Orange County Theft and Fraud Lawyers

What Are Theft and Fraud?

Theft and fraud differ in how the crime is committed and the nature of the offense. Understanding these distinctions is key to defending against charges.

Under California Penal Code § 484, theft involves taking someone else’s property with the intent to deprive them of it permanently. Such actions include stealing, carrying, leading, or driving away with another person’s property without permission. 

Theft can also involve misappropriating property entrusted to the defendant, such as taking money or goods that were loaned or given for a specific purpose but then used for personal gain. 

Fraud, defined under California Penal Code §§ 532 and 484, involves using false representations, deceit, or pretense to intentionally mislead someone to gain money, property, or labor. Unlike theft, where the physical taking of property is the focus, fraud revolves around tricking or deceiving someone. 

Key Differences Between Theft and Fraud

While theft and fraud involve unlawfully obtaining someone’s property or financial resources, the primary difference lies in how the crime is committed. Theft typically involves direct physical taking, such as stealing an item or breaking into a home. In contrast, fraud is more about deception—using lies or misrepresentation to access someone’s money or property. Another key distinction is that fraud often requires a level of intent to deceive, making it a more complex crime to prove.

Penalties for Theft and Fraud Crimes in California

The penalties for theft and fraud are based on the value of the property involved, and they vary accordingly.

Penalties for Theft
Theft crimes in California are divided into two categories: grand theft and petty theft. 

The classification depends on the value of the property taken:

• Grand theft: This offense occurs when the value of the stolen property exceeds $950. Grand theft is a wobbler; it can be charged as a felony or a misdemeanor. If convicted of grand theft, a defendant could face up to one year in county jail or 16 months to 3 years in state prison.
• Petty theft: If the property's value is $950 or less, the crime is petty theft. Petty theft is generally a misdemeanor and carries less severe penalties. A conviction could result in up to six months in county jail and/or a fine of up to $1,000.

Penalties for Fraud 

Fraud is punishable similarly to theft. The severity of fraud charges is determined by the value of what was obtained. 

For instance:

• Minor fraud: If the fraud involved small sums of money or property, the crime could be charged as petty theft, with similar penalties (up to six months in jail and a fine of up to $1,000).
• Major fraud: In cases involving large sums of money or property, the charges could escalate to grand theft. Convictions for serious fraud crimes can result in lengthy prison sentences, hefty fines, and extensive restitution.