Select Theft / Robbery Results
Theft and robbery involve many different types of circumstances, each involving the unpermitted taking of another's property, even if for just a short period of time. The cases include petty theft, such as shoplifting, all the way to armed robbery, where intimidation, force and weapons are used. Petty theft, a misdemeanor, is stealing items with a value under $900, the California statutory limit separating it from grand theft. Other types of theft cases include identity theft, receiving stolen property and burglary. Whatever the charge, our office has the experience in handling your type of case with skill and proficiency.
For your convenience we have categorized our Theft & Robbery results to give our reader a clearer understanding of the cases our firm has handled previously.
If you want to read summaries of any of our firm’s selected theft or robbery cases, click on the following case summaries for a detailed description of each case.
Perhaps no crime other than a sex offense has the long-lasting negative consequences and stigma as a conviction for a theft offense. Indeed, theft is a crime of moral turpitude. It signals dishonesty and the ability to deceive another for selfish personal gain despite the law and ethical fundamentals.
Accordingly, it has special significance for potential employers, citizenship eligibility, college applications and applications to rent housing.
For these reasons, we at Greg Hill & Associates take these cases perhaps more seriously than even our clients. We understand that the prosecutor often believes our client has committed the offense many times over successfully before finally being stopped. Therefore, it is not uncommon to encounter a prosecutor who is more zealous than usual.
The case may be a simple shoplifting offense or a more complex accounting fraud or even a strong arm robbery. Regardless, it is imperative from our perspective to identify the evidence that is helpful to our case and plan our defense strategically to always maintain credibility with the prosecutor.
Sometimes, the client confesses to police and is well documented on a store security tape. In such cases, it is more important to look at “damage control” than fighting the facts. We consequently often recommend that the client immediately take an online shoplifting prevention course offered at the National Association of Shoplifting Prevention or Tom Wilson Counseling Center. If the client then brings us the certificate of completion, we may gain some traction in negotiating a plea bargain that is fair and remove the zeal from a prosecutor’s approach.
In Los Angeles County, as of January 1, 2015, there is a new pilot program effective until January 1, 2020 that allows a judge, over the prosecutor’s objection, to order diversion for qualifying individuals, mostly low-level misdemeanors such a shoplifting. If the client successfully completes the program, he or she may ask the judge to withdraw their plea and dismiss the complaint. The program is called AB 2124 and provided for at Penal Code §§ 1001.94 to 1001.98. An attorney may seek this program by filing a motion for imposition of diversion. We have done this and had such motions granted.
On more serious cases, Proposition 47 allows certain felony offenses involving less than $950 in value to be reclassified as a misdemeanor, which is effective in reducing the maximum time an individual would face in prison or county jail. It also helps shift the case out of felony court to misdemeanor court and may make probation more likely.
Certain theft and robbery cases are too serious for reduction under Proposition 47. The charges may involve residential burglary, which is a strike offense, robbery with the use of a weapon and embezzlement or theft involving thousands of dollars. Depending upon the client’s criminal history and the case facts, various motions may be appropriate to file to help the client and improve the plea bargain. The may include a Romero motion to strike a strike on the client’s criminal history for purposes of sentencing, a Pitchess motion to reveal the officers personnel history of falsifying documents, coercing confessions and racial profiling, as well as a motion for discovery to get a court order for the prosecution to produce documents that it is withholding.