Theft is the improper taking and carrying away of another person’s belongings with the intent to keep them permanently. The act of taking and carrying away is only considered theft when it is wrongful. You must have control over the property, even for a brief period of time, for taking to occur. The carrying away element is fulfilled when the property is moved from its original location.

Property is not limited to physical property and can include any of the following:

• Real property (i.e. trees, land, real estate)
• Tangible property, which includes any type of property that is not attached to the land
• Information (i.e. files, records)
• Documents (i.e. passports, airplane tickets, money)
• Personal services (i.e. transportation, utilities, food, labor)
• Intellectual property (i.e. talents, skills)
• Personal identifying information (License, passports, credit card information)

Typically the value of the property dictates whether the theft is a misdemeanor or a felony. Based on a 2015 change in the law, most thefts crimes worth less than $950 can be charged as misdemeanors. Theft of property above $950 will be charged as a felony.

The earlier you begin the preparations for fighting your criminal charges, the better chance you have to be successful. Proactive legal groundwork makes a difference. Any time that you have been accused of theft, you should contact a reputable theft, fraud, and embezzlement attorney in San Jose, San Francisco, or San Mateo. An experienced lawyer will inform you of your rights and assist you in navigating the complex legal system. Contact us to schedule your free consultation with Brendan Barrett.