Theft Charges Must Be Taken Seriously

Burglary, Grand theft, Embezzlement, Identity theft, Credit card fraud, Car theft and Elder financial abuse are all felonies and punishable by up to 3 years state prison. They are also probation eligible and some can even be reduced to misdemeanors. These charges generally are very serious depending on the amount of money or property involved, sophistication of the crime and number of thefts, they can result in significant custody and need to be addressed immediately to minimize consequences and resolve these cases in the best way possible.

Petty theft, Retail fraud and Shoplifting are generally misdemeanors but still can have serious consequences. Many people simply walk into court and have no idea the serious impact a theft offense can have on them. A theft offense is not good on your record and will negatively impact any background check and can affect occupational licenses, careers, security clearances, immigration status and your credibility in any proceeding.

Located for over 40 years across from Vista Courts, we have worked on a daily basis with judges, prosecutors, law enforcement, probation officers and court personnel. We can give you a realistic appraisal of your case and help you achieve the best resolution.

Attorneys Nicholas Christoph and William Christoph, servicing Vista and surrounding areas, will defend you and use other factors to mitigate or reduce the charge and punishment even if there are no viable defenses. The Christophs are there to protect you and your best interests, and help you get the best resolution possible in your case. Listed in San Diego Magazine “Top Lawyers”, former USMC Captain, highest rating in legal ability and ethical standards with over 150 Google 5-Star client ratings.

Call for a free consultation with our Vista theft attorneys: 760-941-5720.

Experienced Vista Theft Attorneys

Advising people during some of the most difficult times of their lives, Vista, California, criminal defense attorneys Nicholas W. Christoph and William R. Christoph have represented hundreds of people in your same situation, with charges of petty theft or grand theft, embezzlement, burglary, credit card, check, or insurance fraud. Every case and every individual is different. The underlying circumstances, motivations and impact of conviction also vary from person to person. They will work with you, keep you informed, guide you through the process and help you achieve the best possible result in your case.

Christoph Law Offices learn about you as a person, investigate your case and learn the facts surrounding your charges. They will work with you to discover facts, explanations or circumstances that could help get your case dismissed, charges reduced or penalties minimized. They will recommend things that can be done to greatly improve the outcome of your case.

Being Convicted of Crimes of Moral Turpitude

If you are convicted, these crimes are considered crimes of moral turpitude. The conviction will affect your record for the rest of your life. Especially if you intend to be licensed as a teacher, doctor, real estate sales person or some other professional some day, a conviction can greatly affect your ability to find work and get professionally licensed.

To help lessen or perhaps even avoid the impact of a conviction, Nicholas W. Christoph and William R. Christoph can explain ways to avoid or minimize any damage to your future. Sometimes attending a theft class or evidence of character or background (like military service), career or medical information can make a difference.

Frequently Asked Questions: Theft, Shoplifting, Burglary, Fraud And Embezzlement

If you’re facing charges related to theft, shoplifting, burglary, fraud or embezzlement, you likely have many questions and concerns. Our lawyers provide answers to some of the most common questions. We understand that each case requires individualized attention. We offer free initial consultations to address your concerns and provide guidance on the course of action for your situation.

What is petty theft vs. shoplifting?

Petty theft and shoplifting are two distinct offenses. Petty theft is a broader term that refers to the theft of any property valued at $950 or less. This can include shoplifting and other types of theft of any property valued at $950 or less.

Shoplifting, on the other hand, is a specific type of petty theft that involves taking merchandise from a store without paying for it. This can include concealing items, switching price tags or leaving a store without paying for merchandise. While both petty theft and shoplifting are misdemeanors, shoplifting is often a more serious offense as it involves a deliberate attempt to deceive the store owner and a misdemeanor burglary is usually also charged. This is a separate crime – burglary is entering the building with the intent to steal. Entering a residence with the intent to steal or commit another felony is a residential burglary – 1st degree burglary and is a strike under 3 strikes law which is punishable by up to 6 years in state prison and as a prior mandates state prison in any future felony with limited good time credits.

What are the consequences of a shoplifting conviction?

Shoplifting is a crime of moral turpitude and can have significant effects on someone’s future. Any theft crime can potentially cause the loss of occupational licenses like nursing, contractors, teaching, real estate sales and more. The first offense may be a misdemeanor carrying up to a $1,000 fine and six months in custody. An attorney can work to get the charge dismissed through diversion, reduced to a lesser offense or infraction and avoid many of the serious consequences that go along with a theft conviction. If convicted, it may require a booking and release from jail, probation, fines, potential additional custody or public work and a theft class.

Can petty theft become a robbery?

Yes, a petty theft can become a robbery. In California, petty theft is stealing property worth $950 or less in value. Robbery is the taking of property against someone’s will, using force or fear. Courts have ruled that someone who steals property and then uses physical force, like pushing or fighting with a security guard while trying to get away is sufficient to escalate the misdemeanor petty theft to a felony robbery. A misdemeanor petty theft carries up to six months in jail, while a felony robbery carries up to five years in state prison and is a strike under the three strikes law.

How long does a shoplifting investigation take?

The length of a shoplifting investigation can vary depending on the resources available to the authorities and the complexity of the case. It can take anywhere from a couple hours involving store security to much longer depending on the sophistication of the offense, evidence to be reviewed and individuals to be contacted if not detained at the scene.

Here are the typical steps involved in a shoplifting investigation:

The store’s loss prevention team reviews security footage and gathers evidence, which they turn over to the police and write a small report.
The police conduct their investigation, which may include interviewing witnesses, reviewing security footage and collecting physical evidence.
The police may also obtain statements from the accused and any witnesses.
In some cases, the police may search the accused’s vehicle.
Once the investigation is complete, the police forward their findings to the district attorney’s office with charging recommendations and then the DA decides what charges to file.

Felonies can be filed if the value of the items taken exceeds $950, even if there are multiple thefts or multiple individuals are involved in the thefts. If this is a one-time theft of small value and no prior record, it may be possible to negotiate diversion where you can complete a theft class, do volunteer work, and complete other agreed requirements to avoid a conviction. A criminal defense lawyer can help you get the best resolution in your case and make the Court appearances without you if it is a misdemeanor.

Is Insurance Fraud a felony?

Insurance fraud is a felony under California Penal Code (PC) 550 in most cases. It is punishable by up to five years in prison and up to a $50,000 fine or double the amount of the fraud, whichever is greater. Insurance fraud can involve:

Claiming for a loss or injury that did not occur
Presenting multiple claims for a single event
Knowingly participating in a staged auto accident
Preparing documents
Assisting someone making a false claim

Even if you did not receive any payment, it is the making the fraudulent claim which is the crime. Not only is there restitution for any money obtained by the fraudulent claim, but you may also be liable for the insurance company’s claim handling and investigative costs to determine the false claim. It is important to contact an attorney as soon as possible if you are charged or even contacted by your insurance company about a possible false claim.

Contact a Defense Attorney Now

To learn more about what can be done for you and in your case, call for a free initial consultation. Contact attorneys Nicholas W. Christoph and William R. Christoph by calling 760-941-5720. You can also schedule an appointment by using our firm’s online contact form.