How Can Burga Law Firm PC Help You Defend Against Theft Charges for Stealing Company Property in California
Being charged with theft, especially for stealing company property, can have serious consequences in California. A conviction can result in jail time, fines, a criminal record, and even job loss. However, being charged doesn't mean you'll be convicted. With the right defense strategy, it's possible to avoid a conviction or reduce the severity of the charges.
At Burga Law Firm, PC, we understand the complexity of theft cases and can provide you with a strong defense. Below, we'll explain some common defense strategies used to fight theft charges and how an attorney can help you through this challenging process.
What Constitutes Theft in California?
Theft, under California law, is the unlawful taking of someone else's property with the intent to permanently deprive them of it. In cases involving company property, this could include stealing office supplies, company equipment, or even more valuable assets like computers or financial records.
California divides theft into two main categories:
- Petty theft (Penal Code § 484) – Generally applies when the value of the property stolen is less than $950.
- Grand theft (Penal Code § 487) – This applies when the property value is over $950 or if certain types of property, like a firearm or vehicle, are stolen.
Common Defenses Against Theft Charges in California
When you're charged with theft, an experienced criminal defense attorney can develop a strategy to challenge the prosecution's case. Below are some common defenses that can be used to fight theft charges:
1. Lack of Intent
The prosecution must prove that you intended to steal the property. If your attorney can demonstrate that you did not have the intent to permanently deprive the company of its property, you may be able to avoid conviction. For instance, if you accidentally took company property or intended to return it, this could serve as a defense.
2. Mistaken Ownership
In some cases, the defendant may believe the property in question actually belongs to them. If you had a reasonable belief that the property was yours, your attorney can argue that there was no criminal intent to steal.
3. Consent
If your employer or someone with the authority gave you permission to use or take the company property, it could serve as a defense. Proving that you had consent may significantly weaken the prosecution's case.
4. Lack of Evidence
The prosecution must prove beyond a reasonable doubt that you committed the theft. If there is insufficient evidence, or if the evidence is unreliable (e.g., unclear video footage or weak witness testimony), your attorney can challenge the evidence in court to cast doubt on your guilt.
5. False Accusations
Unfortunately, false accusations of theft can occur in the workplace, especially in situations where there may be conflicts or personal disputes. Your attorney can gather evidence to show that you were wrongfully accused and seek to discredit the prosecution's claims.
6. Duress
In rare cases, a defendant may argue that they only took the property because they were under duress—meaning they were forced to commit the theft under threat of harm or serious consequences. This defense may apply if you were coerced into stealing the company's property.
How an Attorney Can Help You Build a Strong Defense
Facing theft charges without the help of an experienced attorney can be overwhelming. Here's how an attorney at **Burga Law Firm, PC** can assist you:
- Case Evaluation and Evidence Gathering: We will thoroughly review the facts of your case, assess the evidence against you, and identify any weaknesses in the prosecution's case.
- Negotiation for Reduced Charges: If the evidence is strong, we can negotiate with the prosecution for lesser charges, such as reducing grand theft to petty theft, which can carry significantly lighter penalties.
- Courtroom Representation: If your case goes to trial, we'll provide a strong defense in court, presenting evidence and witness testimony to support your case and challenge the prosecution's version of events.
- Pre-Trial Diversion Programs: In some cases, we may be able to seek alternatives to conviction, such as pre-trial diversion programs that allow first-time offenders to avoid jail time and keep their record clean.
- Post-Conviction Relief: If you are convicted, we can help seek post-conviction relief, such as appealing the conviction or seeking expungement.
Theft Charges and Potential Consequences
Theft charges for stealing company property can result in various penalties, including:
- Jail or prison time: Depending on whether the charge is petty theft or grand theft, you could face up to six months in jail for petty theft or up to three years in prison for grand theft.
- Fines: Convictions for theft can result in fines ranging from $1,000 to tens of thousands of dollars, depending on the severity of the offense.
- Restitution: You may be ordered to pay restitution to the company for the value of the stolen property.
- Criminal record: A theft conviction can remain on your criminal record and impact future employment opportunities.
How Burga Law Firm, PC Can Help You
If you've been charged with theft for stealing company property in California, don't face the legal system alone. At Burga Law Firm, PC, we understand the stakes and are committed to helping you fight these charges. Our attorneys have experience handling both petty and grand theft cases, and we'll work to secure the best possible outcome for you, whether that means reduced charges, dismissal, or an acquittal.
We know how to challenge the prosecution's case, negotiate favorable deals, and represent you effectively in court. Contact Burga Law Firm, PC today to schedule a consultation and learn how we can help you defend against theft charges in California.
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