Oakland Theft Crimes Attorney

Defending Against Larceny Crime Charges in Alameda County Since 1999

Are you facing theft charges in California? Being accused of any type of theft is a serious matter that can negatively affect your future. Theft crime convictions can destroy your reputation, threaten your future ability to find a job, and result in jail time, hefty fines, restitution to victims, immigration problems, and civil lawsuits.

Demetrius has handled hundreds of theft crimes cases. From petty theft and shoplifting, to robbery and major embezzlement cases involving hundreds of thousands of dollars. No matter what the circumstances of your theft crimes case, we can help.

Charged with theft? Obtain your free case analysis by contacting us online or calling (510) 254-3945 now.

Understanding Theft & Larceny Charges in Oakland

Larceny, while often used interchangeably with theft in everyday conversation, carries specific legal implications under California law. In Oakland and across Alameda County, larceny occurs when someone unlawfully takes and carries away another person’s personal property with the intention to permanently deprive them of it. 

These offenses can range from misdemeanor shoplifting in downtown Oakland retail centers to complex embezzlement cases involving East Bay businesses. Law enforcement agencies throughout Oakland prioritize investigations of larceny due to its prevalence in commercial and residential districts. 

For any conviction of basic theft (larceny) in California, the prosecution must prove every one of these elements beyond a reasonable doubt:

• Unlawful Taking: You took possession of property owned by someone else.
• Lack of Consent: You took the property without the owner's consent.
• Movement: You moved the property (even a small distance) and kept it for some period of time.
• Specific Intent: At the time of the taking, you possessed the specific intent to permanently deprive the owner of the property (or to remove it for long enough to deprive the owner of its value or enjoyment).

This element of specific intent is the most critical point of attack for an Oakland theft crimes attorney. If we can demonstrate that you lacked the intent to permanently steal the item, the prosecution's case collapses.

Types of Larceny Crimes in Oakland

Our firm is experienced in defending all types of criminal charges connected with theft, whether misdemeanors or felonies. Our decades of practice and problem-solving approach have resulted in a strong track record of results. Theft can include the stealing of another’s personal property, money, merchandise, or the value of another’s services or labor.

California theft offenses can include:

What is Petty Theft?

Petty theft in California is defined as taking property valued at $950 or less. This can include shoplifting and is charged as a misdemeanor punishable by up to six months in a county jail and/or fines of up to $1,000. A judge may award probation in lieu of jail time in a conviction of this misdemeanor. If you are charged with a second theft offense after a petty theft conviction, you may be facing a felony charge.

What is Grand Theft?

Grand theft in California is defined as taking property valued at $950 or more. This offense may be charged as a misdemeanor or felony. Felony charges may result in prison time of 16 months, two or three years. Other consequences can include mandatory restitution to victims, civil lawsuits by victims, and immigration problems for noncitizens.

Collateral Consequences of Larceny Crimes Convictions

The legal penalties for theft crimes in California are harsh, but the lifelong collateral consequences are what truly devastate a person's life and necessitate aggressive defense.

California classifies most theft crimes as crimes involving moral turpitude. This designation has severe, lasting impacts:

• Employment and Licensing: Professional licensing boards (e.g., law, medical, accounting, teaching) can deny, suspend, or revoke a license based on a theft conviction, severely limiting career options. Employers often reject candidates with a conviction involving deceit or dishonesty.
• Immigration Consequences: For non-citizens, a conviction for a crime of moral turpitude, even a misdemeanor, can be grounds for deportation or render a person inadmissible to the United States.
• Restitution: The court will almost certainly order the defendant to pay full restitution to the victim for the value of the property stolen.

Our Comprehensive Approach to Larceny Crimes Defense

As an experienced theft crimes lawyer in Oakland, Demetrius Costy Law employs multiple defense angles simultaneously to protect our clients from the dire consequences of a conviction.

• Mistake of Fact / Claim of Right: We argue the critical lack of intent. This defense applies if you had an honest, reasonable belief that the property belonged to you, or that you had the right to take it. For instance, believing merchandise was included in a package, or that a piece of property was mistakenly left behind by a friend.
• Lack of Specific Intent (Accident): Theft requires the intent to permanently deprive the owner. We argue that the taking was purely accidental—perhaps you simply forgot you had the item in your possession as you left a store.
• Illegal Search and Seizure: We scrutinize the actions of store security (Loss Prevention) and arresting officers. If the police lacked probable cause for the stop or performed an unlawful search (violating the Fourth Amendment), we move to suppress the evidence, which often results in the dismissal of the entire case.
• Challenging Property Valuation: For Grand Theft cases, we obtain independent appraisals of the property's fair market value to attempt to reduce the value below the 950 felony threshold, successfully reducing the charge to a misdemeanor petty theft.

Why Choose Demetrius Costy Law for Your Oakland Theft Crimes Attorney

When your career and freedom are on the line due to a theft crime accusation in Oakland, you need a defense team that has been on the other side of the courtroom. Demetrius Costy Law offers that tactical advantage.

Our firm’s background as former prosecutors gives us superior insight into the State's strategic weaknesses, allowing us to build a defense that not only reacts to the charge but proactively pressures the prosecutor for a favorable resolution. We understand the Alameda County court system and are committed to fighting for the best possible outcome—often a dismissal or reduction to a non-theft charge.

We believe access to top-tier defense should be available when you need it most. That is why we offer free consultations to discuss your case and assess your options immediately. Choose an Oakland theft crimes attorney who brings high-level trial experience and dedication to protecting your reputation.

Contact Our Oakland Theft Crime Attorney Today

Obtaining the services of a capable theft crime attorney in Oakland should be your first action when facing any type of theft or larceny allegation. Your future is too important to trust to an inexperienced, overworked, or hesitant attorney. Contact an Oakland theft crime attorney at Demetrius Costy Law for representation you can count on.

Don't let theft charges define your future. Reach out to Demetrius Costy Law at (510) 254-3945 or fill out this online form for dedicated legal defense today.

Frequently Asked Questions

What should I do first if I’m charged with theft or larceny in Oakland?

Stay calm and avoid making statements to police or prosecutors before speaking with an attorney. A theft crime lawyer in Oakland can guide you on bail, court appearances, and how to protect your rights from the beginning.

Can I avoid jail for a first-time theft or larceny charge in Alameda County?

Yes, depending on the case. First-time, low-level offenses may qualify for diversion, probation, or other alternatives. An Oakland theft attorney can help negotiate for reduced penalties or non-jail outcomes.

How are theft cases investigated in Oakland?

Police and prosecutors often use security footage, witness testimony, and property records to build cases. Local prosecutors review all evidence before filing charges, and repeat or high-value cases may face tougher prosecution.

Will a theft conviction stay on my record?

Yes, unless it is reduced, dismissed, or later expunged. A conviction can affect employment, housing, and immigration status. An experienced theft crime lawyer in Oakland can help pursue options to minimize long-term consequences.

Do I have to appear in court for a theft charge?

Most theft cases in Alameda County require at least one court appearance. Your attorney may handle some proceedings on your behalf, but your presence is typically needed for arraignment and key hearings.

Can theft charges be reduced or dismissed in Oakland?

In some cases, yes. Prosecutors may agree to reduced charges or dismissals if evidence is weak, restitution is made, or diversion programs are completed. Strong legal advocacy greatly improves your chances.

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