It is no coincidence that the holiday season tends to increase the amount of theft incidents, specifically regarding the taking of gift packages from the outside of people's residences. The massive increase in popularity of online shopping in recent years has created a surge in consumer purchases being made online and packages being shipped to individuals. We are a society of welcomed convenience in our everyday lives, and holiday shopping is no different. Packages tend to be delivered in the open on the front steps or at the door of residences and remain outside and unattended for hours, sometimes days. As Americans, we are also not completely out of a financial recession mentality or reality, therefore resources are limited for many individuals and this often leads to desperation and the frustration of not being able to afford gifts for loved ones. Acting out of desperation and convenience, thefts often occur because the consequences are not taken into consideration and impulses are acted upon.
Elements of Theft Charges in California
One of the most important things to keep in mind when educating yourself on the crime of theft, is that it is considered a "wobbler" charge in California. Essentially this means that when the prosecution files charges they can either classify it as a felony or a misdemeanor. This can work for or against a defendant, depending on which way they decide to "wobble." Therefore it is important to have a San Diego Theft Lawyer on your side to fight for your rights and seek for the charge to "wobble" in favor of a lesser charge when possible.
California Penal Code 484 and 488 state that a theft occurs when there is an intentional and unlawful taking of the personal property of another. The theft may also be classified as petty theft if the value of the property was less than $950. If you acted with another person there may be an additional charge of conspiracy, which entails two or more people conspiring to commit a crime.
Possible Defenses to Theft Crimes
There may be a few possible defenses to your theft charges, depending on the details and circumstances of the alleged incident. A skilled and knowledgeable theft lawyer who understands the elements required will be able to present possible defenses to combat the charges against you appropriately. For example, the defense of mistaken identity may be possible if the neighbor or passerby who claimed to have seen you was mistaken in identifying you as the thief. There may be a misidentification if a car was identified as seen leaving the residence and it cannot be proven that it was your vehicle. If an officer searches your car for the packages they may have done so without the necessary element of probable cause, therefore performing an illegal search.
How a Skilled San Diego Theft Lawyer Can Defend Your Case Today
Understanding the elements of theft and answering questions you have regarding your case can help you identify possible defenses to create the best outcome. Call (858) 999-6921 now to schedule your free consultation with San Diego Theft Lawyer Ashby Sorensen, and get the answers you need regarding your theft charge.
Source : articlesbase.com
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