how much are lawyer for pety theft

by Mr. Dalton Lowe 7 min read

If the lawyer charges a flat rate, then you may have to part with anywhere between 1,000 to 3,000 dollars. If the case goes to trial, then things get even more elevated with the price increase. You may have to pay between 5,000 and 8,000 dollars.

A lawyer costs about $2,000 to $3,000 for a misdemeanor. According to Nolo, “a defendant charged with a misdemeanor that goes to trial should not be surprised by a legal fee in the neighborhood of $2,000–$3,000; an attorney may want an advance of around $2,500, and $1,000 per day of trial in a felony case.”Mar 20, 2020

Full Answer

Can I be charged for petty theft?

Oct 27, 2013 · It depends. Many criminal attorneys charge one fee for pretrial work and another fee for trial if it comes to that. Most cases resolve without a trial, so the trial fee is probably not going to happen. Cases like the one you describe tend to cost between $2,500 and $5,000 - sometimes more and sometimes less.

What is the threshold value for petty theft?

Aug 15, 2011 · As such, your potential financial losses and the impact it could have on your future could greatly exceed any amount you would an attorney. How much you pay an attorney depends upon the facts of your case. Figure at minimum $1500.00. Consult with an attorney!

What is petty theft and Grand Theft?

Oct 03, 2021 · Penal Code Section 490.1: (a) Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related conviction.

What do you need to be convicted of petty theft?

Oct 18, 2017 · Petty theft is a misdemeanor offense alleged when the property stolen is valued at less than $950. Petty theft crimes are often charged under Sections 484(a) & 488 of the California Penal Code. If the property stolen is valued at $950 or more, then the crime can be charged as Grand Theft, which can be punished as either a felony or a misdemeanor.


What is petty theft?

Petty theft is a type of crime that includes things or properties of low value. In many states, petty theft is considered to be unlawful and is severely punished.

Typical petty theft penalties

As per statistics released by the FBI, the arrest rate for larceny-theft was 326.5 per 100,000 inhabitants . Even though not all these arrests for petty thefts may lead to charges, just know that the consequences can be severe when charged and convicted in some states.

Typical legal defenses

The experienced and skilled petty theft lawyers usually know all the possible legal defenses that can be used in such cases.

Who are petty theft lawyers

Petty theft lawyers offer legal representation for petty theft and shoplifting crimes. They ensure that your rights are secured. This is done at the state and federal level. A criminal attorney should be contacted when one is faced with these kinds of offenses.

Do I need a private criminal lawyer for a petty theft defense?

Petty theft and shoplifting offenses come with penalties that differ from one state to the next. The best thing is that there are many options when it comes to representation and this includes self-representation.

How can a private law firm near me be helpful?

It is important to contact a criminal defense lawyer as soon as you are faced with a shoplifting or petty theft crime. This is because a shoplifting law firm near you can represent you aggressively and make sure that your privileges, rights, and interests are protected.

Petty theft lawyer costs

The actual costs of hiring a petty theft lawyer depend on many factors. There are many variables such as the experience of the attorney, the city or state where the crime was committed, the nature of the crime, and even whether the case is taken to court or not.

What does it mean when you are proven guilty?

If you have been proven guilty, then that means there are no criminal charges or record of conviction after a trial acquitting you, so what do you need a lawyer for?

Why do I need a lawyer if I don't hire a lawyer?

First of all, how can you have possibly been proven guilty already when your court date is still in the future?! Secondly, if you do not hire a lawyer, you are guaranteed to have a crime of moral turpitude on your record, so say good by to any good jobs when you graduate. You will absolutely need a lawyer if you even wish to minimize the consequences, like reducing the charge, or earning a dismissal in some kind of negotiated settlement.

Can you be found guilty of a crime if you have no record?

Until you have pled guilty or been found guilty by a jury, you are not guilty. Get an attorney he may be able to get you a deal where you end up with no record. This could limit your career options otherwise.

Does the court keep bail money?

The court does not keep the bail money if you appear for your court dates. There is a compromise of misdemeanor that can keep an offense off a record and a SOC can often result in a dismissal and there may be factual and legal defenses in your case. You may save money now by representing yourself but a lawyer may get you a favorable result which is important in today's job market since a lot of employers do background checks.

Can you be charged with petty theft?

Bail is usually not charged for a first offense petty theft. Usually just a ticket is given by the police with a promise to appear. If the case was grand theft, over $1000, then it can be charged as a felony or misdemeanour and while you may be released on O.R., it would take longer. So the seriousness of the case depends on the amount of property taken or whether there were "burglary tools" taken into the stores, such as "booster bags", or wire cutters to remove sensors. Then the case can be charged as a burglary. If it appears as though you and your friend worked together to take or conceal items, then you will bear charged jointly with her. Yes you should get an attorney. With a 4.0, this can be much worse on a career than having a 2.0 GPA in school.

Do you have to have a lawyer if you have a lifetime criminal record?

You have not been proven guilty, as you have not been tried. A lawyer is a must if you want to assure you will not have a lifetime criminal record.

Should I hire an attorney if I'm guilty?

You should always hire an attorney, even if you think you are "guilty." Firstly, it always must be proven. Secondly, I've had clients who thought they had done something wrong and in reality had not. Thirdly, a good lawyer will get you the best results. How much that costs depends on the area you are from and the skill of the attorney. If you get diversion, there will be no conviction on your record. If you do get convicted, you can get it expunged once you are off probation.

What is the value of a petty theft?

The crime of petty theft is committed when: The value of the property is $950 or less; The property is not taken directly from the owner, such as from the person’s clothing, body, or container held or carried by, the person (such as in a case of mugging or robbery ); California’s law on petty theft, California penal code section 484 (a) ...

What is the difference between petty theft and petty theft?

The main difference between the two is that in cases of petty theft by false pretense, the owner of the property turns over both possession and title/ownership of the property to the thief. Whereas, in cases of petty theft by trick, the owner merely gives the thief possession of the property, but not ownership/title. 4:

What types of theft are considered petty theft?

The different types of petty theft include: Theft by false pretense. Theft by larceny.

What is petty theft in California?

California’s law on petty theft, California penal code section 484 (a) pc defines theft as the intentional and unlawful taking of the personal property of another 1. The property taken must not be any of the following types of property which is prosecuted under different code sections.

What does "no intent to steal" mean?

You Had No Intent To Steal. Intent is one of the requisite elements that a prosecutor has to show in order to convict a defendant of a theft crime. If you did not have the intent to steal in the first place, you are not guilty of petty theft under PC 484.

What is the difference between theft by trick and theft by false pretense?

Although fraud is used to obtain the property in both thefts by trick and theft by false pretense, in theft by false pretense, the thief obtains both possession and title to the property. For theft by trick, the thief gains only possession of the property. ( People v.

What happens if you take property that belongs to you?

If the property actually belonged to you or if you honestly but mistakenly thought that the property you took belonged to you, you are not guilty of petty theft. This additionally shows that your intent was not to take the property; rather to claim or re-claim what you thought was rightfully yours 9.

What is a petty theft charge?

Petty theft is a misdemeanor offense alleged when the property stolen is valued at less than $950. Petty theft crimes are often charged under Sections 484 (a) & 488 of the California Penal Code.

What is the penalty for petty theft?

The infraction comes with no jail time, but fines of up to $250, and a requirement that you complete community service and an anti-theft class. You might also be required to pay restitution or a civil penalty to the retail or commercial establishment. A conviction for petty theft is also considered a crime of moral turpitude or a crime ...

What is petty theft in San Francisco?

The most common type of petty theft crime charged in San Francisco, CA, is retail theft from a merchant or retail store, which is often called “shoplifting.”. Under California law, shoplifting involving a theft from a merchant or retail establishment by a customer is usually charged under Penal Code Section 459.5.

How long is petty theft in jail?

If you are convicted of petty theft, the crime is punishable by imprisonment in the county jail for up to six months, plus a fine of up to $1,000, and additional fees and restitution under California Penal Code Section 490. For a first offense of taking property valued at less than $50, the prosecutor has the discretion to reduce ...

What is the difference between grand theft and petty theft?

The Difference between Grand Theft and Petty Theft. Grand theft involves the taking of property valued at more than $950. The California Legislature has also created a number of crimes that are classified as grand theft because of the type of property stolen regardless of the value of the property. For example, the theft ...

What types of theft can you report to the San Francisco police?

The SFPD online report system does not accept reports for the following types of theft: identity theft and vehicle license plate theft. For all other types of theft cases, the online report system can be used to submit the report online. A person can also supplement the original report online. Many of these reports are made by a person who submits the report on behalf of an employer, government agency, or for their own business. If the theft was from any building occupied by people (including a private residence or business), it may be considered a burglary and needs to be investigated by the police department immediately.

Why is the penalty for theft increased?

The penalty can be increased for a number of different reasons, including a prior theft conviction, committing an act of violence, or destroying property during the commission of the crime.

What is a petty theft?

Petty theft involves the unauthorized taking of property valued at or below a specified dollar amount, such as $300 or $750. If the item’s value is more than the threshold amount, the offense becomes “grand” theft (or larceny). Each state sets this threshold amount at a different value.

What are some examples of petty theft?

For example: The shoplifter need not exit the store without paying in order to commit shoplifting. Even the slightest movement that is consistent with an intention to steal is sufficient.

Why are shoplifting and petty theft considered insignificant crimes?

Petty theft and shoplifting are often dismissed as insignificant crimes because, by definition, they involve taking something of relatively little value. However, the consequences can be significant. By Janet Portman, Attorney. Updated: Dec 28th, 2020.

What happens if someone steals your bike?

If someone steals the bike while it's on loan to you, you are the victim of theft because you have a possessory interest in the bike. The property was “taken away,” if only slightly. Petit theft traditionally required the movement, however slight, of the item away from its original place or position.

What are the penalties for shoplifting?

Petty theft and the related crime of shoplifting are misdemeanors. Most misdemeanors carry the possibility of jail time (not state prison ) of one year or less. In most states, defendants also face fines of several hundred or even a few thousand dollars.

What is a victim's possession interest?

The victim of the crime had a “possessory interest” in the item taken. This means that the victim had a right to possess the item, even if the victim didn’t own it. Often, the victim is both the owner and the one with possession—but not always.

Is shoplifting a crime?

Shoplifting and petty theft are criminal offenses that are often thought of as interchangeable. In fact, the two share common elements: Each crime requires the perpetrator to take something of a certain value or less, with the intent to permanently keep it. Shoplifting, however, is fine-tuned to apply to the theft of store merchandise;

What is petty theft?

asserts a claim of right over the property. Penalties. Petty theft is charged as a misdemeanor (as opposed to a felony or an infraction ). The crime is punishable by: imprisonment in county jail for up to six months, and/or.

What is petty theft in California?

Petty theft is a misdemeanor punishable by probation, fines, restitution and up to 6 months in county jail.

What is theft by larceny?

The elements of theft by larceny are the same as outlined above for the crime of theft. In addition, the value of the property taken must be $950 or less for larceny to be charged as petty theft. 2.2. Theft by trick. A prosecutor must successfully prove five things in order to convict a defendant of theft by trick.

What is burglary in California?

One commits the crime of burglary merely by entering the structure with the requisite criminal intent, even if the intended felony or theft is never actually completed. California burglary law is divided into first-degree burglary and second-degree burglary. First-degree burglary is burglary of a residence.

What is the difference between petty theft and grand theft?

While “petty theft,” per PC 488, is the unlawful taking of property worth $950 or less; “grand theft,” per PC 487, is the unlawful taking of property worth more than $950. Thus the difference between petty theft and grand theft rests in the value of the property that is taken.

What is the Penal Code for mail theft?

Penal Code 530.5e PC is the California statute that makes mail theft a crime. The official legal definition of U.S. mail theft is set forth in two laws: PC 530.5e, and. 18 United States Code 1708, which defines the federal crime of mail theft. 34.

Does a victim of theft have to be the owner of the property?

The victim of theft does not have to be the owner of the property for the crime to occur. It is enough if the victim is just in possession of the property. 3. For purposes of 484 PC, “ ownership ” and “ possession ” may be regarded as the same terms. 4. 1.2.

What happens if you are convicted of petty theft?

If you are convicted of petty theft, you will likely face immigration issues, depending on whether you are a U.S. citizen. If you possess a green card, you could be denied citizenship if you are convicted of petty theft. Petty theft is considered a “crime of moral turpitude,” and could lead to your deportation.

What can an experienced criminal defense attorney do?

For example, an experienced criminal defense attorney may be able to negotiate for you to serve community service in lieu of a jail sentence.

Joseph Briscoe Dane

If you walk in and plead guilty, no - the initial costs aren't that great. A few hundred dollars in court costs maybe. Of course, you'll be on probation for 3 years. Any law violation or violation of any of the terms of probation and you're subject to additional punishment.

Kelvin P. Green

It's not the cost of the fine but the long term costs if you don't get it right. Get an attorney

Michael Sean Devereux

In the OC, many first time petty thefts are offered a diversion programe in which the charges are dismissed provided they complete a theft program of the prosecutions choosing and other minor conditions.

Daniel C Grupenhagen

Fines aren't signifanct other than the usual court costs. I am curious what theft class you are referring to because I wouldn't consider it to be necessary for a first offense. I suggest consulting directly with one of us criminal attorneys who work regularly in west court to discuss the case.further.

What is petty theft?

Petty theft is a lower value theft crime. Most states classify theft as either petty theft or grand theft; however, not all do this so it is important to know your specific state laws when dealing with a theft crime. Generally, under most state criminal laws, petty theft is defined as taking another’s personal property with ...

How long can you go to jail for petty theft?

The answer to this question is yes. For misdemeanor petty theft, the limit for jail time is usually six months to a year. However, for first offenses this will likely not be factored into your sentence. For felony charges, the jail time could be over a year.

What are the different types of theft?

Theft can be classified as either a misdemeanor or felony. It will just depend on your state’s laws and the circumstances surrounding the crime. Generally, the following is true for most theft crimes: 1 Petty theft is classified as a misdemeanor for first time offenders; 2 Sometimes petty theft will escalate to a felony for repeat offenders; 3 Sometimes petty theft will be considered an infraction or the person could get off with a warning, especially when dealing with juveniles or people having no prior criminal record; 4 Grand theft will almost always be classified as a felony, even for first time offenders; and 5 Aggravated theft (where a weapon is involved) and burglary will be felonies with greater punishments.

How long can you go to jail for a felony?

For felony charges, the jail time could be over a year. Keep in mind that sometimes you can get a criminal conviction erased from your record. This will be easier with misdemeanors but much harder for petty theft felonies and repeat offenders.

What is considered petty theft?

Generally, under most state criminal laws, petty theft is defined as taking another’s personal property with the intent to steal and/or to deprive the owner of using the property. The state law will set a value threshold for the property to be considered petty theft. For example, in California the property value needs to be $950 or less ...

What happens if you are charged with a misdemeanor?

If you are charged with a misdemeanor, some typical petty theft consequences include small monetary fines and probation. Sometimes, a more rehabilitative option will be on the sentencing table like having to attend theft support groups.

What can a lawyer do for you?

Having a reputable lawyer can help with your sentencing, plea agreements, and raising any potential defenses. A lawyer can also represent you at all court appearances and talk to the judge and opposing counsel on your behalf. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers.