Expert Defense Against Theft, Burglary, Robbery, Embezzlement & Property Crimes in West Covina, Baldwin Park, Covina, Glendora & All Los Angeles County
Charged with a robbery and theft crime in West Covina? You’re facing criminal convictions ranging from petty theft misdemeanors to felony robbery with STRIKE allegations, prison sentences, massive restitution orders, and permanent criminal records branding you as “thief.” Whether accused of shoplifting at Plaza West Covina, grand theft, burglary, robbery, embezzlement, receiving stolen property, or auto theft, theft convictions devastate employment prospects, professional licenses, and future opportunities throughout Los Angeles County.
West Covina residents and workers face aggressive prosecution for theft-related offenses in the East Los Angeles Superior Court system. From shoplifting charges at The Shops at Sportsmen’s Lodge to sophisticated embezzlement allegations involving businesses along Garvey Avenue, theft accusations carry life-altering consequences. Los Angeles County prosecutes approximately 200,000 theft-related cases annually[1], making property crimes one of the most common charges facing California residents.
The stakes are impossibly high. A robbery conviction under California Penal Code Section 211 constitutes a serious felony STRIKE under California’s Three Strikes Law, meaning 85% mandatory prison time and sentence-doubling if you’re ever convicted of another felony. Grand theft convictions destroy professional licenses for nurses, contractors, real estate agents, and countless other professions. Even misdemeanor petty theft convictions create permanent criminal records that appear on background checks, torpedoing job applications, housing opportunities, and educational prospects.
West Covina’s location at the convergence of the 10 and 605 freeways, its major retail centers including Westfield West Covina, and its diverse residential and commercial districts create unique theft defense challenges. Accusations arise from retail theft at major stores, employee theft from restaurants and businesses along Azusa Avenue, vehicle burglaries in residential neighborhoods, and commercial burglaries targeting warehouses in the industrial areas near the border with Baldwin Park.
Tu Defensor Criminalista provides aggressive, intelligent defense against all theft and property crime charges in West Covina and throughout Los Angeles County. We don’t just process cases—we fight them. Our approach combines thorough investigation, strategic suppression motions, expert witnesses when appropriate, and relentless advocacy aimed at achieving dismissals, acquittals, reduced charges, or alternative resolutions that protect your freedom and future.
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Understanding California Theft Crimes and Robbery Charges
California law categorizes theft offenses across a complex spectrum of statutes, each carrying distinct elements, defenses, and consequences. Understanding these distinctions is critical because prosecutors often overcharge cases, and the difference between charges can mean the difference between misdemeanor probation and years in state prison.
Petty Theft (Penal Code § 484/488) involves taking property valued at $950 or less. While classified as a misdemeanor, petty theft convictions still create permanent criminal records and can result in up to six months county jail, three years probation, substantial fines, and restitution obligations. Shoplifting—the retail theft variant codified in Penal Code Section 459.5—falls within this category when the value remains under $950 and occurs during business hours.
Grand Theft (Penal Code § 487) applies when property value exceeds $950, or involves specific items like firearms or vehicles regardless of value. Grand theft can be charged as either a misdemeanor or felony based on case circumstances and criminal history. Felony grand theft carries up to three years state prison, while misdemeanor grand theft allows up to one year county jail. The California Department of Justice reports[2] that property crime rates fluctuate significantly by region, with urban areas experiencing higher rates of theft-related offenses.
Burglary (Penal Code §§ 459-460) criminalizes entering any structure with intent to commit theft or any felony inside. First-degree burglary involves residential structures and constitutes a serious felony STRIKE carrying two, four, or six years state prison. Second-degree burglary covers commercial structures and can be charged as either a misdemeanor (up to one year county jail) or felony (up to three years state prison). Critically, burglary requires only the intent to steal upon entry—no actual theft needs to occur.
Robbery (Penal Code § 211) involves taking property from someone’s person or immediate presence against their will through force or fear. Robbery always constitutes a felony and a serious STRIKE offense. First-degree robbery (targeting inhabited dwellings, drivers, or ATM users) carries three, four, or six years state prison. Second-degree robbery carries two, three, or five years. Robbery convictions require 85% time served under Penal Code Section 667.5(c).
Embezzlement (Penal Code § 503) involves fraudulently appropriating property entrusted to you. Common scenarios include employees taking company funds, caregivers stealing from elderly clients, or financial professionals misappropriating client money. Embezzlement charges depend on the value stolen—under $950 is typically petty theft, while larger amounts constitute grand theft with potential felony prosecution.
Receiving Stolen Property (Penal Code § 496) criminalizes buying, receiving, concealing, or selling property you knew was stolen. Like grand theft, receiving stolen property worth over $950 can be charged as a misdemeanor or felony. Prosecutors must prove you actually knew the property was stolen, not merely that you should have known.
Vehicle Theft and Joyriding involve separate statutes. Vehicle theft under Penal Code Section 487(d)(1) is grand theft auto, chargeable as a misdemeanor or felony. Unlawful taking or driving a vehicle (Penal Code § 10851) criminalizes taking or driving someone’s vehicle without permission and can be charged even for temporary use. Prosecutors often charge both statutes simultaneously.
West Covina theft cases frequently involve multiple charges arising from single incidents. A burglary arrest might include additional counts for possession of burglary tools, identity theft if documents were taken, receiving stolen property, and violation of probation if you’re on supervision. Strategic defense requires analyzing each charge independently and identifying weaknesses, inconsistencies, and opportunities for negotiation or dismissal.
Robbery and Theft Defense Lawyer West Covina
Effective theft defense in West Covina demands counsel who understands both the law and the local court system. The East Los Angeles Superior Court, where West Covina cases are prosecuted, processes thousands of property crime cases annually. Different judges, prosecutors, and departments have distinct approaches to case resolution, plea negotiations, and sentencing. Local knowledge matters enormously.
Our defense strategies begin with thorough case investigation. We obtain and analyze all police reports, witness statements, surveillance footage, and physical evidence. In retail theft cases, we scrutinize store security footage, interview loss prevention officers, and examine whether proper protocols were followed. In burglary cases, we investigate whether entry was actually unlawful or whether consent, mistake, or lack of felonious intent negates the charges.
Surveillance video has become ubiquitous in West Covina theft prosecutions. The Westfield West Covina mall, Plaza West Covina, and virtually every retail establishment maintain extensive camera systems. However, video evidence requires careful analysis—camera angles, time stamps, image quality, and the actual depicted conduct often differ from police descriptions in arrest reports. We frequently identify exculpatory footage that police ignored or footage that fails to conclusively establish identity or intent.
Intent represents the critical element in most theft crimes. Prosecutors must prove you intended to permanently deprive the owner of property or, in burglary cases, that you entered with felonious intent. Accidental taking, mistake of fact regarding ownership, good faith belief in the right to property, or entry without criminal intent all constitute complete defenses. We develop and present evidence supporting innocent explanations, challenging the prosecution’s ability to prove criminal intent beyond reasonable doubt.
Identification issues arise frequently, particularly in commercial burglaries, vehicle thefts, and robberies. Eyewitness identifications are notoriously unreliable, yet prosecutors routinely build cases on victim or witness identifications made under stressful, poorly lit, or brief circumstances. Research from the Innocence Project[3] demonstrates that eyewitness misidentification contributes to more wrongful convictions than any other factor. We challenge identifications through cross-examination, expert witnesses, and presentation of evidence regarding identification procedures and reliability factors.
In cases involving substantial evidence, strategic negotiation becomes critical. We leverage case weaknesses, legal issues, and mitigating circumstances to negotiate dismissals, reduced charges, or alternative dispositions. Reducing felony charges to misdemeanors avoids prison exposure, STRIKE consequences, and professional license impacts. Reducing grand theft to petty theft minimizes criminal record consequences. Achieving diversion, deferred entry of judgment, or other alternative programs can result in eventual dismissal.
Penal Code Section 1203.4 expungement relief provides critical post-conviction remedy. For qualifying convictions, expungement releases you from “penalties and disabilities” of conviction and allows you to truthfully state you haven’t been convicted (with limited exceptions). We advise clients regarding expungement eligibility and handle expungement petitions when appropriate.
Common Theft and Robbery Scenarios in West Covina
West Covina’s economic landscape creates specific theft-related scenarios. Understanding common case types helps illustrate defense approaches and challenges.
Retail Theft at Major Shopping Centers: The Westfield West Covina mall, Plaza West Covina, and numerous shopping centers along Azusa Avenue and Garvey Avenue experience constant shoplifting. Store loss prevention officers and West Covina Police Department officers aggressively pursue shoplifting arrests. These cases often involve surveillance footage, loss prevention testimony, and recovered merchandise. Defense challenges include proving intent, challenging identification, examining whether merchandise actually left the store, and negotiating resolutions that avoid formal convictions. Many first-time offenders qualify for diversion programs or civil compromise under Penal Code Section 1378, which can result in dismissal.
Employee Theft and Embezzlement: West Covina’s restaurants, retail stores, warehouses, and professional offices generate frequent employee theft accusations. Scenarios include servers accused of under-ringing sales, retail employees accused of processing fraudulent returns, warehouse workers accused of taking inventory, and office employees accused of misappropriating funds. These cases frequently involve circumstantial evidence, accounting discrepancies, and employer accusations lacking independent corroboration. Defense requires examining employment records, accounting practices, access controls, and alternative explanations for alleged shortages. Employers sometimes manufacture theft accusations to justify terminations or deflect from their own financial problems.
Vehicle Theft and Joyriding: West Covina’s residential neighborhoods and apartment complexes experience vehicle thefts and unauthorized vehicle use. Cases range from complete vehicle theft to unauthorized use by acquaintances, family members, or valets. Penal Code Section 10851 charges frequently arise from situations involving permission disputes—the owner claims they never gave permission, while the defendant claims they had consent or believed they had consent. Defense requires investigating the relationship between parties, communications regarding vehicle use, and circumstances surrounding the alleged theft.
Commercial Burglary: West Covina’s commercial and industrial areas experience burglaries targeting businesses, warehouses, and storage facilities. These cases often involve sophisticated police investigations, forensic evidence, surveillance footage from multiple locations, and charges against multiple defendants. Defense requires analyzing entry methods, examining evidence of identity, challenging inferences regarding intent, and investigating whether evidence was obtained through constitutional violations. Commercial burglary cases frequently involve co-defendants, creating opportunities for negotiation and cooperation agreements.
Residential Burglary: First-degree burglary charges arising from residential break-ins carry severe STRIKE consequences. These cases often involve forensic evidence, neighbor witnesses, and substantial property losses. Defense requires meticulous examination of entry circumstances, identity evidence, and intent elements. In some cases, entry may have been unlawful trespass rather than burglary if intent to commit theft cannot be proven. In other cases, entry may have been consensual or based on mistake.
Robbery: Robbery charges represent the most serious theft offenses. West Covina robbery cases include street robberies (particularly near transit centers and commercial areas), commercial robberies targeting businesses along major corridors, carjacking incidents, and “Estes robberies” where retail theft escalates to robbery through force or fear during loss prevention detention. Robbery defense requires examining whether force or fear actually occurred, whether property was taken from the person or immediate presence, and whether the defendant possessed the requisite specific intent. Some cases charged as robbery should be prosecuted as theft, assault, or other lesser offenses.
California Three Strikes Law and STRIKE Consequences
California’s Three Strikes Law dramatically increases sentences for defendants with prior serious or violent felony convictions. Understanding STRIKE consequences is essential for anyone facing robbery or burglary charges in West Covina.
Robbery under Penal Code Section 211 and residential burglary under Penal Code Section 460(a) both constitute serious felonies qualifying as STRIKES under Penal Code Sections 667(a) and 1192.7. A single STRIKE conviction has immediate and long-term consequences:
85% Minimum Time Served: STRIKE convictions require serving at least 85% of the imposed sentence under Penal Code Section 667.5(c), eliminating most custody credits and early release opportunities.
Second Strike Doubling: If you’re ever convicted of any felony with one prior STRIKE, your sentence doubles under Penal Code Section 667(e)(1). A standard three-year felony becomes six years.
Third Strike 25-to-Life: If you’re convicted of any felony with two prior STRIKES, you face 25 years to life in state prison under Penal Code Section 667(e)(2)(A).
Habitual Offender Enhancements: Prior STRIKE convictions trigger additional sentencing enhancements, including five-year serious felony priors under Penal Code Section 667(a).
The devastating consequences of STRIKE convictions make avoiding STRIKE offenses paramount. Even if you’re not facing significant time on a current charge, a STRIKE conviction creates lifetime exposure to extreme sentences. We prioritize negotiating non-STRIKE resolutions whenever possible, including reducing charges to non-STRIKE offenses or achieving dismissals through suppression motions or trial acquittals.
Recent criminal justice reforms have provided some relief from Three Strikes consequences. Proposition 36 (codified in Penal Code Section 1170.126) allows some third-strike inmates to petition for resentencing. Penal Code Section 1385 allows judges to dismiss STRIKE allegations “in furtherance of justice” under limited circumstances. However, these remedies provide no guarantee, making initial case resolution critical.
Constitutional Rights and Suppression Motions
Many West Covina theft and robbery cases involve constitutional violations that justify evidence suppression or case dismissal. Law enforcement errors, illegal searches, coerced statements, and identification procedure violations occur regularly. Identifying and litigating these issues requires understanding both constitutional law and suppression motion practice.
Fourth Amendment Search and Seizure Issues: The Fourth Amendment prohibits unreasonable searches and seizures. Police need probable cause to arrest and, with limited exceptions, warrants to search property. Common violations include:
Warrantless vehicle searches without probable cause or valid consent
Searches of backpacks, purses, or pockets without consent or search incident to arrest justification
Prolonged detentions without reasonable suspicion
Pretextual stops lacking legitimate basis
Searches based on coerced or invalid consent
Successful suppression motions under Penal Code Section 1538.5 can exclude evidence, often resulting in prosecution dismissals when critical evidence is suppressed.
Fifth Amendment Miranda Rights: Police must advise suspects of Miranda rights before custodial interrogation. Statements obtained in violation of Miranda are inadmissible. West Covina theft cases frequently involve police interrogations at arrest scenes, in patrol cars, or at the police station. We analyze whether you were in custody, whether interrogation occurred, whether Miranda warnings were properly given, and whether you knowingly and intelligently waived rights before making statements.
Sixth Amendment Right to Counsel: The Sixth Amendment guarantees the right to counsel at critical stages of prosecution. Police questioning after formal charges are filed requires counsel presence unless you waive rights with counsel present. Violations result in statement suppression.
Due Process and Identification Procedures: Unnecessarily suggestive identification procedures that create substantial likelihood of misidentification violate due process under the California Constitution[4]. We challenge show-ups, photographic lineups, and in-court identifications that were impermissibly suggestive.
Suppression motions require formal noticed hearings where defense bears the initial burden of establishing standing and a prima facie case for suppression. The burden then shifts to prosecution to justify the search, seizure, or interrogation. Successful motions can eliminate crucial evidence, forcing dismissals or creating overwhelming negotiation leverage.
Theft Diversion Programs and Alternative Resolutions
California law provides various diversion and alternative resolution programs for theft offenses. These programs allow eligible defendants to complete counseling, community service, or other requirements in exchange for dismissal.
Penal Code Section 1001.50 Pretrial Diversion: This statute authorizes pretrial diversion for various offenses, including theft crimes. Defendants complete counseling and conditions during a diversion period (typically six months to two years). Upon successful completion, charges are dismissed. Diversion is not a conviction and creates no criminal record if completed successfully.
Eligibility requirements include no prior diversion within five years, no threats of harm or weapon use in the offense, and court determination that diversion would be in the interest of justice. Los Angeles County has implemented broad diversion policies[5] making many first-time and even some repeat offenders eligible.
Penal Code Section 1378 Civil Compromise
For misdemeanor theft and property crimes, victims can accept civil restitution and sign declarations requesting dismissal. The court then dismisses the case under Penal Code Section 1378 if the offense was committed against property, the victim’s civil remedy has been satisfied, and dismissal wouldn’t be contrary to justice.
Civil compromise requires victim cooperation, which we facilitate through negotiation. Victims often prefer immediate guaranteed restitution over uncertain criminal court restitution orders. Successful civil compromise results in complete dismissal without conviction.
Deferred Entry of Judgment (DEJ): Though eliminated for most offenses, DEJ-style dispositions remain available through negotiation. Defendants plead guilty or no contest, but entry of judgment is deferred while they complete conditions. Upon successful completion, the plea is withdrawn and charges dismissed.
Conditional Sentences and Probation: When diversion isn’t available and conviction is likely, negotiating favorable probation terms becomes critical. This includes house arrest in lieu of jail, community service in lieu of jail, delayed sentencing pending compliance with conditions, or rehabilitation programs addressing underlying issues like substance abuse or mental health.
The availability and terms of alternative programs depend on charge severity, criminal history, case facts, and prosecutor/judge discretion. Early intervention, thorough case presentation, and strategic advocacy maximize opportunities for favorable resolutions.
Defending Against Robbery Charges
Robbery charges require specialized defense strategies given their severity and STRIKE consequences. Robbery contains specific elements that prosecutors must prove beyond reasonable doubt:
Taking property from someone’s person or immediate presence
Against the victim’s will
By means of force or fear
With intent to permanently deprive the owner of the property
Each element creates defense opportunities. “Force or fear” requires actual force or threats creating reasonable fear. Pickpocketing isn’t robbery if no force is used. Taking property from an unoccupied vehicle isn’t robbery because the property wasn’t in anyone’s immediate presence. Taking property you honestly believed was yours isn’t robbery due to lack of intent to steal.
Estes Robbery Defense: Shoplifting cases sometimes escalate to robbery charges when defendants use force to escape loss prevention detention. In People v. Estes (1983), California courts held that using force to escape after shoplifting can constitute robbery if the defendant still possesses the stolen property. However, Estes requires that the defendant formed the intent to steal before or during the use of force. If the defendant used force solely to escape and had already abandoned the property or had no intent to permanently keep it, robbery charges may not apply.
Lack of Force or Fear: Prosecutors sometimes overcharge simple thefts as robberies. Merely taking property without the owner’s consent isn’t robbery unless force or fear is used. We challenge whether the victim actually experienced fear or whether any force was used.
Identity Defense: In robbery cases involving masked suspects, brief encounters, or traumatic circumstances, identity becomes disputable. Eyewitness identifications made under stress are particularly unreliable.
Diminished Capacity and Voluntary Intoxication: While not complete defenses, evidence of intoxication or mental impairment can negate the specific intent required for robbery, potentially reducing charges to assault or theft.
Robbery cases demand aggressive defense from the outset. The STRIKE consequences and mandatory prison sentences make early investigation, strategic litigation, and relentless advocacy essential.
Your Rights During West Covina Theft Investigations
Understanding your constitutional rights when facing theft allegations can prevent self-incrimination and preserve defense options.
Right to Remain Silent: The Fifth Amendment guarantees the right against self-incrimination. You cannot be compelled to answer police questions or provide information that might incriminate you. Exercise this right politely but firmly: “I am invoking my right to remain silent and my right to an attorney. I will not answer questions without my lawyer present.”
Right to Refuse Searches: You can refuse consent to searches of your person, vehicle, home, or belongings. Police may search anyway if they have a warrant or probable cause, but refusing consent preserves your ability to challenge the search later. Never physically resist, but clearly state: “I do not consent to this search.”
Right to an Attorney: You have the right to consult with an attorney before answering police questions. Once you invoke this right, police must stop questioning. Request an attorney immediately upon any theft accusation or arrest.
Right to Leave (If Not Under Arrest): If you’re not under arrest, you can ask “Am I free to leave?” If the officer says yes, calmly leave. If the officer says no, you’re being detained and should invoke your right to silence and counsel.
Recording Police Encounters: California law allows recording police in public spaces, including during traffic stops and arrests, as long as you don’t interfere with their duties. Your smartphone can document the encounter and preserve evidence.
Police use various tactics to elicit admissions, including minimizing the offense (“we just need to clear this up”), claiming they’ll help you (“cooperate and it’ll go better”), or suggesting evidence against you is overwhelming (“we already know you did it”). These tactics are designed to overcome your reluctance to self-incriminate. Remain silent and request an attorney.
Penalties and Consequences for Theft Convictions
Theft conviction consequences extend far beyond criminal sentences. Understanding the full range of repercussions is essential for making informed decisions about case strategy.
Criminal Sentences: Sentence ranges vary by offense:
Petty theft (PC § 484/488): Up to 6 months jail, fines up to $1,000
Grand theft (PC § 487) – misdemeanor: Up to 1 year jail
Grand theft (PC § 487) – felony: 16 months, 2 years, or 3 years state prison
Second-degree burglary – misdemeanor: Up to 1 year jail
Second-degree burglary – felony: 16 months, 2 years, or 3 years state prison
First-degree burglary (PC § 460): 2, 4, or 6 years state prison (STRIKE)
Second-degree robbery (PC § 211): 2, 3, or 5 years state prison (STRIKE)
First-degree robbery (PC § 211): 3, 4, or 6 years state prison (STRIKE)
Sentences increase with aggravating factors including high value losses, sophisticated methods, multiple victims, or targeting vulnerable victims. Prior convictions can enhance sentences dramatically.
Restitution: California Constitution Article I, Section 28 guarantees crime victims’ restitution rights. Courts must order full restitution for economic losses suffered by victims as a result of theft. Restitution can include property value, repair costs, lost wages, and other documented losses. Restitution orders survive bankruptcy and can be enforced through wage garnishment and civil judgment collection methods.
Professional License Consequences: Theft convictions involving dishonesty constitute grounds for license discipline or denial for numerous professions. The California Department of Consumer Affairs[6] oversees dozens of licensing boards that scrutinize criminal convictions. Affected professions include nursing, real estate, contracting, accounting, insurance, law, pharmacy, security guards, and many others. Even misdemeanor theft convictions can result in license suspension, revocation, or denial.
Immigration Consequences: Theft offenses can constitute aggravated felonies or crimes involving moral turpitude under federal immigration law. Theft convictions can result in deportation, inadmissibility, and ineligibility for naturalization for non-citizens. U.S. Citizenship and Immigration Services[7] and immigration courts analyze theft convictions under complex federal frameworks. We work with immigration counsel to evaluate immigration consequences and structure resolutions to minimize immigration impacts when possible.
Employment Consequences: Criminal background checks have become standard for most employment. Theft convictions signal dishonesty to employers, making employment exceedingly difficult. Jobs involving financial responsibility, access to property, or positions of trust become virtually inaccessible.
Housing Consequences: Landlords routinely conduct criminal background checks. Theft convictions raise concerns about property security and tenant reliability, leading to rental application denials.
Educational Consequences: Colleges and universities may deny admission or financial aid based on criminal convictions. Professional schools scrutinize convictions during admissions processes.
Gun Rights: Felony theft convictions result in lifetime prohibition on firearm possession under California and federal law. Even after completing sentence and probation, convicted felons cannot own, purchase, or possess firearms.
These collateral consequences often exceed direct criminal penalties in their life impact. Avoiding conviction—through dismissal, diversion, or alternative disposition—is therefore paramount.
Why Choose Tu Defensor Criminalista for West Covina Theft Defense
Selecting defense counsel is the most important decision you’ll make when facing theft charges. The attorney you choose will determine your defense strategy, investigation quality, litigation approach, and ultimately your case outcome.
Local Expertise in Los Angeles County: We practice extensively in the East Los Angeles Superior Court where West Covina cases are prosecuted. We know the judges, prosecutors, and court staff. We understand local practices, protocols, and negotiation dynamics. This local knowledge creates strategic advantages unavailable to attorneys unfamiliar with the courthouse.
Aggressive Litigation Approach: We don’t simply process cases toward negotiated pleas. We thoroughly investigate, file strategic motions, challenge evidence, and prepare for trial. Prosecutors know we’re willing to litigate aggressively, creating negotiating leverage and often resulting in better plea offers or outright dismissals.
Personalized Attention: You’re not a file number. We take time to understand your unique circumstances, concerns, and goals. We explain options clearly, provide honest assessments, and include you in strategic decisions affecting your case.
Proven Track Record: We’ve successfully defended hundreds of theft, robbery, and burglary cases throughout Los Angeles County. Our results include dismissed charges, suppressed evidence, not guilty verdicts, reduced charges, avoided prison sentences, and preserved immigration status.
Comprehensive Investigation: Effective defense requires thorough investigation beyond police reports. We interview witnesses, visit crime scenes, obtain surveillance footage, consult experts, and develop evidence supporting your defense. In appropriate cases, we employ private investigators, forensic accountants, and other specialists.
Strategic Negotiation: While we prepare every case for trial, most cases resolve through negotiation. We leverage case weaknesses, legal issues, and mitigating evidence to negotiate optimal resolutions. Our reputation for aggressive litigation motivates prosecutors to make reasonable offers.
Trial Experience: If trial becomes necessary, we’re prepared. We’ve tried numerous theft and robbery cases to verdict. Trial experience creates confidence in case evaluation and negotiation, distinguishing us from attorneys who avoid trial.
Transparent Communication: We maintain regular contact, return calls promptly, and keep you informed about case developments. You’ll understand what’s happening and why at every stage.
Flexible Payment Options: We offer reasonable fees and payment plans because everyone deserves quality defense regardless of financial circumstances.
Theft and robbery charges threaten your freedom, reputation, and future. You need defense counsel who will fight for you relentlessly while guiding you through the process with honesty and expertise.
The West Covina Criminal Justice Process for Theft Cases
Understanding how theft cases proceed through the Los Angeles County criminal justice system helps you anticipate what’s ahead and make informed decisions.
Arrest and Booking: Most theft cases begin with arrest. West Covina Police Department officers arrest you and transport you to the West Covina Police Department for booking, which includes fingerprinting, photographing, and computer entry of arrest information. You’re then transferred to a Los Angeles County Sheriff’s facility for custody pending arraignment.
Bail and Release: Bail schedules establish presumptive bail amounts for various offenses. Many misdemeanor theft offenses allow release on citation (a promise to appear) or own recognizance release. Felony charges typically require posting bail or appearing before a judge for a bail hearing. Bail can range from $5,000 for simple grand theft to $50,000 or more for robbery. We can file bail motions arguing for reduced bail or OR release based on your ties to the community, lack of flight risk, and minimal public safety risk.
Arraignment: Your first court appearance, typically within 48 hours of arrest (excluding weekends and holidays) if you’re in custody, or within several weeks if you’re out of custody. At arraignment, the court advises you of charges, constitutional rights, and possible penalties. You enter a plea of guilty, not guilty, or no contest. We typically enter not guilty pleas at arraignment to preserve all options. The court also addresses custody status and bail.
Pretrial Proceedings: Following arraignment, cases proceed through several pretrial stages. The prosecution provides discovery (police reports, witness statements, evidence). We file motions challenging evidence, seeking additional discovery, or requesting case dismissal. Pretrial conferences with prosecutors explore resolution possibilities. This stage typically lasts several months and involves multiple court appearances.
Preliminary Hearing (Felony Cases): Felony cases require preliminary hearings within 10 court days if you’re in custody or 60 calendar days if you’re out. At the preliminary hearing, a judge determines whether probable cause exists to believe you committed the charged offenses. The prosecution presents witnesses and evidence. We cross-examine witnesses and can present defense evidence, though strategic considerations often counsel limited defense participation. If the judge finds probable cause, you’re “held to answer” and the case proceeds to Superior Court for trial.
Trial: If no negotiated resolution is achieved, cases proceed to jury trial. Misdemeanors are tried before 12-person juries in the courthouse where the case originated. Felonies are tried before 12-person juries in downtown Los Angeles Superior Court or other designated trial departments. Trials involve jury selection, opening statements, witness testimony, cross-examination, evidence presentation, closing arguments, jury instructions, and jury deliberations. Verdicts must be unanimous. Trials typically last several days to several weeks depending on case complexity.
Sentencing: If convicted after trial or by plea, sentencing occurs at a separate hearing. The probation department prepares a pre-sentence report including your criminal history, case facts, and sentencing recommendation. At sentencing, both sides present arguments and evidence regarding appropriate sentences. The judge imposes sentence within statutory parameters, including custody time, probation terms, fines, and restitution.
Appeals: Convictions can be appealed to the California Court of Appeal on legal grounds including evidentiary errors, instructional errors, prosecutorial misconduct, or insufficient evidence. Appeals must be filed within 60 days of sentencing.
This process creates multiple opportunities for defense intervention—challenging evidence through suppression motions, negotiating favorable resolutions, presenting defense at preliminary hearings, and fighting aggressively at trial.
Frequently Asked Questions – Assault and Battery
What’s the difference between petty theft and grand theft in California?
The primary difference is property value. Petty theft involves property valued at $950 or less and is a misdemeanor. Grand theft involves property exceeding $950 in value (or specific items like firearms regardless of value) and can be charged as either a misdemeanor or felony depending on circumstances and criminal history.
Can shoplifting charges be reduced or dismissed?
Yes. Many shoplifting cases resolve through diversion programs, civil compromise, reduced charges, or outright dismissal. First-time offenders particularly have strong prospects for favorable resolutions avoiding formal convictions. Even repeat offenders may achieve reduced charges through negotiation.
What makes burglary different from theft?
Burglary requires entering a structure with intent to commit theft or any felony inside—no property actually needs to be taken. Theft requires actually taking property. Burglary is generally more serious, with residential burglary constituting a serious felony STRIKE.
What is California’s Three Strikes Law and how does it affect robbery cases?
California’s Three Strikes Law imposes dramatically increased sentences on defendants with prior serious or violent felony convictions. Robbery is a serious felony STRIKE. One STRIKE requires 85% time served. Two STRIKES doubles sentences. Three STRIKES mandates 25 years to life.
Can I be charged with robbery for shoplifting if I pushed someone while leaving the store?
Potentially yes, under the Estes doctrine. If you use force or fear to retain stolen property, simple theft can escalate to robbery. However, successful defenses exist, including lack of intent to permanently keep property, force used only to escape rather than retain property, or challenging whether force actually occurred.
What should I do if police want to question me about theft allegations?
Politely invoke your right to remain silent and your right to an attorney. Do not answer questions without legal counsel present. Anything you say can be used against you, even statements you believe are exculpatory or helpful.
Will a theft conviction affect my professional license?
Potentially yes. Many licensing boards consider theft convictions—particularly those involving dishonesty—as grounds for license discipline or denial. Professions affected include nursing, real estate, contracting, accounting, law, and many others. Avoiding conviction through diversion or dismissal is therefore critical.
Can theft charges be expunged from my record?
Under certain circumstances, yes. Penal Code Section 1203.4 allows petition for dismissal of convictions where you successfully completed probation. Expungement releases you from penalties and disabilities of conviction, though some consequences remain, particularly for immigration and firearm prohibition purposes.
What is civil compromise and how does it work?
Civil compromise under Penal Code Section 1378 allows misdemeanor property crime charges to be dismissed if the victim accepts restitution and requests dismissal. The defendant pays the victim for their losses, the victim signs a declaration requesting dismissal, and the court dismisses the case if dismissal wouldn’t be contrary to justice.
How does property value get determined in theft cases?
Property value is typically determined by fair market value at the time of theft. Prosecution may present receipts, expert appraisals, witness testimony, or online pricing for comparable items. Defense can challenge valuations through competing evidence. Value determinations are critical because they determine whether charges constitute petty or grand theft.
Can I be convicted of burglary if I had permission to enter?
Generally no. Burglary requires unlawful entry. However, if you entered with permission but formed intent to commit theft or felony after entry, entry originally lawful can become unlawful. Additionally, if permission to enter was obtained through fraud or misrepresentation, courts may find entry unlawful.
What happens if I can’t pay restitution ordered by the court?
Courts cannot revoke probation solely for inability to pay restitution. However, willful failure to pay can result in probation violation. Courts must consider ability to pay and can modify payment terms, reduce amounts, or convert to community service. Restitution orders survive probation termination and can be enforced as civil judgments.
How long do theft and robbery cases typically take to resolve?
Timeframes vary significantly. Simple misdemeanor theft cases may resolve within weeks through diversion or negotiation. Complex felony cases involving extensive evidence, multiple defendants, or contested issues may take many months or over a year to reach resolution through trial. Early intervention by experienced counsel can expedite favorable resolutions.
What are the immigration consequences of theft convictions?
Theft offenses can constitute crimes involving moral turpitude or aggravated felonies under immigration law, potentially resulting in deportation, inadmissibility, and naturalization ineligibility. Immigration consequences depend on specific offense, sentence imposed, and individual immigration status. Non-citizens facing theft charges should consult with both criminal defense counsel and immigration attorneys.
Can I get a theft case dismissed if the store didn’t follow proper procedures?
Potentially. California law requires retailers follow specific procedures when detaining suspected shoplifters. Violations of these procedures can provide grounds for civil lawsuits and may affect criminal prosecution. However, procedural violations alone typically don’t require dismissal unless they violated constitutional rights or prevented fair trial. Strategic negotiation can leverage procedural issues to achieve favorable resolutions.
Contact Tu Defensor Criminalista for West Covina Robbery and Theft Defense
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I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...