Being accused of theft in San Diego is a serious situation that can raise many questions about what comes next. Whether the charges involve petty theft, grand theft, burglary, or robbery, the consequences can affect every part of your life. Keegan Law represents individuals facing theft-related charges and works to protect their rights throughout the legal process. We carefully review each case to understand the charges, the evidence, and the available legal options.

Theft crimes encompass a wide range of offenses under California law. A different section of the Penal Code defines each offense, and the facts of the case determine the specific charge. Among the most common we tend to see at Keegan Law are:

• Petty theft. These charges involve stealing property valued at $950 or less, as defined by California Penal Code Section 484. While generally considered a misdemeanor, it may lead to fines, probation, or jail time.
• Grand theft. Refers to stealing property worth more than $950, and is covered by Penal Code Section 487. The prosecution may charge this as a misdemeanor or a felony, depending on the circumstances.
• Burglary. Entering a residential or commercial building with the intent to commit theft or another crime at the time of entry qualifies as burglary pursuant to Penal Code Section 459. Burglary is a serious offense in California that the prosecutor may charge as a felony depending on the circumstances.
• Shoplifting. Under Penal Code Section 459.5, shoplifting applies if you enter a commercial building during business hours intending to take less than $950 worth of property. Shoplifting is usually charged as a misdemeanor, unless you have prior shoplifting convictions or other disqualifying factors.
• Robbery. Involves taking property from another person through force or fear. It is generally considered a serious felony under California law and may qualify as a strike offense, depending on the charge.

Understanding the specific allegations is an important first step in evaluating how to respond to the charges.

Each theft-related offense requires the prosecution to prove specific legal elements. While the exact requirements vary depending on the charge, most theft crimes involve proving that:

• You took or exercised control over someone else’s property,
• The property belonged to another person,
• You did not have permission to take it, and
• You intended to permanently deprive the owner of that property.

For more serious charges, such as burglary or robbery, additional elements apply. For example, burglary requires proof that you entered a structure with the intent to commit theft or another felony at the time of entry. In contrast, robbery requires proof that you used force or fear to take property from another person.

Because each charge has different elements, the specific facts of the case matter when evaluating how the law applies.

The consequences of a theft conviction depend on the specific charge, the value of the property involved, and your prior criminal history. Potential consequences may include:

• Misdemeanor penalties. Some theft offenses, such as petty theft or shoplifting, are typically charged as misdemeanors. These may result in fines, probation, or time in county jail, depending on the circumstances.
• Felony penalties. More serious offenses, such as grand theft or certain burglary charges, may be charged as felonies. A felony conviction may carry a state prison sentence, along with additional fines and conditions.
• Strike offenses. Depending on how the prosecutor charges the case, certain theft-related crimes, such as robbery, may qualify as strike offenses under California’s Three Strikes Law.
• Restitution. Courts may order repayment to the alleged victim for the value of the property or any related losses.
• Long-term consequences. A theft conviction can affect employment opportunities, housing applications, and professional licensing.

Because the potential penalties vary widely, it is important to understand how the specific charge applies in your case.

Choosing the right legal representation is crucial when facing theft charges. As your San Diego theft lawyer, Keegan Law focuses on crafting a personalized defense strategy tailored to the specific facts of the case. This may include:

• Investigating the evidence—reviewing surveillance footage, witness statements, and other key details to identify weaknesses in the prosecution’s case;
• Negotiating with prosecutors—exploring options to reduce charges or secure alternative sentencing when appropriate; and
• Defending your case in court—the case may proceed to trial, where the evidence is presented and challenged. 

The legal process can be complex, and understanding each step can help you make informed decisions.

Building a defense involves reviewing the evidence and identifying potential legal issues. 

Lack of Intent

Demonstrating that the alleged theft was unintentional or a misunderstanding can be a strong defense. Many theft cases arise where the accused did not intend to commit a crime. For example, you may have believed the property was yours or taken it without realizing you lacked permission to do so. 

When intent is absent, this may affect how charges are evaluated or resolved. Alternatively, if the prosecution cannot prove an intent to deprive the owner of the property, that may raise a reasonable doubt at trial. As your attorney, we thoroughly review the details of your case to highlight any indications that the theft was accidental or misunderstood.

Mistaken Identity

Errors in identification can lead to false accusations. Eyewitness accounts are often unreliable, especially in stressful or chaotic situations. Mistaken identity may lead to someone being wrongly accused due to similarities in appearance or inaccurate witness statements.

A defense may focus on showing that you were not involved in the alleged crime by addressing these errors. Surveillance footage, alibi witnesses, and other evidence can play a crucial role in establishing reasonable doubt as to your guilt. Our goal is to ensure that false accusations do not derail your life.

Challenging Evidence

The prosecution must rely on admissible and reliable evidence to convict you of theft. Questioning the validity and credibility of this evidence is a critical part of your defense. For example, we examine whether law enforcement followed proper procedures during evidence collection and if they maintained the proper chain of custody.

If any evidence is inadmissible or unreliable, it can weaken the prosecution’s case. As your theft defense lawyer in San Diego, we will review the evidence to determine whether it is reliable and admissible.

Theft charges can have consequences beyond fines or jail time, including effects on employment, housing, and professional opportunities.

Because each case depends on specific facts and evidence, it is important to review the charges and the evidence supporting them carefully.

If you are facing theft-related charges, taking steps early can help you better understand your options and how to respond. Whether it’s your first time accused of a crime or you’ve been involved in the criminal justice system before, facing criminal charges never gets easier. At Keegan Law, we understand how much you have at stake and know there is no one-size-fits-all approach to criminal defense. That’s why we provide compassionate, personalized representation and work tirelessly to achieve the best outcome for you. Contact us to schedule your confidential case evaluation and begin building your defense today.