Solana Beach Theft Crime Defense Lawyers

Defense Against Theft Crime Charges in Solana Beach

The property crime rate in Solana Beach is 12.29 per 1,000 residents, as compared to 21.3 for California, as reported by Neighborhood Scout. Of all property crimes committed in California in 2021, larceny accounted for 63 percent, auto theft for 21 percent, and burglary for 16 percent, as stated by the Public Policy Institute of California (PPIC).

The root causes of crime include economic factors (poverty), social environment, and family structures, according to the Community Safety and Crime Prevention Council (CS&CPC). If you are facing theft crime charges in Solano Beach, contact jD Law Criminal Defense Attorneys right away. Our founder James N. Dicks has been involved with local criminal justice system over 30 years, and he has helped thousands of defendants maintain their freedom.

James N. Dicks has been selected to receive Avvo’s Client Choice Award seven times! He has also been recognized by Super Lawyers for providing our clients with outstanding service.

Call (760) 630-2000 to schedule your free consultation today.

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Common Theft Crimes in Solana Beach

Facing theft crime charges in Solano Beach can be a daunting experience, but with the right legal guidance, it is possible to navigate through the complexities of the legal system. The consequences of a theft crime conviction can have a lasting impact on your life. For petty theft, penalties may include fines, probation, or jail time of up to six months.

Grand theft and other serious theft charges can result in steeper fines, longer jail sentences, and time behind bars in state prison. Beyond the legal penalties, a conviction can lead to a criminal record, which may affect employment opportunities, housing options, and your personal reputation.

Common theft crimes in Solana Beach include:

• Identity theft: Taking someone else’s personal information for use in a fraudulent or unlawful manner is identity theft. It is a wobbler, which can be charged as a misdemeanor or a felony. Misdemeanor penalties for identity theft may include up to one year in jail, a fine of up to $1,000, or both. Charged as a felony, this crime carries up to three years in state prison, a fine of up to $10,000, or both.
• Forgery: Signing someone else’s name, forging handwriting, or altering or creating financial or legal documents for the purposes of fraud is forgery. This crime is a wobbler. As a misdemeanor it carries up to one year in jail and a fine of up to $1,000. As a felony, it is punishable by a prison sentence of up to three years and a fine of up to $10,000.
• Carjacking: This felony crime involves using force or fear to take control of a vehicle from another person. Carjacking is punishable by up to nine years in state prison, a fine of up to $10,000, or both. It falls under California’s Three Strikes Law, by which penalties can be significantly enhanced.
• Grand theft of a firearm: Theft of a firearm worth more than $950, or when the accused is a registered sex offender or has a prior serious felony conviction, is grand theft of a firearm. It is a felony offense, punishable by 16 months to three years in state prison and a fine of up to $10,000.
• Petty theft: Unlawful taking of property valued at $950 or less is petty theft. It is a misdemeanor, punishable by a jail sentence of up to six months and a fine of up to $1,000.
• Auto burglary: Entering or breaking into someone else’s vehicle with the intent to commit theft or a felony inside is auto burglary. It is charged as second degree burglary, a wobbler offense. Penalties for misdemeanor auto burglary include a jail sentence of up to one year. Felony auto burglary is punishable by 16 months, two years, or three years in jail.

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How Proposition 47 Effects Felony Charges in Solano Beach

California Proposition 47, passed by voters in November 2014, aimed to reduce certain non-violent felonies to misdemeanors. The intent was to alleviate overcrowding in California's prison system and redirect resources towards more serious crimes and rehabilitation efforts.

Proposition 47 reclassified several low-level theft and drug offenses from felonies to misdemeanors. Specifically, it affects individuals charged with shoplifting, grand theft, receiving stolen property, forgery, and fraud in cases where the value involved does not exceed $950.

For offenders deemed eligible under Proposition 47, the benefits can be substantial. A reclassification of the offense from a felony to a misdemeanor typically entails shorter jail sentences and lower fines. This shift can also alleviate some of the long-term consequences associated with felonies, such as difficulties in securing employment, housing, and certain professional licenses. Individuals who have their felonies downgraded to misdemeanors under Proposition 47 may regain rights that were previously lost, including the right to serve on a jury and the right to vote.

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What to Do If You’re Facing Theft Charges

If you are facing a theft accusation in Solano Beach, it is critical to seek legal counsel immediately. The earlier a defense lawyer becomes involved, the more effectively they can protect your rights and begin building a compelling defense. Any statements or decisions made early on can significantly impact the outcome of your case.

A lawyer will guide you through initial interactions with law enforcement and the legal system, helping to prevent any inadvertent self-incrimination. Your attorney can also take swift action to gather evidence, interview witnesses, and develop a strategy before the prosecution solidifies its case against you.

Do not talk about your case with anyone but your lawyer, and do not reveal details or opinions about it social media. Do not make any attempt to contact your accuser, and avoid going to places where you may encounter your accuser, potential witnesses, or anyone involved in the case.

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The Legal Process for Theft Charges in Solano Beach

The legal journey following a theft crime charge in Solana Beach begins with an arrest. After being taken into custody, the defendant is processed and may be held until bail is set or released on their own recognizance.

The next phase is the arraignment, which is the first court appearance where the charges are formally presented. It’s extremely important to have an attorney by your side to represent you during your arraignment to advise you on how to respond to the charges. An experienced Solano Beach criminal defense lawyer can often negotiate bail terms.

Pre-trial proceedings include various motions and hearings that will shape the outcome of the case. For example, your defense attorney may file motions to dismiss charges, suppress evidence, or request a change of venue. During this stage, the prosecution and defense exchange discovery materials, which include all evidence and witness statements. It's also a period for plea bargaining, where the defense may negotiate with the prosecutor for reduced charges or alternative sentencing.

The trial begins with opening statements by attorneys for both sides. The defense attorney and prosecutors will be allowed to present evidence, call upon witnesses, and ask them questions. After closing arguments, the court will issue a verdict. If the defendant is found not guilty, they will be released. But a guilty verdict will move the case into the sentencing phase. Sentencing can range from probation and fines to incarceration, depending on the severity of the offense and the defendant's criminal history.

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Contact jD Law Criminal Defense Attorneys If You've Been Charged with a Theft Crime in Solano Beach

If you have been accused of a crime in Solana Beach, one of the most important decisions you will make is the lawyer you choose to represent you. At jD Law Criminal Defense Attorneys, we have the skills and expertise to provide our clients with the best defense possible. Our founding attorney, James Dicks, is one of the few lawyers in California who is board-certified as a criminal law specialist.

Contact us at (760) 630-2000 to find out how we can help.

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