Property crimes encompass a wide range of offenses, including burglary, theft, arson, vandalism, and more. These charges can have significant consequences, potentially resulting in severe penalties such as fines, probation, restitution, and even imprisonment.
We at Pasadena Criminal Attorney understand the stress and uncertainty that comes with facing property crime charges. Our experienced team of criminal defense attorneys in Pasadena has a proven track record of providing dedicated and skilled representation to individuals in similar circumstances. We will work tirelessly to protect your rights, challenge the evidence against you, and explore all available legal options to secure the best possible outcome for your case.
Arson
Arson is a serious property crime that involves the intentional act of setting fire to property, such as buildings, structures, vehicles, or forests. The legal definition of arson is outlined in the California Penal Code Section 451.
According to this statute, arson occurs when a person willfully and maliciously sets fire to or burns any structure, forest, or property. To secure a conviction for arson, the prosecutor must prove the following essential elements beyond a reasonable doubt:
- Willful act — The defendant intentionally and deliberately set fire to or burned the property. Accidental fires or those caused by negligence do not qualify as arson.
- Malicious intent — The defendant had ill will, spite, or an unlawful motive in committing the act of arson. Malicious intent refers to the deliberate desire to cause damage to property or harm to others.
- Property involved — The fire was set on or burned a structure, forest, building, vehicle, or other forms of property, as defined by California law.
Arson can be charged in varying degrees, depending on the specific circumstances and the extent of the damage caused. First-degree arson typically involves inhabited structures, such as homes, while second-degree arson pertains to other types of property.
The penalties for arson can be severe and depend on several factors, including the degree of the offense, the extent of property damage, and whether any injuries or fatalities resulted from the fire. Generally, arson is categorized as a felony.
The penalties for first-degree arson include imprisonment in state prison for up to nine years. Enhanced penalties may apply if great bodily injury or death occurs due to the fire. A conviction of second-degree arson can result in a state prison sentence of up to six years.
Note that the penalties can be enhanced if certain aggravating factors are present, such as arson committed for financial gain, arson of multiple structures, or arson with the intent to harm individuals. Additionally, convicted individuals may face significant fines. The judge may also issue an order for the convicted individual to restitute the victim.
Trespass
Trespass is a property crime that involves entering or remaining on someone else's property without lawful permission. In California, the legal definition of trespass is outlined in the California Penal Code Section 602.
According to this statute, there are various forms of trespass, including entering specific types of property or refusing to leave after being asked to do so by the owner, occupant, or authorized representative. To secure a conviction for trespass, the prosecutor must prove the following essential elements beyond a reasonable doubt:
- Entry or remaining —The defendant intentionally entered or remained on someone else's property without permission. Entry refers to physically crossing onto the property while remaining means staying on the property after being permitted and then being asked to leave.
- Lack of permission — The defendant did not have lawful authority, consent, or a legal right to enter or remain on the property. If the owner, occupant, or authorized representative gave explicit permission, it would negate the element of lack of permission.
- Knowledge of lack of permission — The defendant knew or reasonably should have known that they did not have permission to enter or remain on the property. It implies that the defendant was aware of their lack of lawful authority or consent.
The case's specific circumstances will dictate the degree of trespass charged. The penalties for trespass vary depending on the circumstances and the degree of the offense.
Trespass can be charged as an infraction, misdemeanor, or felony. Trespass as an infraction typically applies to trespass on private property that is not residential. The penalties for trespass as an infraction may include a fine of up to $75 for a first offense and up to $250 for a second offense on the same land.
Misdemeanor trespass generally applies to trespass on residential property or public land. The penalties for misdemeanor trespass may include imprisonment in county jail for up to six months or a fine of up to $1,000.
You could be charged with trespass as a felony if you had threatened to injure another person seriously and, within 30 days after making the threat, you entered their property intending to carry out the threat. As a felony, trespass attracts a jail sentence of up to three years or a fine of up to $10,000.
Vandalism
Vandalism is a property crime that involves the intentional act of damaging, defacing, or destroying another person's property without lawful permission. In California, the legal definition of vandalism is outlined in the California Penal Code Section 594.
According to this statute, vandalism encompasses various actions, including graffiti, etching, scratching, painting, or otherwise marking or damaging property. To secure a conviction for vandalism, the prosecutor must prove the following essential elements beyond a reasonable doubt:
- Willful act — The defendant willfully and deliberately damaged, defaced, or destroyed someone else's property. Accidental damage or actions without intent to cause harm do not meet the element of a willful act.
- Property damage — The defendant's actions resulted in actual damage to the property. The damage can include physical harm, alteration of the property's appearance, or impairment of its function.
- Lack of lawful permission — The defendant did not have lawful authority, consent, or a legal right to damage the property. If the property owner gave explicit permission for the defendant's actions, it would negate the element of lack of lawful permission.
Note that the value of the damaged property is not a necessary element for the prosecution to prove a vandalism charge. However, the value of the damage may impact the potential penalties.
The penalties for vandalism can vary based on several factors, including the extent of the damage, the value of the damaged property, and the defendant's criminal history. You will be charged with vandalism as a misdemeanor if the property's value is less than $400. The penalties for misdemeanor vandalism include imprisonment in county jail for up to one year or a fine of up to $5,000. The judge may also order restitution to compensate the victim for the property damage.
You will be charged with vandalism as a felony if the property's value is $400 or more. The penalties for felony vandalism may include imprisonment in county jail or state prison for up to three years or a fine of up to $10,000. The judge may also order restitution to compensate the victim for the property damage. The penalties can be enhanced if the vandalism involves a hate crime or the damage causes great monetary loss.
Damaging Phone, Electrical, or Utility Lines
Damaging phone, electrical, or utility lines is a property crime that involves intentionally causing harm or interfering with the operation of communication, electrical, or utility lines. In California, the legal definition of damaging such lines is outlined in the California Penal Code Section 591.
According to this statute, damaging phone, electrical, or utility lines refers to willfully, maliciously, or wantonly obstructing, injuring, disconnecting, removing, or damaging any line, wire, cable, or apparatus used for communication, electrical distribution, or utility services. To secure a conviction for damaging phone, electrical, or utility lines, the prosecutor must prove the following essential elements beyond a reasonable doubt:
- Willful act — The defendant intentionally and deliberately engaged in an act that obstructed, damaged, disconnected, removed, or injured phone, electrical, or utility lines. Accidental actions or actions without intent to cause harm do not meet the element of willful act.
- Malicious or wanton conduct — The defendant's act was done with malice or wantonness, indicating an intent to cause harm or disregard for the consequences of their actions. Malice refers to ill will or spite, while wantonness refers to reckless disregard for the safety and well-being of others.
- Interference with communication, electrical, or utility lines — The defendant's act obstructed, damaged, disconnected, removed, or injured lines, wires, cables, or apparatus used for communication, electrical distribution, or utility services.
The case's specific circumstances, such as the extent of the damage caused and any resulting disruption of services, can influence the severity of the offense and the potential penalties. You will be charged with this criminal offense as a misdemeanor if the damage did not cause a significant disruption or injury. As a misdemeanor, damaging phones, electrical, or utility lines attracts a jail sentence of up to one year or a fine of up to $1,000.
On the other hand, you will be charged with this criminal offense as a felony if the damage caused significant disruption to communication, electrical, or utility lines or endangered public safety. As a felony, damaging phones, electrical, or utility lines attracts a state prison sentence of up to three years or a fine of up to $10,000.
Theft
Theft is a property crime that involves the unlawful taking and carrying away of someone else's property without their consent. In California, the legal definition of theft is outlined in the California Penal Code Section 484.
According to this statute, theft occurs when a person knowingly and intentionally takes, obtains, or appropriates someone else's property, depriving the owner of its possession and intending to permanently deprive them of its use. To secure a conviction for theft, the prosecutor must prove the following essential elements beyond a reasonable doubt:
- Unlawful taking — The defendant unlawfully and intentionally took or obtained possession of another person's property. This includes actions such as physically removing, obtaining control over, or exercising control over the property.
- Lack of consent — The defendant took the property without the owner's consent or exceeding the scope of the owner's permission. If the owner voluntarily and willingly permitted the defendant to take the property, it would negate the element of lack of consent.
- Intent to permanently deprive — The defendant had the specific intent to permanently deprive the owner of their property. The intent to permanently deprive means that the defendant intended to keep the property for themselves or dispose of it in a way that prevents the owner from recovering it.
The case's specific circumstances, such as the value of the property stolen or the use of force or threats during the theft, can affect the potential penalties. There are two categories of theft in California: petty and grand theft.
Petty theft involves theft of property valued at $950 or less. It is categorized as a misdemeanor. Its penalties may include imprisonment in county jail for up to six months or a fine of up to $1,000.
Grand theft involves the theft of property valued at over $950. It can be charged as a misdemeanor or a felony, depending on the circumstances. As a misdemeanor, its penalties may include imprisonment in county jail for up to one year or a fine of up to $1,000. The penalty for felony grand theft is an imprisonment term of up to three years or a fine of up to $10,000. Aggravating factors, such as prior theft convictions, theft involving certain types of property (for instance, agricultural products or livestock), or theft committed against vulnerable individuals, can lead to enhanced penalties.
Burglary
Burglary is a property crime that involves entering a building or structure with the intent to commit a felony, theft, or any other unlawful act. In California, the legal definition of burglary is outlined in the California Penal Code Section 459.
According to this statute, burglary is the act of entering any structure, room, or locked vehicle, such as a home, business, or car, with the intent to commit a crime inside. To secure a conviction for burglary, the prosecutor must prove the following essential elements beyond a reasonable doubt:
- Entry — The defendant entered a building, structure, room, or locked vehicle. Entry can be established through physical entry or by extending any part of the defendant's body or an instrument into the building or structure.
- Intent — The defendant had the specific intent to commit a felony, theft, or any other unlawful act inside the building or structure at the time of entry. The intent must exist prior to or at the time of entry and cannot be formed after entering.
Note that the law does not require proof of the completion or commission of the intended felony or unlawful act. The focus is on the act of entering with the requisite intent. The penalties for burglary can vary depending on several factors, including the type of structure, whether the burglary was committed in a residential or non-residential setting, and the defendant's criminal history.
The criminal offense of burglary is categorized into two types: first-degree burglary and second-degree burglary. First-degree burglary involves burglary of an inhabited dwelling. It is deemed to be a felony. Its penalties may include imprisonment in state prison for up to six years.
On the other hand, second-degree burglary involves burglary of a non-inhabited structure (for instance, a commercial building, unoccupied residence, or locked vehicle). Second-degree burglary is a wobbler. This means it can be charged as a felony or a misdemeanor, depending on the circumstances.
As a felony, second-degree burglary attracts an imprisonment term of up to three years. The penalty for misdemeanor second-degree burglary is a jail sentence of up to one year. Note that certain circumstances, such as the use of a deadly weapon during the burglary or the presence of multiple prior burglary convictions, can lead to enhanced penalties.
Robbery
Robbery is defined in California Penal Code Section 211 as the taking of personal property in the possession of another, from their person or immediate presence, against their will, accomplished using force or fear. To convict a defendant of robbery, the prosecutor must prove the following elements beyond a reasonable doubt:
- The defendant took personal property.
- The property was in the possession of another person.
- The property was taken from the person's person or immediate presence.
- The taking was against the person's will.
- The taking was accomplished by means of force or fear.
Robbery is a felony in California. The penalties for robbery depend on the degree of the offense. First-degree robbery is punishable by a state prison sentence of three to nine years. Second-degree robbery is punishable by a state prison sentence of two to five years.
In addition to the base penalties for robbery, several additional penalties may be imposed, depending on the circumstances of the offense. These additional penalties include:
- A fine of up to $10,000.
- A mandatory restitution order requiring the defendant to pay the victim for the value of the property taken.
- A strike under California's Three Strikes Law, which can result in a longer prison sentence if the defendant is convicted of a subsequent felony.
Shoplifting
Shoplifting is defined in California Penal Code Section 459.5 as entering a commercial establishment with the intent to commit larceny while it is open during regular business hours and the value of the property taken, or intended to be taken, is $950 or less. To convict a defendant of shoplifting, the prosecutor must prove the following elements beyond a reasonable doubt:
- The defendant entered a commercial establishment.
- The defendant had the intent to commit larceny.
- The value of the property taken, or intended to be taken, was $950 or less.
Shoplifting is a misdemeanor in California. The penalties for shoplifting depend on the defendant's criminal history. If the defendant has no prior convictions for shoplifting, the maximum penalty is six months in county jail and a fine of up to $1,000. If the defendant has one or more prior convictions for shoplifting, the maximum penalty is one year in county jail and a fine of up to $2,500. In addition to the base penalties for shoplifting, the judge may order the defendant to restitute the victim.
Auto Theft
Auto theft is defined as the taking of a motor vehicle without the consent of the owner. Auto theft is a wobbler offense, which means that it can be charged as a misdemeanor or a felony, depending on the circumstances of the offense.
The penalties for auto theft in California depend on the vehicle's value and the defendant's criminal history. If the vehicle's value is less than $950, the offense is petty theft, a misdemeanor. The maximum penalty for petty theft is six months in county jail and a fine of up to $1,000.
If the vehicle's value exceeds $950, the offense is grand theft auto. Grand theft auto is a felony. The penalties for grand theft auto depend on the defendant's criminal history. If the defendant has no prior convictions for theft, the maximum penalty is three years in state prison. If the defendant has one or more prior convictions for theft, the maximum penalty is six years in state prison.
In addition to the base penalties for auto theft, there are a number of additional penalties that may be imposed, depending on the circumstances of the offense. These additional penalties include:
- A restitution order requiring the defendant to pay the victim for the value of the vehicle.
- A vehicle theft enhancement, which can add one to four years to the sentence if the defendant has a prior conviction for vehicle theft.
- A gang enhancement, which can add one to five years to the sentence if the defendant was a member of a criminal gang at the time of the offense.
If you are charged with auto theft, speaking with an experienced criminal defense attorney as soon as possible is important. An attorney can help you understand the charges against you and your options for defense.
Find a Pasadena Criminal Defense Attorney Near Me
If you or your loved one has been charged with any of these criminal offenses, it is crucial to seek legal representation. We at Pasadena Criminal Attorney are here to help you.
We can help you build a solid defense strategy to fight your criminal charges. We will also protect your rights throughout the legal process. Call us today at 626-689-2277 for a free consultation.
