trespassing — California Penal Code § 602.8 provides multiple examples under which people can commit trespassing offenses, with the most common cases usually involving alleged offenders entering another party’s property without permission, refusing to leave private property, and entering property with an intent to damage the property. Trespassing may be a simple infraction punishable by a fine of $75 or $250 for repeat offenses, a misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000, or a felony if an alleged offender made a credible threat to a property owner punishable by up to three years in prison and/or a fine of up to $10,000.

• Auto Theft — California Penal Code § 487(d)(1) is the state’s grand theft auto law. These can be misdemeanors or felony offenses.

• Petty Theft — California Penal Code § 484(a) defines petty theft offenses as crimes involving property valued at $950 or less, and a conviction could be punishable by up to six months in jail and/or a fine of up to $1,000.

• Grand Theft — California Penal Code § 487 is the state’s grand theft law, and these crimes can again be misdemeanors or felony offenses.

• Arson — Arson crimes prosecuted under California Code Penal Code § 451 can be difficult to classify because the offense may be arson causing bodily injury to victims, of an inhabited structure, of an uninhabited structure or forest, or of an alleged offender’s property or another person's property. Arson offenses causing serious bodily injury to other parties can result in up to nine years in prison and/or a fine of up to $10,000.

• Vandalism — A vandalism offense under California Penal Code § 594 can be a misdemeanor or a felony depending on the value of the property damaged, and a case causing more than $400 in damage can lead to felony charges. Misdemeanor convictions are punishable by up to one year in jail and/or a fine of up to $1,000 but felony convictions could be punishable by up to three years in prison and/or a fine of up to $50,000.

Contact a Santa Clara County Property Crime Defense Lawyer

If you are facing any kind of property crime accusations in California, make sure you have somebody on your side who can deal with a prosecutor. A San Jose, CA property crimes defense lawyer at Fuller Law Firm will know the most effective way of handling your case. 

Our firm will conduct our own independent investigation into the event in question, and we will determine your strongest possible defense options. You can speak to us privately about your case when you call 408-234-7563 or contact us online today to arrange a free consultation.

Source: 

https://www.ppic.org/publication/crime-trends-in-california/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=459.&lawCode=PEN

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=459.5

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.