Category Archives: Theft

Receiving stolen property [Penal Code Section 496(a)] - Orange County defense

February 25, 2010

Receiving Stolen Property in Orange County
What are the elements?
Penal Code section 496, commonly known as receiving or possessing stolen property, falls under the broad category of theft charges, but there are a couple of twists.  First, in a theft case, the prosecution must prove that you took something with a specific intent to deprive the [...]

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Residential Burglary (Penal Code section 459) - Orange County

February 18, 2010

There are two degrees of burglary in California - first degree for residential burglary and second degree for all others.
Residential burglary, sometimes commonly referred to as “breaking and entering,” is the unauthorized entry into a residence (which can include things like motel rooms, apartments and condominiums as well as single family houses) with the intent [...]

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What’s the difference between grand theft and petty theft? Orange County defense

October 13, 2009

Under California law, theft is generally divided into two categories:  Grand Theft and Petty Theft.
Theft is defined as taking the property of another with the intent to permanently deprive them of their property (Penal Code section 484).  Which version of theft depends on the value of the property, the way it was taken or the [...]

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Carjacking - Orange County criminal defense

May 19, 2009

In another post, I discussed the crime of robbery.  Although robbery can apply to the taking of any property by force, if the property taken is a motor vehicle (including cars, trucks, motorcycles and scooters), it can also be charged under Penal Code section 215 - Carjacking.
Carjacking is taking of a motor vehicle from a [...]

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Robbery - Orange County defense lawyer

March 31, 2009

Robbery - the elements, weapons enhancements and defenses
Robbery (Penal Code section 211) is the taking of property from another without consent by force or fear.  First degree robbery (robbery in an inhabited house, a cab or bus driver or at an ATM machine) is a felony and carries a possible sentence of from three to [...]

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