PC 484 – Theft by Fraud, Deceit or Trick
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In the realm of California criminal law, the nuances in state criminal statutes can have significant implications for individuals facing charges. For every criminal offense in California, there is a corresponding section of the California Criminal Code that lays out the elements of the crime and classifies it as either a felony or misdemeanor. One such statute is California Penal Code 484, usually though to be the law against theft by shoplifting but which also covers theft by fraud, deceit, or trickery. As a Rancho Cucamonga criminal defense attorney with extensive experience defending clients in San Bernardino County, Attorney John D. Lueck recognizes the importance of understanding this statute and its implications for those accused of such offenses. Learn more below about PC 484, and contact Attorney John D. Lueck if you have been charged with misdemeanor or felony offenses in San Bernardino County.
California Penal Code 484
California Penal Code 484 defines theft by fraud, deceit, or trickery as unlawfully obtaining someone else’s property through fraudulent or deceptive means. This can include various forms of deception, such as false pretenses, misrepresentation, or other fraudulent conduct.
Elements of the Offense
For a conviction under PC 484, several elements must be proven beyond a reasonable doubt:
- Intent to Deceive: The prosecution must demonstrate that the defendant intentionally deceived the victim to obtain their property.
- Fraudulent Conduct: The defendant’s actions must involve fraudulent or deceitful behavior, such as making false statements or promises.
- Obtaining Property: The defendant must have acquired the victim’s property through that fraudulent conduct.
Potential Penalties
The penalties for a conviction under PC 484 can vary depending on the value of the property stolen and the defendant’s criminal history. In general, theft offenses in California are categorized as either misdemeanors or felonies:
- Misdemeanor Theft: For property valued at less than $950, the offense is typically charged as a misdemeanor, punishable by fines and up to six months in county jail.
- Felony Theft: If the value of the stolen property exceeds $950 or if the defendant has prior theft convictions, the offense may be charged as a felony, carrying steeper penalties, including imprisonment in state prison.
Other Related Offenses
In addition to theft by fraud, deceit, or trickery under PC 484, individuals may also face charges for related offenses, such as:
- Embezzlement: Misappropriating funds or property entrusted to one’s care.
- Forgery: Falsifying documents or signatures with the intent to defraud.
- Identity Theft: Using someone else’s personal information for fraudulent purposes.
How a Criminal Defense Attorney Can Help
When facing allegations of theft by fraud or related offenses, the guidance of a skilled criminal defense attorney is invaluable. Attorney John D. Lueck is experienced in defending clients accused of theft crimes in Rancho Cucamonga and throughout San Bernardino County. With legal expertise, Attorney John D. Lueck possesses a deep understanding of California’s theft laws and can navigate the complexities of the legal system on behalf of his clients. He conducts a thorough review of the circumstances surrounding the alleged offense to identify weaknesses in the prosecution’s case and develop a strong defense strategy. Attorney Lueck leverages his negotiation skills to pursue favorable plea agreements or reduced charges when appropriate, minimizing the potential consequences for his clients. In the event the case goes to trial, Attorney Lueck provides aggressive representation in the courtroom, advocating tirelessly for his clients’ rights and interests.
Contact Attorney John D. Lueck to Defend Against Larceny and Theft Charges in Rancho Cucamonga and San Bernardino County
Theft by fraud, deceit, or trickery under California Penal Code 484 is a serious offense with significant legal consequences. For individuals facing such allegations in San Bernardino County, retaining the services of experienced criminal defense attorney John D. Lueck can be essential to protecting your rights and mounting a strong defense against the charges you face. Call our office at 908-484-1963 to schedule a free case evaluation. For immediate assistance, call attorney Lueck directly on his cell phone at 909-646-2736.