Know Your Rights: Theft Crimes

Misdemeanor Theft:

Petty Theft PC 484(a)

Maximum jail time: 6 months

Elements:

1. Defendant committed the crime of theft.

2. The property so obtained was valued at nine hundred fifty dollars ($950.00) or less.

Grand Theft PC 487(a)

Maximum jail time: 1 year

Elements:

1. Defendant took by theft money, labor, or real or personal property from another.

2. The value of said money, labor, or real or personal property taken exceeded nine hundred fifty dollars ($950.00).

All thefts are “crime involving moral turpitude.” Because theft offenses require a specific intent to permanently deprive the owner of title to or possession of property, they are moral turpitude offenses. [People v. Kunkin (1973) 9 Cal.3d 245; Matter of Garcia, 11 I&N 521 (1966)].

It is always recommended that the statutes of a particular case, along with the elements of a particular offense, be carefully reviewed and compared to the statutes and elements of the reference cases listed here. This is because it is often difficult to determine which are crimes of moral turpitude, as the policies regarding CMTs (and immigration in general) are vague or even contradictory.

If one were to be convicted of any theft offenses and was not a United States citizen, one could have immigration consequences including deportation, denial of naturalization and/or denial of re-entry at the border of US.

Felony Robbery

2-3-5 years exposure in prison. With probation, 1 year exposure.

This offense is a serious and violent felony as well as a strike. Strikes stay on your record for life. If one were convicted, they would do 85% of the sentence.

Penal Code 211 Elements:

1. The victim had possession of personal property of some value, however slight.

2. The defendant took personal property from victim or from his or her immediate presence.

3. The property was taken against the will of victim.

4. The defendant's act of offense was accomplished either by force or fear.

5. The defendant acted with the specific intent to permanently to deprive the victim of the personal property.

Robbery involves moral turpitude. [Matter of Kim, 17 I&N 144 (1979)].

If one were to be convicted of robbery and was not a United States citizen, it could have immigration consequences including deportation, denial of naturalization and/or denial of re-entry at the border of US.

If you or your loved one is charged with robbery or any other crime, it is absolutely crucial for you to call or contact my office ASAP. We need to gather information and crucial evidence to get you the best outcome.