Recently in Theft Offenses Category

August 18, 2010

Factors that are Considered in a Los Angeles Identity Theft Case

There are many different categories of charges that are considered theft under the California Penal Code. Similarly, there are many different acts that will constitute Identity Theft. The Judge and Prosecution will consider two major aspects of the facts to determine the consequence of the charge. An experienced Los Angeles Criminal Defense Attorney, such as those at Hoffman and Associates, have seen thousands of Identity Theft cases and are familiar with the many different scenarios and defenses they entail. They are able to present a powerful argument focused on the two major components of an Identity Theft charge.

The first major aspect of the facts that will be considered is what it was that was stolen using the identity. Did the person use a stolen credit card to buy diapers for their baby in the amount of $20? Or did they take a $5,000 trip to Tahiti? When the value of the stolen item is over $400, it becomes a much more serious case and is generally tried as a felony. When the value is lower than $400, it falls at the lower end of the spectrum and is tried as a misdemeanor.

The second factor assessed by the court will be the manner in which the Identity was stolen. For example, were credit cards taken from a wallet, or did someone hack into personal secured information on a computer? The focus will be on the how sophisticated or amateur the act was.
One of our most recent cases dealt with a young adolescent who had stolen the credit cards from his roommate's wallet and used them to purchase ski equipment. Although this case involved a simple method to obtain financial information, and items that were lower in value, it still involves complex consequences.

Regardless of how the case is charged, and even if it falls at the lower end of the spectrum, it is important to note that any charge of theft on one's record will result in serious consequences not only in regards to a Judge's sentence, but other aspects of your life as well. To ensure that your rights are protected and you are given the best possible representation, hire an attorney who has a solid reputation with the criminal courts in Southern California. We prepare a powerful defense aimed at not only reducing your charges but in many cases dismissing them as well. Contact our office today for a no obligation consultation.

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June 23, 2010

The Many Different Types of Los Angeles Theft Offenses

The purpose of this blog is to bring to attention of the reader, the many different forms of theft with which a person can be charged with in Los Angeles. It is common for people to oversimplify theft as just stealing. However, the California Penal Code breaks down a theft charge into subcategories, each with the potential to be a misdemeanor or felony with varying potential consequences.

Some of our clients are charged with theft when stealing personal property, or because they refuse to return property that has been entrusted to them. Other clients of Hoffman and Associates have been charged with theft when an identification card or credit card has been falsely used or without authorization. A person can also be charged with theft when they intentionally misrepresent their actual identity to someone with authority when asked to provide identification.

Our team of highly skilled lawyers also represents clients who have been charged with theft in the form of embezzlement. Embezzlement is when a person in a position of trust uses that trust to exploit resources. Additionally, theft may be committed when a person or company collects payment to complete a service or purchase equipment but fails to use it for the hired purpose.

The California Penal Code lists many more acts under which a offender may be charged with theft. An experienced Criminal Defense attorney, such as Ronald Hoffman, is not only knowledgeable with all the various types of theft, but has handled each of these types of cases in the criminal courts throughout Los Angeles.

Our firm's thirty years of experience is reflected in the strategic defense and zealous advocacy with which we fight your case. We pride ourselves in our goal to passionately argue your case to get you the best possible outcome, as we have done so for thousands of satisfied clients. Let us handle your case with the diligence and confidence you deserve from your criminal attorney.

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June 4, 2010

Southern California Theft Offenses - Potential Penalties

Our clients who have been charged with a Southern California theft offense face a range of potential consequences. They will be sentenced along a spectrum of penalties ranging from time in jail, to community service, to a fine depending. Where they land on the scale depends on the specific facts of the case and the value of the object stolen.

A theft offense will be charged as Grand Theft when the value of the merchandise stolen is over $400. For cases involving the theft of a firearm, potential consequences can range between 16 months imprisonment in state prison up to 3 years. (California Penal Code 489). For all other cases involving Grand Theft, the penalty will be up to one year in county jail or state prison.

A Southern California theft offense in which the value is under $400 will be charged as petty theft. Petty theft will be punished by a fine up to $1000, or up to 6 months in county jail, or both (California Penal Code 490).

The sentence that is imposed will depend on the factors surrounding your unique situation and how your case is presented in court by your Criminal Defense attorney. A knowledgeable attorney will be able to develop an effective defense after reviewing the specific facts. Over thirty years of experience is reflected in the expert manner with which Hoffman and Associates handles your case.

Our highly skilled staff works efficiently to weaken prosecution's argument so that your potential penalty falls at the lower end of the sentencing scale. Good Criminal Defense attorneys, such as the professional staff at Hoffman and Associates, will keep your best interests in mind and fight hard to get you the best results possible!

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June 2, 2010

California Theft Offenses - Legal Definition

Our Southern California law firm has represented many clients who have been charged with California theft offenses. California theft offenses are defined and charged under California Penal Code 484 through 490.

California Penal Code 484 (PC 484) defines what acts constitute theft. Penal Code 484 is quite lengthy and describes many different forms of theft. However, it first defines theft as an offense committed by those who "steal, take, carry, lead, or drive away the personal property of another". Not only is this the most common definition of theft, it is also the one our knowledgeable California Defense attorneys represent most often.

The California Penal Code 486 divides all theft offenses into two degrees; petty theft and grand theft. California Penal Code 487, through several sections, defines what acts constitute grand theft. A theft will generally be classified as Grand Theft when the value of merchandise stolen is over $400. Most Grand Thefts will be charged as felonies and consequently punished at a harsher degree.

Any offense that does not fall under CPC 487, and/or is under $400 will be charged as a petty offense (California Penal Code 488). Petty Offenses are generally misdemeanors and will be sentenced at a lower end of the spectrum depending on the specific facts of the case.

If you have been charged with a theft offense under the California Penal Code let our experienced Criminal attorneys help you with your case. After thirty years of experience in courtrooms all over Southern California, Hoffman and Associates will carefully study all the specific facts of your case and prepare a strategic defense to ensure the best results. Our goal from the beginning of the case through to its completion is to make sure you feel confident in our defense and are satisfied at all stages of your case. Let our team of skilled attorneys provide you with the help you need.

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