Theft , embezzlement, and forgery are nonviolent, “white collar” crimes. While they are usually considered to be less serious than violent crimes, being convicted of these offenses could still have a lasting negative impact on your future. If you find yourself facing charges for any of these crimes, consult with Maria Cavalluzzi & Michael Cavalluzzi, theft and embezzlement attorneys serving the Beverly Hills area. We provide aggressive, expert representation for those who have been accused of white collar crimes.
The information should not be taken as legal advice. The descriptions below have been condensed and paraphrased from California laws. For information that is specific to your own case, contact the theft/embezzlement attorneys at Cavalluzzi & Cavalluzzi for a free case review.
484(a): Petty Theft
Any time a person steals, takes, and/or carries away the personal property of another with the intent to deprive them of it permanently. This charge is a misdemeanor only.
459: First-Degree (Residential) Burglary
Any time a person enters an inhabited dwelling house (or some other designated type of inhabited location) with the intent to commit a theft or any felony. This charge is always a felony, and conviction of this theft offense counts as a strike under California’s Three Strikes Law.
459: Second-Degree (Commercial) Burglary
Any time a person enters a commercial building with the intent to commit a theft or any felony. This charge is always a felony. There are other types of second-degree burglary, but commercial burglary is the most common charge.
487(a): Grand Theft
Any time a person steals, takes, and/or carries away the personal property of another with the intent to deprive them of it permanently, when the property being taken exceeds $400 in value. This offense may be filed as either felony theft or misdemeanor theft.
211: Robbery
Any time a person unlawfully, and by means of force or fear, takes personal property from the person, possession, and immediate presence of another. This theft charge is a felony. A conviction for 211 is a strike under the Three Strikes Law.
496(a): Receiving Stolen Property
Any time a person buys or receives any property that they know has been stolen or obtained in an illegal manner. This offense may be a misdemeanor or a felony charge.
666: Petty Theft With a Prior
Any time a person commits a petty theft after having been previously convicted of a theft-related offense and sentenced to serve time in any penal institution. This charge may be either a felony or a misdemeanor.
10851(a): Joyriding
Any time a person drives or takes a vehicle that is not his or her own, without the consent of the owner, and with intent to deprive the rightful owner of it either permanently or temporarily. Joyriding may be filed as either a misdemeanor or felony. You do not have to steal the vehicle in order to be charged with 10851(a). Merely driving a vehicle without the permission of the owner is enough to be charged with this offense.
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PC 484(a) — Petty Theft:
Minimum: Probation and fine
Maximum: 180 days in county jail
PC 459 — Second Degree/Commercial Burglary, 487(a) — Grand Theft, 496(a) — Receiving Stolen Property, 666 — Petty Theft With a Prior, and VC 10851(a) — Joyriding
Misdemeanor Minimum: Probation and fine
Misdemeanor Maximum: 365 days in county jail
Felony Minimum: Probation and fine
Felony Maximum: 3 years in state prison
459 — First Degree/Residential Burglary
Minimum: Probation and fine
Maximum: 6 years in state prison
211 — Robbery
Minimum: Probation and fine
Maximum: 5 years in state prison
Probation is a span of time during which you must adhere to certain stipulations (performing community service and paying fines, for example) and avoid legal trouble. If you do not, you may face the maximum penalty for the theft offense you were convicted of. Theft probation usually lasts between 3 and 5 years. If you have been charged with violating your probation, you have the option of participating in a probation violation hearing. The best course, though, is to seek the least possible probation time and comply with it while it lasts. The t heft attorneys at Cavalluzzi & Cavalluzzi in Beverly Hills may be able to have the amount of probation time you face reduced or eliminated entirely. Contact our defense attorneys for a free case review.
If you have been convicted of misdemeanor theft, you will most likely receive “summary probation,” which means that you will not have a probation officer and will not have to pay fines. Note, however, that you can simultaneously receive probation and go to jail in some cases.
If you are convicted of felony theft, you will most likely receive formal probation, with fines to pay (often $1,500 and more) and a probation officer. You could be sentenced to 365 days in jail and simultaneously receive probation. Experienced theft attorneys may be able to get a felony reduced to a misdemeanor.
If you are convicted of theft, the terms of your probation may require you to pay the victim restitution in order to compensate him or her for the theft. The restitution may amount to thousands of dollars, and if you fail to pay it, you will have violated your probation and you may receive jail time. The theft attorneys at Cavalluzzi & Cavalluzzi in Beverly Hills/West Hollywood will work to get the amount of restitution reduced or eliminated altogether. When restitution cannot be eliminated entirely, our experienced theft attorneys can help arrange a reasonable payment schedule.
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A: Most often, no. But a prosecutor may try to sentence you to one day or more in jail in order to make the crime “priorable.” This means that the punishment would increase if you were to again be arrested for petty theft (allowing you to be charged under Penal Code Section 666: petty theft with a prior conviction).
A: Thefts are crimes of “moral turpitude,” which means that they reflect negatively on your character. An employer would likely be negatively influenced by theft convictions on your record. Once you have completed your probation, though, many theft offenses can be removed from your record.
A: Whether or not you are sentenced to prison will depend on the seriousness of the theft and whether you have a criminal record. If the theft does not involve a large sum of money and you have a short (or nonexistent) criminal record, you will most likely not serve time in prison. Theft attorneys can help you avoid incarceration. Contact Cavalluzzi & Cavalluzzi in Beverly Hills for a free case evaluation.
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Embezzlement is the wrongful use of another person’s property and/or money after it has been entrusted to you. Embezzlement can include credit card fraud, check fraud, property theft, or identity theft. The loss can involve very little money, thousands of dollars, or millions of dollars. Depending on the circumstances, embezzlement can carry severe penalties, and facing these charges can be traumatic and embarrassing. At risk are your job, your own property, and your freedom. Thus, if you have been charged with embezzlement, you need embezzlement attorneys. Cavalluzzi & Cavalluzzi in the Beverly Hills area is a firm that is highly experienced in white-collar cases.
The prosecutor has the burden of proof in an embezzlement case. He or she must prove that the defendant converted the property and/or money to his or her own possession illegally. The prosecutor must also prove the following: 1) The defendant converted the assets to his or her own possession via his or her employment. 2) Trust had been established between the defendant and the victim. 3) The manner in which the assets were taken involved fraudulent claims or activities or constituted a misappropriation. 4) The defendant intended to take the assets from the person or company that owned them.
Sometimes the line between guilty and not guilty is unclear, as some people find themselves in situations that were unintended and unplanned. Skilled embezzlement attorneys can help raise the issue of reasonable doubt and ensure that your personal rights are maintained. If you have been charged with embezzlement, contact our embezzlement attorneys in Beverly Hills for a free case review. Cavalluzzi & Cavalluzzi can provide expert defense during a stressful time.
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Forgery can be defined as a person making a false writing or materially altering genuine writing that has legal significance or is frequently relied upon in business transactions. This writing can include handwriting, typewriting, printing, and/or engraving. checks, stock certificates, bonds, wills, mortgages, contracts, and promissory notes are all documents with legal significance. Business documents that are sometimes forged include letters of recommendation and invoices.
The burden of proving forgery lies with the prosecutor. The defendant must be shown to have intended to defraud someone with their actions. It is not necessary, though, for the victim to have lost money or property due to the forgery.
If you have been charged with forgery, you will need the help of attorneys who are experienced with white-collar crime cases. Forgery attorneys can help raise the question of doubt regarding intention. Reasonable doubt can mean the difference between severe penalties and no penalties at all.
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Theft, embezzlement , and forgery are nonviolent crimes, but they may still carry severe penalties. Don’t trust your future and your reputation to attorneys who are not experienced with these types of cases. Contact Cavalluzzi & Cavalluzzi to speak with forgery, theft, and embezzlement attorneys. We are near Beverly Hills and serve all of Los Angeles County. Call or email us today for a free review of your case.
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If you are in need of embezzlement or theft attorneys in Beverly Hills, contact the law firm of Cavalluzzi & Cavalluzzi.
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Law Offices of
Cavalluzzi & Cavalluzzi
9200 Sunset Blvd. #807
Los Angeles, California 90069
Phone: (866) 623-0004
Fax: (310) 246-2606