What is Theft Crime?

A theft crime is classified as an unlawful and unauthorized taking of another’s property with the intent to gain. According to California law, in order for a theft to happen, the offender must have the intent of depriving the owner of his property permanently.

Theft has different categories: larceny, embezzlement and false pretenses.

• Larceny is the crime most commonly known as “theft.”
• Embezzlement is the misappropriation of funds placed in the trust of someone who has lawful possession of it.
• False pretense is when a person obtains the personal property of another through forgery or fraudulent statements with the intent of depriving the lawful owner of his property.

Theft Crimes in California

Theft is classified in California according to the reasonable and fair market value of the property stolen. The law in California penalizes several kinds of theft offenses such as:

• Petty Theft– it is considered petty theft if the amount or value stolen is $400 or less. This is a misdemeanor punishable up to six months of jail, a fine of less than $1,000, community service, probation, and counseling. If the property stolen is $50 or below and the offender had no other conviction related to theft, it is the discretion of the prosecutor if the offense will be charged with an infraction. If the offender has been previously convicted of petty theft, the prosecution may file the second offense as a felony charge rather than a misdemeanor. The penalty is up to 3 years in prison, counseling, probation or parole, fines, as well as community service.

• Shoplifting– Proposition 47 was approved in November 2014 in which shoplifting was added to the Penal Code. An offender intending to steal any item from a retail establishment worth $950 or less is guilty of a misdemeanor punishable for up to 1 year in jail. Taking the merchandise must be done with intent to steal. Otherwise, shoplifting won’t apply if the taking was done through an accident without any desire to deprive the store if the items.

Aside from being criminally liable for this offense, he is also civilly liable to the store owner for:

• Damages $50 to $500
• The value of the stolen product if it is not recovered in a sellable condition

• Grand Theft– this is the stealing of property that amounts to $950 or more may be charged as either a felony or a misdemeanor. Aggravating factors are your criminal history, the value of the item taken, whether a weapon was used, and the criminal sophistication necessary to commit the offense. Obviously, the more serious the crime, the more likely the crime will be charged as a felony. It is punishable by 16 months of imprisonment of up to 3 years depending on the severity of the crime.

• Grand Theft Auto– many states including California enacted special statutes dealing with theft of motor vehicles also known as auto theft. Anyone caught stealing or attempting to steal a vehicle will be punished severely.

Common Theft Crimes in California:

• Shoplifting or Petty theft
• Petty theft with a Prior
• Grand theft
• Burglary
• Robbery
• Armed robbery
• Carjacking
• Vehicular theft
• Larceny
• Money Laundering
• Credit Card Fraud
• Identity theft

The crimes and penalties for theft vary based on the items stolen, its value, as well as the criminal record of the offender.

Are you facing charges of theft?

There are many kinds of theft and due to the severity of the consequences, consulting a criminal defense attorney well-versed in handling theft cases is important especially if you’re not certain of your specific situation. An experienced criminal defense lawyer will help you explore the defenses you may have, discuss your rights, safety plans and options available to you, as well as represent you in a criminal court if the case goes on trial. Call us now at the Law Offices of Marc Grossman for a free consultation.

Expiration of the statute of limitations is a common defense of some criminal defendants.  A statute of limitations is the time limit to sue the accused. In the criminal procedure process, this pertains to the period of time that the district attorney or prosecutor has to take legal action against a defendant. If the district attorney does not file the criminal cases within the applicable statute of limitations, charges against the defendant must be dismissed by the judge.

What is the Purpose of the Statutes of Limitations?

One main justification for a statute of limitations is the unfairness that a delayed trial may cause to the defendant.

The statute of limitations is set to make sure that defendants are also treated fairly.  Evidence to prove the defendant’s innocence to a crime may get lost or destroyed over time. There may be instances that witnesses who may help prove that the defendant did not commit the crime may either be no longer around to testify or they may have already forgotten the facts critical to help the defendant. As such, it becomes unfair to prosecute a person for criminal charges after a certain period of time has lapsed.

California’s criminal statute of limitations sets limits for how long a prosecutor may wait to file formal criminal charges. In most California crimes, time limits start on the day that the crimes were committed. There are exceptions such as child molestation cases, wherein the district attorney must first be made aware of the crime.

California applies a varied period on the statutes of limitation. In some instances, the criminal case must be filed within six years after the crime was committed. In some felonies, the deadline for filing a lawsuit is within three years after the crime was committed. On the other hand, most misdemeanor crimes must be filed within one year after the crime was committed.

As in other states, some crimes have no statute of limitations, meaning there is no time limit as to when the aggrieved party can file charges. A lawsuit can be filed at any time after the crime was committed. These are:

• Offenses punishable by death such as felony-murder
• Crimes punishable by life imprisonment in the state prison or incarceration without the possibility of parole (e.g., murder); and,
• Embezzlement of public funds

Other time tables are as follows:

• Offenses punishable by imprisonment for eight years or more (some exceptions apply): 6 years
• Other offenses punishable by imprisonment (some exceptions): 3 years
• Crimes committed against elders and dependent adults (except for theft or embezzlement): 5 years from the date of the offense
• Offenses involving the production of pornographic material with minors: 10 years
• Failure to register as a sex offender: 10 years
• Misdemeanors: 1 year after the date of the offense
• Crimes against children specifically misdemeanors committed upon a minor under the age of 14: 3 years from the date of the offense
• Sexual offense by physician or therapist with the patient: 2 years

There is also a 4-year statute of limitations from discovery or date of the offense for the following:

• If the offense is punishable by imprisonment and involves fraud or breach of  fiduciary duty
• Theft or embezzlement if the victim is an elder or dependent adult
• Misconduct in office by a public officer, employee, or appointee involving certain specified acts

What is “Tolling”?

“Tolling” or temporarily stopping the statutory limitations is possible in some cases. When a case is “tolled”, this means that the days do not count toward the final limit amount.  The statute of limitations is tolled in the following circumstances:

• If the defendant is out of the state, up to a maximum of three years
• If the defendant has a pending case in the state for the same crime.
• Until the discovery of offense in cases involving procuring or offering a false or forged instrument for record in any public office or using someone else’s personal identifying information for any unlawful purpose
• Until evidence is disclosed to the prosecution.

Are there exceptions to the rule on the statute of limitations?:

• Certain felony sex crimes against victims under 18 may be commenced any time prior to the victim’s 28th birthday, or within 10 years after commission of the offense under certain conditions.
• For child sexual abuse or sexual crime against a victim younger than 18 where the statute of limitations has run, the case can be commenced within 1 year of the date a report is filed with a state law enforcement agency, provided there is admissible, independent corroborating evidence
• Sex crimes committed such as rape and sexual assault may be filed within one year of the date DNA evidence such as DNA match is used to establish the identity of the suspect
• Certain misdemeanors relating to contractor and licensing violations under the Business and Professions Code have specified statutes of limitations ranging from one year to four years

Exceptions also apply if the crime can be charged either as a felony or a misdemeanor. In which case, the limitations period for these offenses will vary depending on the underlying offense under which the defendant will be prosecuted.

What is California’s Discovery Rule?

It is important to note that in certain offenses, the statute of limitations does not begin to run until the offense has been, or could reasonably have been discovered. The Discovery Rule is used to determine when the statutory period for bringing criminal charges begins. The rule says that the SOL clock starts ticking as soon as an offense is discovered. As such, if a person committed a misdemeanor on March 6, 2019, but law enforcement did not know of the crime until February 22, 2021, they may file a lawsuit only until February 22, 2022.

Looking for legal assistance from a criminal defense lawyer in California?

If you’ve been charged with a crime, it’s always a smart move to contact an experienced criminal defense attorney as soon as you can so that you know what your options are.  A criminal lawyer can help build your defense especially if you have a chance to have your case dismissed if the statute of limitations has expired. Call Marc Grossman for a free initial consultation.

Catfishing is a grave concern  in the online community where a person tricks another individual through chat, e-mail or with video software where the other person uses someone else’s identity. When the individual uses another person’s identity or persuades the target to participate in specific tasks, the crime of fraud is feasible and most likely to take place.

Did I Just Break the Law by Catfishing?

Acting like another person online is not prohibited on its own. Nonetheless, the activities of the instigator of catfishing normally participate in some type of prohibited task eventually. The individual with the phony account can participate in criminal activities like violation of copyright, defamation or impersonation with the use of another’s likeness, scams, sex-related infractions with minors or doing illegal activities with a minor. Practically anything the individual does may have lawful implications when she or he catfishes another person. If the criminal stays in another country, she or he may not experience legal consequences for these activities within that place.

If you are in California and feel that you may have participated in catfishing activities, do not delay.  Call one of the best lawyers in Upland, California. The criminal defense attorneys at the Law Office of Marc Grossman may be able to help you avoid criminal charges through a review of your case.

How is Catfishing Illegal? 

Intellectual property infringement may take place with copyright violations where the individual makes use of copyright material. Claiming ownership, making use of various other IP to obtain something from the target or making use of the IP to access another thing may likewise begin fraudulent activities.  Pursuing a case versus the perpetrator of the catfishing is typically hard if she or he is not aware who it is or if the culprit cannot be uncovered. Nonetheless, with the help of an attorney, it is feasible to locate the individual and file a lawsuit such as a civil case, It is also possible to inform the local law enforcers in order to seek justice.

Is Fraud and Catfishing the Same?

The catfisher normally participates in fraudulence when she or he poses as another individual and also joins prohibited tasks to get something beneficial. This can consist of money, property, extra info from another person to commit other scams. The benefits are generally extracted from an individual through bank account information, cash or various other possessions of some type to hurt the target. If the individual is just posing as another person without any intention to take anything from the target, there is no criminal offense done.

I Did Not Ask for Any Money When I Catfished. Is It Still a Crime? 

If you participate in catfishing efforts to obtain cash or products from an individual, you are actually committing fraud. However, residents of other countries that take part in these tasks will certainly at some time generally request cash. It may be revealed through casual conversations where the person appeals to emotions of the target by saying he or she needs money to buy food, gas, or to help a sick family member. As soon an emotional connection is established with the target, the perpetrator will be able to obtain the cash or property out of the goodness of the heart of the target.

How Is A Catfisher Caught?

When the individual participating in catfishing commits criminal fraud, she or he may suffer legal consequences if the target has the ability to recognize who the catfisher is and speak to the authorities in taking the matter to court. This typically calls for the aid of a professional to investigate and locate the person. If the perpetrator is not in the country, the situation will prove more challenging. An international attorney may be necessary to help in such situations.

The victim may require to speak to the authorities as well as participate in collecting proof versus the catfisher. This is feasible with recording software application, talking with the specific individual and getting more information that will enable the police officers or district attorney to file a case of criminal fraud against the perpetrator. The greater number of proof collected, the higher the possibility of getting justice for the damage caused. Collaborating with the authorities as well as a district attorney will help the victim uncover the perpetrator and in so doing, help the authorities charge him or her for criminal fraud. Any loss of cash or property may call for information to hold the perpetrator accountable.

How Can I Defend Myself?

If you participated in catfishing and did not commit fraud but only used the name or picture of another individual, you may still need to secure the legal services of a criminal defense attorney to defend against fraud charges, even if no cash or property was involved. An experienced criminal defense attorney, such as our lawyers at the Law Offices of Marc Grossman could help.  Call us for a free initial consultation. Our criminal defense attorneys in California will fight for you. Contact us now.