Tustin is located in Orange County bordering Santa Ana. It has been ranked in the top 10% in start-ups and sole proprietors per capita. This increase in businesses can mean an increase in population and petty theft charges. Downtown Tustin is also home to a thriving nightlife and many bars, which can lead to DUI and drunk in public charges. If you have been charged with a crime in Tustin or the surrounding area, an experienced criminal defense attorney can explore the details of your situation and look for ways to fight the prosecution.
Unlike many other defense attorneys who have worked as prosecutors, Karren Kenney has always worked on behalf of individuals facing charges. She has handled a wide range of criminal matters, including white collar crimes, domestic violence, drug offenses, DUI, and shoplifting.
California prosecutors have to prove the elements of a crime beyond a reasonable doubt. Crimes can take many shapes and forms but each individual crime requires proof of multiple elements. Negation of any of these elements, including intent, can prevent the prosecution from being able to convict you of the crime at hand.
Grand theft and petty theft are the two main types of theft or larceny crimes in California. In general, petty theft involves stolen items worth less than $950 in total, while stealing anything worth more than that amount is considered grand theft. A grand theft charge is often considered a “wobbler,” which means it can be charged as a misdemeanor or as a felony. When deciding how to charge grand theft, prosecutors take into consideration the accused’s criminal history and the particular circumstances of a case.
To prove larceny, the prosecution must prove that the defendant took somebody else’s property without the owners consent, that they intended to permanently deprive the owner of the property or to remove it from the owner’s possession for long enough that the owner would be deprived of its value. It is also necessary to show that the defendant physically moved the property in question from where it belonged or was placed and moved it somewhere else.
Attorneys often use the following reasons as alternative explanations that would explain the alleged crime at hand: a claim of ownership, right of possession, good-faith mistake, consent by the owner, entrapment, or intoxication. Each of these would result in a lack of intent and without intent, you cannot be convicted of the crime.
Other theft-related crimes include embezzlement, robbery, and receiving stolen property. What must be proved with regard to each offense varies, but in general the prosecution has to prove all the elements of the crime charged. Therefore, if it proves a lesser included offense but has only charged grand theft, you must be acquitted if all the elements for grand theft are not proved beyond a reasonable doubt.
The Central Justice Center is located in Santa Ana and is where crimes committed in Santa Ana, Orange, Villa Park, and Tustin are addressed.
Theft charges and convictions can ruin a person’s criminal record. An experienced criminal defense attorney can make a big difference to an individual in Tustin who is facing theft charges. We may be able to negotiate an appropriate plea bargain or take your case to trial. Contact the Kenney Legal Defense Corporation at (949) 536-7762 or via our online form.