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California Petty Theft Defense Attorney

California Penal Code § [Section] 484(a) – Petty Theft

California Penal Code [CPC] §484(a)Petty Theft – Penal Code Section 484(a) makes it illegal to take property owned by someone else without the owner's consent. You must intend at the time to permanently take the property or to remove it long enough that the owner is deprived of a major portion of its value or enjoyment. Finally, you must move the property and keep it for any period, however brief. The value of the property (including services) must not be greater than $950.

If you're convicted of Petty Theft, the penalty may be six months in a county jail, a fine of not more than $1,000, or both a fine and imprisonment.

What Does California Penal Code §484(a) [Petty Theft] Prohibit?

In sum, to be guilty of Petty Theft under CPC §484(a), you must:

  • Take someone's else property without permission; AND,
  • Intend on keeping it; OR,
  • Keep it long enough for the owner to lose value or enjoyment; AND,
  • Move the property; AND,
  • Keep it for any time.

Defining “Petty Theft” Under California Penal Code §484(a)

To convict you under CPC §484(a), the prosecutor must prove the following beyond a reasonable doubt:

  • TOOK PROPERTY: You used theft or fraud[1] to take possession of property owned by someone else; AND,
  • WORTH NO MORE THAN $950: The property you took was worth no more than $950.00;[2] AND,
  • WITHOUT PERMISSION: You did not have permission of the owner or the owner's agent[3] to take the property; AND,
  • Intent: You intended on permanently depriving the owner of possession of the property at the time you took it; OR,
  • DEPRIVED A MAJOR PORTION…/ENJOYMENT: You kept the property long enough that the owner was deprived a major portion of its value or of the enjoyment of the property; AND,
  • MOVED THE PROPERTY: You moved the property any distance; AND,
  • KEPT THE PROPERTY: You kept the property for any amount of time.

Example: Defendant Derrick steals a $20 birthday cake from Victim Verne's bakery and keeps it in a cooler until he's ready to eat it. Three days later, however, he changes his mind and returns the cake, thinking Verne will forgive him. But Verne says the cake was supposed to go to a party the day before. Now, he says, it's worthless. He has Derrick arrested for stealing. Is Derrick guilty under CPC §484(a)?

Conclusion: Derrick took property that was not his. He moved it to his cooler. He kept it for three days. He didn't have permission. Derrick intended to permanently deprive Verne of the cake, since Derrick intended on eating the cake. Verne lost the cake's value to his bakery when he was unable to provide it for the party. Finally, the cake was worth less than $950. These are elements of the crime. He is guilty.

Penalties For Petty Theft Under CPC §484(a)

Generally, if you're convicted of Petty Theft, the penalty may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[4]

As stated previously, if you're convicted of Petty Theft, the penalty may be up to six (6) months in a county jail, a fine of not more than $1,000 (one-thousand dollars), or both a fine and imprisonment.[5]

Petty Theft Exists in Different Forms

Petty Theft is not as simple as it may seem. There are several different crimes that can generate charges under Section 484 of the California Penal Code. Below are three examples.

1. Theft By Fraud or False Pretense

Theft by Fraud or False Pretense[6] (CPC §532) occurs when anyone knowingly and intentionally receives property through deceiving its owner.

You must persuade the property owner to let you have actual possession of the property. The owner must also let you take possession or ownership of the property because she or he was relying on the falsehood.[7]

2. Embezzlement

Embezzlement (CPC §503) occurs whenever an owner of property entrusts property to someone he or she trusts, only to have that person fraudulently take or use the property for his or her own benefit.

When the property is taken or used, you have to intend to deprive the owner of the use of the property, even if for a brief duration.[8]

3. Theft By Trick

The crime of Theft By Trick involves obtaining property through fraud or deceit.

At the time of the property is obtained, the accused person has to intend either to deprive the owner of it permanently or for a long enough period of time that the owner would miss a major part of its value. Finally, you must keep the property for any length of time, and the property owner must not intend to transfer ownership of the property to you.[9]

Defenses Against California Penal Code §484(a) – Petty Theft

Three common defenses against a charge of Petty Theft under CPC §484(a) are:

You Had Rightful Claim To The Property Or Service

Example: Defendant Dominic pays for an eight-dollar car wash at Victim Vika's gas station. Cashier, however, fails to relay this fact to Vika. She demands payment from Dominic after his car is washed. He refuses. Vika presses charges against Dominic under CPC §484(a). Is Dominic guilty, on these facts?

Conclusion: Dominic paid for a service; he's under no obligation to pay twice. Dominic, therefore, had a contractual right to the car wash. The only reason Dominic has been arrested is Cashier's failure to tell Vika he had already paid for the wash. Thus, he is innocent. Dominic had a rightful claim to the service.

You Were Given Consent To Take The Property Or Service

Example: Defendant Deke gets permission from Friend to take blackberries from the bush growing in her backyard. He does so. But Victim Vincent, Friend's husband, sees him doing it and reports him. Deke now faces charges that include a violation of §484(a). He insists he isn't guilty because he stole less than five dollars' worth of fruit. Is Deke correct or should Deke be convicted of Petty Theft, on these facts?

Conclusion: Deke took fruit that was in Vincent's backyard, making it Vincent's property. He intended on keeping it, we can assume. These are elements of the crime. But the fruit was given to Deke by Vincent's wife, who also had the right to the blackberries. Their value is, therefore, irrelevant. Since Deke was told he could take the fruit, he is correct. Deke was given consent to take the property.

You Lacked The Intent To Commit The Crime

Example: Defendant Donnie runs track. He's about to run in a meet when he realizes he has forgotten his $500 track shoes. Knowing that Victim Vi has identical shoes, he borrows her shoes, runs in the meet, and goes to return them, but finds police waiting for him. Vi charges Donnie under §484(a). Is he guilty?

Conclusion: Donnie took, moved, and kept Vi's property without her consent, which we can presume since she called police because her shoes were gone. The shoes were worth less than $950. These are elements of the crime. But Donnie only intended on using the shoes to run in the meet. In fact, he was returning them when he was arrested. Donnie is not guilty. He lacked the intent to commit the crime.

Related Offenses

Note: The crimes below are described generally as “related” because they're frequently charged with CPC §484(a) and/or have common elements the prosecutor must prove beyond a reasonable doubt.

The California Penal Code includes several offenses related to Petty Theft, such as:  Shoplifting (CPC §459.5(a)), Petty Theft With A Prior Offense (CPC §666(a)), Grand Theft (CPC §487), Robbery (CPC §211), Misappropriation Of Public Funds (CPC §424(a)), Burglary (CPC §459), Forgery (CPC §470(a)), Receiving Stolen Property (CPC §496(a)), and Extortion (CPC §518).

Shoplifting

Shoplifting (CPC §459.5(a)) involves entering a commercial establishment with the intent to commit larceny during regular business hours. The value of the property must not exceed $950. “Any other entry into a commercial establishment with intent to commit larceny is burglary.”[10] The crime is related to Petty Theft because shoplifting property often involves theft of items of small value.

If you're convicted of Shoplifting, the penalty, without enhancement,[11] may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[12]

Note: You can't be charged with both shoplifting and burglary or theft of the same property.

California Jury Instructions – Shoplifting

To convict you under §459.5(a), the prosecution must prove the following beyond a reasonable doubt:

You entered a commercial establishment that was open during regular business hours. When you entered the establishment, intended to commit theft.

Example: Defendant Davida admits to taking a $1.50 candy from Grocery Store during business hours. She admits that she had no legal right to the candy but was going to keep it for herself and eat it. Nonetheless, she insists that she can't be guilty under Section 495.5(a) because prosecutors are also charging her with a violation of Section 484(a). Is Davida correct or has she confessed to two crimes?  

Conclusion: Davida has admitted to acts which could constitute both Shoplifting and Petty Theft. She would be guilty of both. However, CPC §459.5(b) makes it clear that no one can be charged with both crimes for taking the same property. Thus, since she is being charged with both for stealing a single candy, Davida is correct. Prosecutors may press charges for one crime or the other, but not both.

Petty Theft With A Prior Offense

Petty Theft With A Prior Offense (CPC §666(a)) involves being convicted of theft crime (including burglary, carjacking, robbery, or a felony violation of Section 496), serving a term for it in any penal institution or being imprisoned as a condition of probation for the offense, and subsequently being convicted of a Petty Theft. The statute is related to Petty Theft because one of the prior offenses covered by the law is theft under Section 487. 

Petty Theft With A Prior Offense can be charged as either a Misdemeanor or a Felony, depending on the facts of your case, which makes CPC §666(a) a “wobbler” crime.[13] If you're convicted of Petty Theft With A Prior Offense for the first time, the felony penalty may be:

  • A term of up to three (3) years in a state prison;[14] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[15]

California Criminal Jury Instructions - Petty Theft With A Prior Offense

To convict you under §666(a), the prosecution must prove the following beyond a reasonable doubt:

You have been found guilty of a petty theft. You were also previously convicted of a theft offense and served a term in a penal institution for that conviction.

Example: Defendant Dave is convicted of Petty Theft under CPC §484(a). Owing to his youth (he has just turned eighteen), and his lack of a prior record, he receives Probation, allowing him to avoid a jail sentence. Later, however, he is arrested for the same offense. Prosecutors are also charging Dave under CPC §666(a). Dave insists he can't be convicted of the crime. The Prosecutors disagree. Which is correct?

Conclusion: Dave has been convicted twice under §484(a). This is half of the crime, since Petty Theft is the most obvious example of an offense covered by Section 666(a). However, Dave didn't serve time for his first conviction, which he had to do for Section 666 to apply to him. (The law punishes people who've been to jail and chosen to reoffend anyway.) Dave is correct. He cannot be convicted under CPC §666(a).

Grand Theft

California's statute criminalizing Grand Theft (CPC §487) applies, broadly, whenever property is taken with value exceeding $950. The crime also applies to automobile theft and the theft or firearms. Grand Theft does not require the use of fear or force. You must, however, move the property and keep it for some period. The crime is related to Petty Theft because the crime of Theft is punished is two degrees, either Petty or Grand.[16]

The facts surrounding your case will determine the severity of the charge. This makes Grand Theft a “wobbler”[17] crime in California. If you're convicted of a felony grand theft, the penalty may be:

  • A term of up to three (3) years in a state prison;[18] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine.[19]

Note: Grand theft involving a firearm is considered a “serious felony,”[20] making it punishable under the state's “Three Strikes” system. If you amass three “strikes” on your record, you'll serve at least twenty-five years in a state prison.[21]

You can find more information in the Grand Theft section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that's always guaranteed.

California Criminal Jury Instructions – Grand Theft

To convict you under CPC §487, the prosecution must prove the following beyond a reasonable doubt:

You took someone else's automobile, firearm, or property which was worth more than $950. When you took it, you intended on taking it permanently or removing it for long enough that the owner would lose a major portion of its value or enjoyment of it. Finally, you moved and kept it for some amount of time.

Example: Defendant Devon writes a letter that says he's worth $230 million. He uses it to convince Victim Vinton to sell him the LA Kings. He says he wants to move them east. But when Vinton realizes Devon doesn't have any of the money, he has Devon charged under §487. By then, Devon has owned the club for months.[22] Devon claims he isn't guilty because he didn't move the team. Is he correct?

Conclusion: Devon knowingly made a false statement to Vinton in order to trick Vinton into selling him ownership of the team.  While it is unusually valuable, the team is still Vinton's personal property, and its value exceeds $950. In a case like this, the defendant need only “move” the property by taking legal possession of it. He also kept it for months and wanted to permanently keep it. Devon is not correct.

Robbery

Robbery (CPC §211) involves using force or fear to take property from another person with the intent of not returning it. Robbery is linked to Petty Theft because takings punishable as petty thefts are often the purpose of robberies.

Robbery is considered both a “serious” [23] and “violent felony”[24] under state law. Thus, it's subject to sentence enhancement under California's “Three Strikes” system. Three “strikes” on your record will result in a minimum of twenty-five years in state prison.[25] If you're convicted of first-degree Robbery, the penalty, without enhancement, may be:

  • A term of up to nine (9) years in a state prison;[26] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[27]

Note: The intent to take property must have been formed before or during the use of force or fear.

Further information can be found in the Robbery section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. All calls go directly to a lawyer. We guarantee it.

California Jury Instructions – Robbery

To convict you under CPC §211, the prosecution must prove the following beyond a reasonable doubt:

You used force or fear to take property that was in the presence of another person. You took the property against that person's will. Finally, you intended to remove the property from the person's possession long enough that the person would not enjoy a major part of its value.

Example: Victim Veronica, accused of a major crime, is walking down a public street on a sunny day. Defendant Daniel, a photographer, tries to take her picture. She produces an umbrella to block his view. He snatches the umbrella from her hand, takes her picture several times, and returns the umbrella. Veronica accuses Daniel of Robbery and wants him charged under CPC §211. Should police charge him?

Conclusion: Daniel used force to take Veronica's property from her presence. He did it against her will. These are elements of the crime. But Daniel didn't hold the umbrella long enough for Veronica to be rained on (it was sunny) or to have to endure the sun in her eyes (she only produced it when Daniel started taking pictures). She didn't lose a major part of the umbrella's value. He shouldn't be charged.[28]

Misappropriation Of Public Funds

Misappropriation Of Public Funds (CPC §424(a)) involves taking public money for your own use or another person's use without legal authority. It's also illegal to loan or profit from public money or to make a false entry in accounting for public money. The statute also makes it a crime to refuse to disburse public money to a legal authority, to fail to transfer public money when required by law, or to fail or refuse to disburse money to a person authorized to receive that money, despite having a legal duty to do so. The crime is related to Petty Theft because misappropriating public money can constitute a violation of Section 484(a), permitting the prosecution to charge you with both in the same trial.

If you're convicted of Misappropriation Of Public Funds, which is always a felony,[29] the penalty may be:

  • A term of up to four (4) years in a state prison;[30] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment;[31] AND,
  • Disqualification from holding office in California.[32]

California Jury Instructions – Misappropriation Of Public Funds

To convict you under CPC §424(a), the prosecution must prove the following beyond a reasonable doubt:

While responsible for public money, you took some money for your own or someone else's use without legal authority, or you loaned, made a profit from, or used some of that money without legal authority, or you kept a false account or made a false entry in an account of the money, or you changed, falsified, hid or obliterated an accounting of that money, or you refused or failed to disburse public money in response to a draft drawn by competent authority, or you failed to transfer money when required by law, or you failed or refused to disburse money that you'd received to a person legally authorized to receive that money, despite having a legal duty to do so. Additionally, you knew you weren't following the law, or you acted without legal authority, or you were criminally negligent in failing to know legal restrictions on your conduct.

Example: Defendant Duncan is a member of the California Senate from Los Angeles. He's suffering through hard financial times. He takes $200 in petty chase from his office to cover family expenses until his next paycheck, fully intending on repaying the amount. But, before he can refund the money, an office audit reveals his act.[33] Now he's facing charges under CPC §424(a). Is he guilty, on these facts?

Conclusion: Duncan took the money at issue from his office. Since Duncan's whole office would be funded through California state taxpayer money (Duncan is a state senator), the $200 would be a form of public funds. Thus, even the petty cash is subject to Section 424(a). Since Duncan took $200 of public funds for his own use, he is guilty. It is irrelevant that Duncan intended on returning the money in full.

Burglary

Penal Code §459 creates the crime of Burglary, which occurs any time someone enters a building with the intent to commit Theft or a felony inside the structure. The crime is related to Petty Theft because entering a structure to commit a petty theft can give rise to a Burglary charge in the same trial.

Burglaries inside homes, vessels, floating homes or trailers are first-degree burglaries. All other forms are in the second degree. This makes Burglary a “wobbler”[34] offense. If you're convicted of Burglary in the first degree, the penalty can be:

  • A term of up to six (6) years in a state prison;[35] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[36]

Note:  You must form the intent commit the burglary at or before the time of entering the structure.

More information can be found in the California Burglary Lawyers section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That's guaranteed.

California Jury Instructions – Burglary

To convict you under CPC §459, the prosecution must prove the following beyond a reasonable doubt:

You entered a building, a locked vehicle, or a structure intending to commit a felony or a theft involving property worth more than $950, or you entered a noncommercial establishment, or you entered a commercial establishment outside business hours with the same intent.

Example: Defendant Diego plans on burglarizing Victim Vittorio's computer store. He goes to the store to make notes in preparation for the crime. Vittorio, knowing Diego wants to take a computer worth more than $3000 from the store, sees him, calls police, and charges him under CPC §459. Is Diego guilty?

Conclusion: Diego intended on entering Vittorio's store after hours to commit a crime that would be punishable as a burglary. But he was approached during business hours. Furthermore, at the time of his arrest, he only intended on taking notes. Thus, Diego didn't even attempt[37] a burglary. He is innocent.

Forgery

Forgery (CPC §470(a)) occurs whenever anyone signs the name of another person or a fictitious person to any of the items listed in subdivision (d) of the statute. The crime is related to Petty Theft because Forgery can be used to acquire property or services by theft, permitting the prosecution to charge you with both in the same trial.

Since you can be charged with a misdemeanor or a felony count, depending on the facts of your unique case, Forgery is a “wobbler” offense.[38] If you are convicted of felonious Forgery, the penalty may be:

  • A term of up to three (3) years in a state prison;[39] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[40]

More information can be found in the California Forgery Crime Lawyers section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County.  An attorney will take your call. That is always guaranteed.

California Jury Instructions – Forgery

To convict you under CPC §470(a), the prosecution must prove the following beyond a reasonable doubt:

You signed someone else's name or a false name to one of the documents listed in CPC §470(d). You did not have authority to sign that name. You knew that you did not have that authority. Finally, when you signed the document, you intended to defraud.

Example: Defendant Dee Dee insists on going to the Coachella festival in 2021, since she had to miss it in 2020. But she can't secure a ticket. Dee Dee creates a ticket on her printer. The trick fails. She's arrested. Dee Dee now faces charges under CPC §470(a). She says that she can't be guilty on these facts. Is she?

Conclusion: Dee Dee attempted to defraud the Coachella concert festival promoters by presenting a false ticket to gain entry to the concert. This is a crime. But the offense under CPC §470(a) requires signing a name, whether one's own or a fictitious one, to a document listed in the statute. Dee Dee didn't sign anything. Therefore, while she is guilty of Attempted Fraud, she isn't guilty under §470(a).

Receiving Stolen Property

California law on Receiving Stolen Property (CPC §496(a)) applies whenever anyone buys or receives property that's been stolen or extorted, knowing how the property was obtained. The law also applies to concealing, selling, withholding, or aiding someone in concealing, selling, or withholding property from the owner, if you know how it was obtained. 

Receiving Stolen Property can be charged as either a Misdemeanor or a Felony, depending on the facts of your case, which makes CPC §496(a) a “wobbler” crime.[41] The charge is related to Petty Theft because stolen goods often end up being resold, creating the possibility of Receiving Stolen Property charges in the same trial.

If you're convicted of the Felony form of Receiving Stolen Property, the penalty may be:

  • A term of up to three (3) years in state prison;[42] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[43]

You can find more information in the California Property Crimes Defense Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer - guaranteed.

California Criminal Jury Instructions – Receiving Stolen Property

To convict you under CPC §496(a), the prosecution must prove the following beyond a reasonable doubt:

You bought, received, sold, aided in selling, or concealed or withheld property that had been stolen from its owner or obtained by extortion. Additionally, when you were involved with the property, you knew it had been stolen or obtained by extortion.

Example: Defendant Donna is concerned that Son will go to jail for an extended period. Thus, when she finds property he confessed that he stole, she protects Son by hiding the property from Police and Property Owner. Later, however, both Son and Donna are arrested for the crime. Now Donna faces charges under §496(a). She says she is innocent because she didn't buy the property. Is Donna guilty?  

Conclusion: Donna willfully concealed stolen property from Police and Property Owner. She knew the property was stolen when she did it. These are the elements of the offense. While Donna didn't buy the property - and while she was just trying to protect Son - the statute requires only these acts. Donna, it follows, should be convicted.

Extortion

The basic form of Extortion (CPC §518(a)), ‘Extortion By Threat Or Force,' occurs whenever a person obtains valuables or official acts from another, with his or her consent, through wrongful use of force or fear, or under a claim of an official right. The threat “may involve harm to be inflicted by [you] or by someone else.”[44] Extortion is connected to Petty Theft because an extortionate threat can be part of a theft, which allows the prosecution to charge you with both crimes in the same trial.

If you're convicted of Extortion under §518(a), the penalty may be:

  • A term of up to four (4) years in a state prison;[45] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[46]

You can find more information in the Extortion section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that is always guaranteed.

California Criminal Jury Instructions - Extortion

To convict you under §518(a), the prosecution must prove the following beyond a reasonable doubt:

You threatened another person or that person's property, intending to obtain the person's consent to give you money or property, or to do an official act. As a result, the other person consented. Finally, the other person gave you money or property or did an official act.

Example: Defendant Dick threatens Victim Vi, his neighbor. He says he will reveal a very embarrassing fact about Vi unless she votes for Dick's preferred candidate in the presidential election. Vi does so. But she later informs police. They arrest Dick and charge him under CPC §518(a). Dick insists that he didn't take anything monetarily valuable; thus, he says, he must be innocent. Should Dick be convicted?

Conclusion: Dick threatened to reveal an embarrassing secret about Vi. This induced her to vote for a specified candidate. Voting is an official act regulated by law and Vi consented to the threat. She later did what Dick wanted. These are the elements of the offense. Dick did not have to receive anything of monetary value to violate Section 518(a), contrary to what he believes. He should be convicted.

What Can I Do If I'm Charged With Petty Theft?

The State of California treats Petty Theft as a serious offense. If you're charged with Petty Theft, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested for, or charged with, Petty Theft, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation.

References

[1] The statute refers to “feloniously” stealing, taking, carrying, leading, or driving “away the personal property of another,” as well as “fraudulently” appropriating “property which has been entrusted to” you, in  addition to  “knowingly and designedly, by any false or fraudulent representation or pretense,” defrauding “any other person of money, labor or real or personal property,” and, finally, causing or procuring “others to report falsely” your “wealth or mercantile character” to obtain credit which is then used to get “possession of money, or property or” even “the labor or service of another[.]” See California Penal Code [CPC] §484 (a).

[2] “For petty theft, the property taken can be of any value, no matter how slight.” See California Criminal Jury Instructions 1800 (CALCRIM) (2017).

[3] “An agent is someone to whom the owner has given complete or partial authority and control over the owner's property.” See above.

[4] See CPC §19.

[5] See above.

[6] “Someone makes a false pretense if, intending to deceive, he or she does one or more of the following: [¶] 1. Gives information he or she knows is false; [¶] OR, [¶] 2. Makes a misrepresentation recklessly without information that justifies a reasonable belief in its truth; [¶] OR, [¶] 3. Does not give information when he or she has an obligation to do so; [¶] OR, [¶] 4. Makes a promise not intending to do what he or she promises.” See California Criminal Jury Instructions 1804 (CALCRIM) (2017).

[7] See California Criminal Jury Instructions 1804 (CALCRIM) (2017).  

[8] See California Criminal Jury Instructions 1806 (CALCRIM) (2017).  

[9] See California Criminal Jury Instructions 1805 (CALCRIM) (2017).

[10] See CPC §459.5 (a).

[11] “Three Strikes” enhancement is possible for persons who committed crimes punished under CPC §§667 (e) (2) (c) (1) – (4) or Section 290 (c) of the state Penal Code. See CPC §459.5 (a).

[12] See Endnote 4.

[13] See “Wobbler Law and Legal Definition” at USLegal.com.

[14] See CPC §18 (a).

[15] See CPC §672.

[16] See CPC §486.

[17] See Endnote 13.

[18] See CPC §489 (a).

[19] See CPC §489 (c) (1).

[20] See CPC §1192.7 (c) (26).

[21] See CPC §667 (e) (2) (a) (ii).

[22] Fact pattern based on John Spano's fraudulent acquisition of the New York Islanders in 1996. See “How an Insolvent Fraudster Bought a Pro Hockey Team,” Cheddar, October 11, 2018. Youtube.com.  

[23] See CPC §1192.7 (c) (19).

[24] See CPC §667.5 (c) (9).

[25] See Endnote 21.

[26] See CPC §213 (a) (1) (A).

[27] See Endnote 15.

[28] Of course, Daniel could be charged with a different offense, such as Assault or Battery.

[29] See CPC §425.

[30] See CPC §424 (a).

[31] See Endnote 15.

[32] See Endnote 30.

[33] Fact pattern based on the case of former US Congressman Duncan Hunter.  See “How A Congressman Was Brought Down By Brazenly Illegal Campaign Spending” by Jill Sederstrom. Oxygen True Crime Buzz, June 15, 2021.

[34] See Endnote 13.

[35] See CPC §461 (a).

[36] See Endnote 15.

[37] See CPC §21a.

[38] See Endnote 13.

[39] See CPC §473 (a).

[40] See Endnote 15.

[41] See Endnote 13.

[42] See CPC §1170 (h). [Version (Amended (as amended by Stats. 2018, Ch. 1001, Sec. 2) by Stats. 2020, Ch. 29, Sec. 15.)]

[43] See Endnote 15.

[44] See California Criminal Jury Instructions 1830 (CALCRIM) (2017).

[45] See CPC §520.

[46] See Endnote 15.

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