A conviction for any type of theft offense may have long-term and serious consequences for your life. If you have been arrested for or charged with theft, obtaining the help of a skilled criminal defense lawyer may make a critical difference in your case. With nearly 30 years of experience, San Diego theft lawyer Roseline D. Feral has the skill and dedication to handle your case. She can probe the prosecution’s case for any weaknesses that she can exploit and also gather evidence to convincingly show what happened.Understanding Theft Offenses
Theft is the unlawful taking of something (tangible or intangible) with the intent to steal. These crimes vary greatly in degrees of severity, some being charged as misdemeanors and others as felonies. Some common types of theft charges include:
- Petty theft, which applies to thefts of property worth $950 or less;
- Grand theft, which applies to thefts of property worth over $950, such as the theft of automobiles or firearms;
- Receiving stolen property;
- Commercial burglary; and
- Check fraud.
If you have been charged with one of these crimes in San Diego, an experienced theft attorney can examine the facts of the case to determine whether you may benefit from asserting a defense. For example, you may be able to argue that you were the owner of the item in question or had rightful possession of it at the time. The owner also may have consented to give you possession of the item, or you may have lacked the specific intent to steal it, such as if you were intoxicated. In other cases, law enforcement may have encouraged you to commit a crime that you would not have otherwise committed, possibly resulting in an entrapment defense. If you invoke a defense, the jury must consider that defense in view of all of the facts presented. The prosecution must show beyond a reasonable doubt that the defense is not applicable.
In some cases, the evidence gathered in a theft case may be challenged and may be deemed inadmissible if it was obtained through a violation of an individual’s Fourth Amendment right to be secure in their person, home, papers, and effects against unreasonable searches and seizures by law enforcement. In other words, police typically cannot search your belongings or you without having a valid search warrant or probable cause. Whether the police acted within the parameters of the law is often an issue that is contested throughout the proceedings.
Other constitutional rights like the Sixth Amendment right to counsel apply to defendants who have been charged with theft or other crimes. The right to counsel takes effect at the time of the arraignment and extends through trial.Discuss Your Situation with a Theft Attorney in San Diego
If you have been charged with a theft crime, you should consult a seasoned San Diego theft lawyer as soon as possible. At the Law Offices of Roseline D. Feral, we are committed to helping you understand and protect your rights. We proudly represent residents of Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, as well as other Southern California cities. You can contact us online or call our office at 619-232-1010 to set up an appointment. You also may contact Attorney Feral at 619-301-1191. In addition to fighting theft charges, we can assist people who are seeking a DUI lawyer or guidance in another type of criminal proceeding.