Theft Crimes Defense Attorney in Kern County

Burglary, Robbery & Shoplifting Lawyer Bakersfield

Expert Defense Against Theft, Burglary, Robbery, Embezzlement & Property Crimes in Bakersfield, Delano, Ridgecrest, Wasco & All Kern County

Charged with theft crime in Kern County? 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, grand theft, burglary, robbery, embezzlement, receiving stolen property, or auto theft, theft convictions devastate employment prospects, professional licenses, and future opportunities.

Attorney Armando Josué Cespedes provides aggressive theft crimes defense throughout Kern County—Bakersfield, Delano, Ridgecrest, Wasco, Arvin, Shafter, Tehachapi, McFarland, California City, and every Kern County community. Perfect 5.0 Avvo rating with 34 five-star reviews and three consecutive Client’s Choice Awards (2023, 2024, 2025).

Many theft accusations involve misunderstandings, mistaken identity, false accusations by retailers, or situations where you believed you had right to property. We challenge prosecution’s evidence, expose false allegations, and protect your rights.

Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español

Understanding California’s Theft Laws

Overview of Theft in California

Penal Code § 484 – General Theft Statute: Theft is taking property belonging to another with intent to permanently deprive owner of possession.

Types of Theft:

• Larceny (taking and carrying away)
• Embezzlement (fraudulent appropriation by person entrusted with property)
• False pretenses (obtaining property through fraud/deceit)
• Theft by trick (obtaining possession through fraud, ownership remains with victim)

Proposition 47 (2014) – Major Theft Reform: According to ^[1]California Courts Proposition 47 Information^[1], voters passed Proposition 47 reducing many theft crimes from felonies to misdemeanors:

Key Changes:

• Raised felony theft threshold from $450 to $950
• Created separate shoplifting statute (PC § 459.5)
• Reduced receiving stolen property to misdemeanor (if under $950)
• Allowed resentencing for old theft felonies

Petty Theft vs. Grand Theft

Petty Theft (PC § 484/488):

• Property valued at $950 or less
• Misdemeanor: Up to 6 months jail, $1,000 fine

Grand Theft (PC § 484/487):

• Property valued over $950, OR
• Any vehicle (regardless of value), OR
• Firearm, OR
• Property taken from person

Grand Theft Penalties:

• Wobbler (misdemeanor or felony)
• Misdemeanor: Up to 1 year jail
• Felony: 16 months, 2, or 3 years state prison

Enhanced Grand Theft:

• Over $65,000: Additional 1 year
• Over $200,000: Additional 2 years
• Over $1,300,000: Additional 3 years
• Over $3,200,000: Additional 4 years

Kern County Theft Crime Statistics

According to the ^[2]California Department of Justice^[2], property crimes including theft are common in Kern County:

Property Crime Data:

• Thousands of larceny-theft offenses annually
• Motor vehicle theft significant problem
• Burglary (residential and commercial)
• Shoplifting at retail locations throughout county

Common Kern County Theft Locations:

• Bakersfield retail (Valley Plaza, East Hills Mall, Marketplace)
• Home Depot, Lowe’s, Walmart, Target
• Auto theft throughout Bakersfield metro
• Agricultural equipment theft (rural Kern County)
• Oil field equipment theft

Major Theft Crimes in Kern County

PC § 459.5 – Shoplifting (Proposition 47)

The Law: Entering commercial establishment during business hours with intent to commit theft where value of property does not exceed $950.

Created by Proposition 47: Previously charged as burglary (felony), now separate misdemeanor.

Penalties:

• Misdemeanor: Up to 6 months jail, $1,000 fine
• Court may order restitution to retailer
• Community service
• Probation

Common Kern County Scenarios:

• Bakersfield retail store theft
• Self-checkout “errors”
• Concealing merchandise and leaving without paying
• Price tag switching
• Return fraud (stealing item, returning for refund)

What Retailers Do:

• Loss prevention officers monitor shoppers
• Surveillance cameras throughout stores
• Apprehend suspected shoplifters
• Call police (Bakersfield PD, Sheriff)
• Pursue criminal charges AND civil demand letters

Civil Demand (PC § 490.5): Retailers can demand civil penalty ($50-$500) separate from criminal case. Paying doesn’t prevent criminal prosecution.

Defenses:

• No intent to steal (forgot to pay, intended to return)
• Mistake (thought item was different price, already paid)
• False accusation by overzealous loss prevention
• Mistaken identity
• Insufficient evidence

PC § 487(d)(1) – Grand Theft Auto

The Law: Taking vehicle valued over $950 (essentially all vehicles).

Penalties:

• Wobbler: Misdemeanor or felony
• Misdemeanor: Up to 1 year jail
• Felony: 16 months, 2, or 3 years prison

Kern County Auto Theft: According to ^[3]National Insurance Crime Bureau (NICB)^[3], Bakersfield consistently ranks among California cities with highest auto theft rates.

Common Scenarios:

• Vehicles stolen from Bakersfield neighborhoods
• Theft from parking lots (malls, businesses)
• Carjackings (see PC § 215 below for violent taking)
• Joyriding (VC § 10851 – unlawful taking/driving)

VC § 10851 vs. PC § 487(d)(1):

• VC § 10851: Taking vehicle without owner’s consent (intent to permanently OR temporarily deprive)
• PC § 487(d)(1): Theft with intent to permanently deprive
• Prosecution often charges VC § 10851 (easier to prove—no permanent deprivation required)

Defenses:

• Consent (owner let you borrow vehicle)
• Claim of right (believed you had right to vehicle)
• Mistaken identity (wrong person accused)
• No intent to permanently deprive (joyriding, not theft)

PC § 459 – Burglary

The Law: Entering structure (building, room, vehicle) with intent to commit theft or any felony.

Two Degrees:

First Degree Burglary (Residential):

• Burglary of inhabited dwelling
• Felony: 2, 4, or 6 years state prison
• STRIKE offense
• Cannot be reduced to misdemeanor

Second Degree Burglary (Commercial):

• All other burglaries (stores, businesses, vehicles)
• Wobbler: 16 months/2/3 years prison (felony) or 1 year jail (misdemeanor)

Critical Element – Intent: Must have intent to commit theft or felony at time of entry. If entered lawfully then decided to steal, it’s theft, not burglary.

Common Kern County Burglaries:

Residential:

• Home burglaries in Bakersfield neighborhoods
• Apartment break-ins
• Rural home burglaries (Tehachapi, outlying areas)

Commercial:

• After-hours store burglaries
• Business break-ins
• Construction site thefts

Vehicle:

• Car burglaries (smash and grab)
• Theft from vehicles in parking lots

Proposition 47 Impact: Shoplifting (entering store to steal under $950) now PC § 459.5 misdemeanor, NOT burglary.

Defenses:

• No intent to steal when entered (formed intent later)
• Consent to enter (door unlocked, open to public)
• Claim of right (believed property was yours)
• Mistaken identity
• False accusation

PC § 211 – Robbery

The Law: Taking personal property from person or immediate presence, against their will, by force or fear.

Elements:

1. Took property not yours
2. From person’s possession or immediate presence
3. Against person’s will
4. By force or fear
5. Intent to permanently deprive

Degrees:

First Degree Robbery:

• Robbery of driver/passenger of vehicle for hire, in inhabited dwelling, or at ATM
• Felony: 3, 4, or 6 years prison
• STRIKE offense

Second Degree Robbery:

• All other robberies
• Felony: 2, 3, or 5 years prison
• STRIKE offense

Force or Fear Requirement: What distinguishes robbery from theft—use of force or putting victim in fear.

Common Kern County Robberies:

• Convenience store robberies (Bakersfield, Delano)
• Street robberies (mugging)
• Commercial business robberies
• ATM robberies
• Carjacking (also PC § 215)

Enhancements:

• Great bodily injury: Additional 3-6 years
• Firearm use: Additional 10-25 years to life
• Multiple victims: Consecutive sentences possible

Defenses:

• No force or fear (victim gave property voluntarily)
• Claim of right (believed property was yours—negates intent)
• Mistaken identity
• False accusation
• Self-defense (took property while defending yourself)

Critical Difference from Theft: Robbery is violent crime, STRIKE offense with much harsher penalties than simple theft.

PC § 215 – Carjacking

The Law: Taking motor vehicle from person’s immediate presence, against will, by force or fear, with intent to temporarily or permanently deprive.

Penalties:

• Felony: 3, 5, or 9 years state prison
• STRIKE offense
• Life with 15-year minimum if great bodily injury

Kern County Carjackings:

• Parking lot takeovers (malls, gas stations)
• Street carjackings
• Highway/freeway incidents

Defenses:

• No force or fear used
• Consent to take vehicle
• Mistaken identity

PC § 503/508 – Embezzlement

The Law: Fraudulent appropriation of property by person to whom it was entrusted.

Elements:

1. Owner entrusted property to you
2. Owner trusted you
3. You fraudulently converted property for own use
4. Intended to deprive owner

Common Scenarios:

• Employee theft (cashier skimming, bookkeeper diverting funds)
• Corporate embezzlement (CFO stealing company funds)
• Trust account theft (attorney stealing from IOLTA accounts)
• Contractor taking deposits and not completing work

Penalties:

• Under $950: Petty theft misdemeanor
• Over $950: Grand theft wobbler
• Enhanced penalties for large amounts

Defenses:

• Claim of right (believed entitled to money)
• Intent to repay (borrowed, not stole)
• False accusation (employer retaliation)
• Accounting errors (no theft occurred)
• Authorization (employer permitted use)

Consequences:

• Massive restitution orders
• Civil lawsuits (treble damages possible)
• Professional license revocation (attorneys, CPAs, contractors)

PC § 496 – Receiving Stolen Property

The Law: Buying, receiving, concealing, selling, or withholding stolen property knowing it’s stolen.

Elements:

1. Property was stolen
2. You bought, received, concealed, sold, or withheld property
3. You knew property was stolen (or should have known)

Penalties (Post-Proposition 47):

• Under $950: Misdemeanor (6 months jail, $1,000 fine)
• Over $950: Wobbler (16 months/2/3 years prison OR 1 year jail)

Common Scenarios:

• Buying property from thief (craigslist, pawn shop)
• Possessing stolen goods
• Selling stolen merchandise
• Fencing operations

Knowledge Requirement: Prosecution must prove you knew or reasonably should have known property was stolen.

Defenses:

• Didn’t know property was stolen
• Paid fair market value (indicates good faith)
• No reason to suspect property stolen
• Property wasn’t actually stolen
• Insufficient evidence of knowledge

PC § 470 – Forgery

The Law: Signing another person’s name, counterfeiting, falsifying documents with intent to defraud.

Common Forms:

• Check forgery (signing another’s name on check)
• Credit card fraud
• Forging signatures on documents
• Creating fake IDs
• Altering prescriptions

Penalties:

• Wobbler: 16 months/2/3 years prison OR 1 year jail
• Fines, restitution

Defenses:

• No intent to defraud
• Had authorization to sign
• Not your signature/handwriting
• Mistaken identity

PC § 530.5 – Identity Theft

The Law: Willfully obtaining another person’s personal identifying information and using it for unlawful purpose.

Examples:

• Using someone’s credit card
• Opening accounts in another’s name
• Using another’s Social Security number
• Tax refund fraud
• Medical identity theft

Penalties:

• Misdemeanor: Up to 1 year jail
• Felony (if prior conviction or elder victim): 16 months/2/3 years prison

Defenses:

• Didn’t use information for unlawful purpose
• Had consent to use information
• Mistaken identity
• False accusation

Proposition 47 and Theft Crimes

Major Changes to California Theft Law

What Proposition 47 Did (2014):

According to ^[1]California Courts^[1]:

1. Raised Felony Theft Threshold:

• Old law: $450+
• New law: $950+
• Most theft under $950 now misdemeanor

2. Created Shoplifting Statute:

• Entering store to steal under $950 = shoplifting (misdemeanor)
• Previously charged as burglary (felony)

3. Reduced Receiving Stolen Property:

• Under $950 now misdemeanor

4. Reduced Check/Access Card Fraud:

• Under $950 now misdemeanor

5. Resentencing Available:

• PC § 1170.18 allows people with old theft felonies to petition for resentencing

Who Benefits from Proposition 47?

Current Cases:

• Arrested for theft under $950 = misdemeanor (not felony)
• Less jail time
• No state prison
• Probation more likely

Past Convictions:

• Can petition to reduce old theft felonies to misdemeanors
• Dismissal after reduction
• Clear felony from record

How to Petition: File PC § 1170.18 petition in court where convicted, show:

• Convicted of now-reclassified offense
• Completed sentence
• Not disqualified (certain violent/sex offenders ineligible)

Consequences of Theft Convictions

Criminal Penalties

Jail/Prison:

• Misdemeanor: Up to 1 year county jail
• Felony: 16 months to 3 years state prison (more with enhancements)

Fines:

• Misdemeanors: Up to $1,000
• Felonies: Up to $10,000

Probation:

• Summary probation (misdemeanor): 1-3 years
• Formal probation (felony): 3-5 years

Restitution

Must Pay Back Victims:

• Full value of stolen/damaged property
• Repair costs
• Lost wages
• Medical expenses (if injury involved)

Collection Methods:

• Wage garnishment
• Bank levies
• Tax refund intercepts
• Restitution orders enforceable for 10 years (renewable)

Civil Consequences

Civil Lawsuits: Victims can sue for:

• Actual damages
• Treble damages (3x) under some statutes
• Attorney’s fees
• Punitive damages

Example:

• Steal $10,000
• Criminal restitution: $10,000
• Civil lawsuit: $30,000 (treble damages) + $5,000 attorney fees = $35,000
• Total: $45,000

Employment Consequences

Background Checks:

• Theft convictions appear on all background checks
• Labeled “crime of moral turpitude” (dishonesty)
• Most damaging for employment

Cannot Work:

• Positions of trust (banking, finance, accounting)
• Handling money or merchandise
• Government jobs requiring security clearance
• Many retail positions
• Professional licenses affected

Professional Licenses

License Discipline:

• Attorneys: Disbarment for trust account theft
• CPAs: License revocation
• Contractors (CSLB): License suspension/revocation
• Real estate agents (DRE): License discipline
• Medical professionals: Board discipline
• Security guards: BSIS license revocation

Immigration Consequences

Deportability:

• Theft with intent to permanently deprive = crime of moral turpitude
• Single conviction with 1+ year potential sentence = deportable
• Two moral turpitude convictions = deportable
• Fraud-related theft can be aggravated felony = mandatory deportation

Powerful Defenses to Theft Charges

1. Claim of Right – You Believed Property Was Yours

The Law: If you had good faith belief you had right to property, no criminal intent to steal.

What We Prove:

• You believed property belonged to you
• You had ownership interest or right to property
• Belief was honest (even if mistaken)

Examples:

• Took item from shared residence believing it was yours
• Repossessed property you believed you owned
• Took property to settle debt owed to you
• Business partner taking business property believing entitled

Evidence:

• Documents showing ownership claim
• Communications about property rights
• History of possession
• Your reasonable belief

Result: Claim of right = no intent to steal = not guilty

2. Lack of Intent to Permanently Deprive

The Law: Theft requires intent to permanently deprive owner. If intended to return or temporarily use, may not be theft.

What We Prove:

• You intended to return property
• Borrowed without permission (not stole)
• Temporarily used property
• Intended to pay for item

Examples:

• Borrowed tool without asking, intended to return
• Took vehicle for temporary use (joyriding, not theft)
• Forgot to pay for item, intended to pay

Evidence:

• Your statements about intent to return
• Attempts to return property
• Prior borrowing arrangements
• Pattern of returning items

Result: No intent to permanently deprive = not theft (may be lesser charge or civil matter)

3. Consent or Permission

The Law: If owner consented to you taking property, no theft.

What We Prove:

• Owner gave you permission
• Owner knew you were taking property
• Consent was voluntary

Examples:

• Borrowed item with owner’s permission
• Owner said “take it”
• Believed you had permission based on prior conversations

Evidence:

• Communications showing permission
• Witness testimony owner consented
• Pattern of borrowing arrangement

Result: Consent = no theft

4. Mistake or Accident

What We Prove:

• Accidentally took item (wrong shopping cart, similar item)
• Forgot to pay (distracted, emergency)
• Pricing error (thought item rang up, didn’t)
• Self-checkout error

Examples:

• Put item in pocket intending to buy, forgot at checkout
• Thought item was yours (looked identical to yours)
• Cashier didn’t scan item, you didn’t notice
• Emergency distracted you (child injured, phone call)

Evidence:

• Your immediate return when realized
• Circumstances showing accident
• Witness testimony about distraction
• No concealment or deceptive conduct

Result: Honest mistake = no intent to steal = not guilty

5. False Accusation

Reality: False theft accusations common from:

• Overzealous retail loss prevention
• Employers seeking excuse to terminate
• Business partners in disputes
• Jealous coworkers

What We Prove:

• Accuser has motive to lie
• No evidence you took property
• Accuser’s story inconsistent
• Property was never stolen (accounting error)

Evidence:

• Employment disputes showing motive
• Witnesses contradicting accuser
• Lack of physical evidence
• Alternative explanation for missing property

Result: False accusation exposed = not guilty

6. Mistaken Identity

Common in:

• Shoplifting (loss prevention grabbed wrong person)
• Burglary (wrong person identified)
• Surveillance video poor quality

What We Prove:

• You weren’t present when theft occurred
• Alibi (you were elsewhere)
• Witness misidentified you
• No physical evidence linking you

Evidence:

• Alibi witnesses
• Surveillance from different location showing you elsewhere
• Lack of fingerprints, DNA
• Physical description doesn’t match

Result: Wrong person = not guilty

7. Insufficient Evidence / Reasonable Doubt

Challenge Prosecution’s Case:

• No witnesses to theft
• No surveillance video
• Circumstantial evidence only
• Cannot prove you took property

Create Reasonable Doubt:

• Multiple people had access
• Property may have been misplaced (not stolen)
• No proof of value (cannot prove grand theft amount)

Result: Insufficient evidence = not guilty

8. Illegal Search and Seizure

Fourth Amendment Defense: Challenge how police found stolen property:

• Illegal vehicle search
• Illegal home search without warrant
• Probation search exceeded scope

Result: Illegal search = evidence suppressed = case weakened or dismissed

9. Reduce Felony to Misdemeanor

For Wobbler Theft Crimes: Negotiate or petition for misdemeanor reduction.

What We Argue:

• Amount close to $950 threshold
• First offense
• Property recovered
• No criminal history
• Strong mitigation

Result: Misdemeanor instead of felony = less jail, no prison, better for employment

10. Proposition 47 Reduction or Resentencing

• For Old Theft Felonies: File PC § 1170.18 petition to reduce to misdemeanor.
• For Current Cases: Ensure theft under $950 charged as misdemeanor (not felony).
• Result: Reduce felony to misdemeanor, clear record

Why Choose Tu Defensor Criminalista for Theft Crimes Defense

Claim of Right Expertise

• Understand property law and ownership disputes
• Present compelling claim of right defenses
• Show honest belief in property rights

Kern County Experience

• Regular appearances in^[4]Kern County Superior Court^[4]
• Relationships with^[5]Kern County DA^[5] prosecutors
• Knowledge of local retail prosecution policies

Proposition 47 Advocacy

• File resentencing petitions for old theft felonies
• Ensure current cases charged correctly (misdemeanor not felony)
• Maximize Prop 47 benefits

Restitution Negotiation

• Negotiate reduced restitution amounts
• Challenge valuation of property
• Structured payment plans

Professional License Protection

• Coordinate with licensing boards
• Minimize license discipline
• Negotiate outcomes preserving licenses

Embezzlement Defense

• White collar crime expertise
• Challenge accounting evidence
• Present intent to repay defenses

Proven Results

• Perfect 5.0 Avvo rating
• 34 five-star reviews
• Three consecutive Client’s Choice Awards
• Numerous theft dismissals and reductions

Bilingual Services

• Complete representation in Spanish

Contact Tu Defensor Criminalista for Theft Crimes Defense

Theft convictions brand you as dishonest. Employment destroyed. Professional licenses revoked. Many cases involve misunderstandings or claim of right. Don’t plead guilty without fighting.

Protecting Your Rights. Challenging Theft Allegations. Preserving Your Future Throughout Kern County.