What is Third Degree Theft?
Theft is a serious crime that involves the unauthorized taking of property belonging to someone else. There are different degrees of theft, each with its own penalties and consequences. In this article, we will explore what third-degree theft is, its characteristics, and the penalties associated with it.
What is Third Degree Theft?
Third-degree theft, also known as theft in the third degree, is a type of theft that is considered less severe than grand theft or first-degree theft. According to the California Penal Code, third-degree theft is defined as taking property worth $950 or less, with the intention of permanently depriving the owner of it.
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Characteristics of Third Degree Theft
To be charged with third-degree theft, the prosecution must prove that the following elements are present:
- Taking of property: The defendant must have taken or taken custody of property that belongs to someone else.
- Property value: The property must be worth $950 or less.
- Intent to deprive: The defendant must have intended to permanently deprive the owner of the property.
Some examples of third-degree theft include:
- Shoplifting merchandise worth $900 from a department store
- Taking a neighbor’s lawn mower worth $500 without permission
- Swiping a friend’s iPhone worth $800 without returning it
Penalties for Third Degree Theft
The penalties for third-degree theft are typically less severe than those for grand theft or first-degree theft. The possible penalties for a conviction of third-degree theft include:
- Imprisonment: The defendant may be sentenced to up to one year in county jail.
- Fine: The defendant may be fined up to $1,000.
- Community service: The defendant may be ordered to perform community service as part of their sentence.
Here is a summary of the penalties for third-degree theft:
Penalty | Fine | Imprisonment | Community Service |
---|---|---|---|
Probation | $0 – $1,000 | 0 – 12 months | 0 – 200 hours |
Incarceration | 0 – 12 months | $0 – $1,000 | 0 – 200 hours |
Consequences of Third Degree Theft
A conviction of third-degree theft can have serious consequences for the defendant, including:
- Criminal record: A conviction of third-degree theft will result in a criminal record, which can impact future employment, education, and housing opportunities.
- Fines and restitution: The defendant may be required to pay fines and restitution to the victim.
- Probation: The defendant may be placed on probation, which can include restrictions on their freedom and behavior.
How to Defend Against Third Degree Theft Charges
If you have been charged with third-degree theft, it is essential to hire an experienced criminal defense attorney to help you defend your case. Some possible defenses against third-degree theft charges include:
- Mistaken identity: The defendant may claim that they did not take the property or that they were mistakenly identified as the thief.
- Lack of intent: The defendant may argue that they did not intend to permanently deprive the owner of the property.
- Duress: The defendant may claim that they took the property under duress or coercion.
Conclusion
Third-degree theft is a serious crime that carries significant penalties and consequences. If you have been charged with third-degree theft, it is essential to hire an experienced criminal defense attorney to help you defend your case. Understanding the characteristics and penalties of third-degree theft can help you better navigate the legal process and achieve a favorable outcome.