When a person is arrested for a property crime, it's important that they take it seriously. The consequences may include jail time, probation, license revocation, loss of privileges, and a permanent criminal record that may limit future job prospects or educational opportunities, depending on the nature of the crime and the property involved.
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Fortunately, the accused can turn to an experienced criminal defense lawyer at Goss Law for expert advice!
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What Is a Property Crime?
Crimes against people and crimes involving property make up the two main types of criminal offenses in California. Crimes that affect a person's physical or mental health are referred to as "crimes against the person." On the other hand, property crimes involve a wide range of interference with another person's property, including damage, larceny, theft, and more.
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Therefore, acts that impede a person's right to utilize or enjoy their personal property are included in the broad group of crimes known as "offenses against property" or "property crimes" under the criminal code.
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Such crimes are typically classified as misdemeanors, carrying fines or a jail sentence of up to one year. Still, they can be considered felony offenses if they are perpetrated in conjunction with the use of a lethal weapon.
The victims of such crimes may also request civil remedies. This might help them recover any losses incurred during the alleged property crime.
Types of Crimes Against Properties
There are several types of crimes that fall into this category. The section below will cover some of the most common.
Grand Theft or Petty Theft Crimes
Any act of stealing, such as embezzlement, robbery, false pretenses, and larceny, is referred to as theft in the general sense. These crimes can be prosecuted as either felony offenses or misdemeanor offenses, depending on the value of the stolen items and the jurisdiction in which the crime took place.
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Here are some examples of theft crimes:
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Shoplifting - Taking property from a commercial store
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Grand theft - Stealing property over $950
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Petty theft - Stealing property valued at under $950
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Car burglary
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Receiving stolen property
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Carjacking
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Grand theft auto
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Theft of a firearm
Structure Crimes
All three of these offenses—vandalism, burglary, and arson—are categorized as "structure crimes" because they destroy real property rather than just a victim's possessions. Like stealing, based on the jurisdiction and the degree of the destruction of property, structure crimes may likewise be prosecuted as misdemeanors or felonies.
Can an Experienced Criminal Defense Attorney Argue Against Property Crime Allegations?
The truth is that facing criminal charges can be stressful. After all, false allegations could lead to a lengthy prison sentence if the District Attorney is convinced that the accused is the guilty party.
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However, the good news is that a criminal defense lawyer can help to protect the rights of the defendant and ensure that he or she isn't facing erroneous charges. An attorney can also work to reduce the sentence.
A suspect could also have some arguments to fight property crime charges, depending on the circumstances and details of the case. Private or private necessity, error, and coercion are common defenses against property offenses.
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Are Violent Crimes and Crimes Against Property the Same Thing?
It is essential to remember that, despite the occasional overlap, crimes against property are generally distinguished from offenses involving malicious harm to property or violent crimes.
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The primary distinction between the two is that while criminal damage to a property typically includes some type of physical harm to tangible property, the crimes against property are more closely related to stealing and grand theft.
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Violent crimes involve force, or the threat of force, whereas a property crime may not necessarily involve these two elements. Moreover, violent crime charges are generally prosecuted as felonies because they are more serious.
How to Choose the Best Sacramento Criminal Defense Attorney
Many clients wonder how to choose the right attorney. Defending a property crime can be an uphill battle, so it's important for the accused to have a trusted advisor at their side to ensure that their rights are always protected.
The lawyer that the defendant chooses must be one that has been in the industry for a long time with a good track record. Moreover, the law office should also be courteous and treat the case with the seriousness and urgency it deserves.
What to Do When Being Charged with a Property Crime
Many cases have been lost because the accused made mistakes before consulting with a defense attorney for property offenses. The information that follows is not legal counsel. Those facing charges are encouraged to contact Goss Law for excellent legal counsel from a tenacious criminal defense attorney.
Do Not Resist Arrest
When the accused resists arrest, it could lead to a number of complications that do not work in their favor, so it's best to go with law enforcement without hesitance.
Hire a Lawyer
Hiring an attorney is one of the first steps when facing property crime charges. A criminal defense lawyer will ensure that the legal rights of the defendant are upheld.
Don't Lie
The accused could face further charges if they attempt to lie. During a trial, the prosecution may mention the lie, which could change the jurors' minds against them.
Only Answer Questions with a Lawyer Present
Defendants are allowed to keep quiet and only answer questions with their lawyer present. They can inform law enforcement of their intention to invoke their Fifth Amendment rights.
Goss Law Is Here to Help!
A felony conviction can have grave consequences. Those found guilty of the illegal possession of an assault weapon, illegal sale, or other gun-related offense risk going to county jail or state prison for a gun-related crime and having a permanent criminal record.
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The good news is that a criminal defense attorney in Sacramento can help to get these charges dropped. A defense attorney is well-versed in state and federal law and can provide the counsel and defense required to prevent a gun crime from becoming a permanent criminal record.
Because every case is different with its own unique facts, it's important for defendants to book a free consultation with an attorney at Goss Law to talk about the specifics of their cases.
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