What distinguishes grand theft from petty theft?
In most states, if the value of the stolen property is $500 or less, it is a petty theft. If it is over $500, it is considered grand theft and can carry felony charges. The penalties for these crimes can be very different and could include more than a year in prison, fines and restitution.
Theft from Home
This is often a difficult case to win, especially if the property was not actually taken from home but from a friend or neighbor. Usually, these people are very close to the person who is being accused of theft and they will likely not press charges. In other cases, the police will be contacted by an angry and suspicious neighbor who has caught the offender red-handed taking something of theirs.
A good defense to this is if the property is worth more than $950 or if the person who is being charged with the crime used the labor or services of another valued at over $950. If the prosecutor can’t prove this then you should be charged with petty theft, not grand theft.
This crime is similar to grand theft because the person who is being charged with it also made a threat or use of force, fear or intimidation to gain possession of the property. The threat or intimidation can include physical harm to the victim.
It is important to note that this is a wobbler offense which means that it can be charged as either a misdemeanor or felony depending on the facts of the case and the defendant’s criminal history. It is a serious charge that can have immigration consequences, career implications and may even impact the future of the person charged with it.
When a person is charged with grand theft by larceny, it is important to understand that this is a crime of moral turpitude and is a serious offense that can have severe effects on a defendant’s career. This is why it is so important to hire a skilled and experienced criminal defense attorney.
To prove that a person is guilty of grand theft by larceny, the prosecution has to show that they intended to steal property not belonging to them and that they believed the victim would believe it. This can be challenging to prove in some cases because it can involve context and back-story.
A common example of this is where someone takes a friend’s computer and they don’t intend to return it. This could be a very strong case for a defendant who is charged with grand theft by larceny because it involves fraud and the use of false pretenses to take the property from the victim.
A strong argument in this case is that the person took the property because they thought it was theirs and they honestly believed they were taking it back. However, it is still a tough case to win and requires strong persuasive evidence that the person truly did not mean to steal something that belonged to another person.