Common Defenses to Juvenile Theft Charges
Looking for a juvenile theft lawyer in California? If so, it’s a good idea to get familiar with the lack of intent and other defenses they might use in your case. Are you under the age of 18 and facing a juvenile petition alleging burglary, robbery, or another type of theft? If so, you should know these charges could affect your life for years (if not decades) if they stick. Finding a skilled juvenile theft lawyer can help – these professionals can use all sorts of defenses while representing you in court. Read on for a closer look at common theft defenses and other things you should know about juvenile theft charges in California.Understanding Different Types of Juvenile Theft
Juvenile theft offenses aren’t a one-size-fits-all category of cases. Instead, there are different types of juvenile theft, and each of these offenses comes with its own consequences:Shoplifting
The term “shoplifting” applies when a person steals products from a retail store during business hours. This offense is described under Penal Code Section 459.5, which clarifies that shoplifting charges apply to the theft (or intended theft) of items valued at $950 or less. In many cases, teenage shoplifters are ordered to pay restitution as a consequence for their actions. Juveniles might also have to meet probation requirements such as volunteering/keeping up their grades, or (in particularly serious cases) face detention at a juvenile facility.Burglary
Burglary occurs when someone unlawfully enters another person’s property with the intent to commit a crime. For juveniles, there are two forms you should know about:First-degree burglary
Under Penal Code Section 460(a), this occurs when someone enters another person’s home to steal or commit another felony. In juvenile court, first-degree burglary is treated as a serious offense. Sentences may include probation, community service, counseling, or placement in a juvenile facility, depending on the circumstances. Adult prison terms only apply if the case is transferred to adult court.Second-degree burglary
Penal Code Section 460(b) applies when someone enters a non-residential building (like a store or office) with the intent to steal or commit another felony. For juveniles, the court may impose probation, restitution, counseling, or placement in a juvenile facility. Adult jail or prison terms only apply if the case is transferred to adult court.Robbery
According to Penal Code Section 211, robbery occurs when someone takes someone else’s property from them against their will using force or threats. That means physically grabbing or pushing someone to steal their belongings qualifies as robbery, as does threatening them with a weapon for the same purpose. For juveniles, robbery is considered a serious offense (707(b)), and consequences in juvenile court may include probation, restitution, counseling, or placement in a juvenile facility. Adult prison sentences only apply if the case is transferred to adult court due to severity or prior offenses.Larceny
Finally, Penal Code Section 484 defines larceny as intentionally and illegally taking someone else’s property (including money/personal belongings and labor). The legal consequences of theft by larceny for juveniles closely resemble the consequences for shoplifting.How Theft Charges Can Affect Young People
While the legal consequences of theft charges can have a huge impact on a young person’s life, their effects don’t stop there. These charges can also affect juveniles:- Relationships. When a young person is charged with theft, it could negatively impact their connections with family members and friends.
- Education. Theft charges can also lead to school suspensions and expulsions. Later on, criminal records can make it harder to get into college.
- Future opportunities. Having a criminal record as a result of juvenile theft charges can interfere with a person’s efforts to find employment and housing.
What Common Defense Strategies Can Help In Juvenile Theft Cases?
When you’re facing charges like these, you shouldn’t try to deal with them on your own. A good lawyer could argue you aren’t guilty of theft due to:Lack of Intent
In theft crimes, proving intent is a must. To win cases like these, prosecutors must demonstrate that defendants knew they were taking someone else’s property. That means being able to show that the incident in question was unintended or accidental is a strong defense.Mistaken Identity
Many thefts take place in places like stores or parking lots, and it can be hard to identify people when these areas get busy and crowded. Emotions like confusion and stress can also make things difficult for eyewitnesses, as can lighting issues.Consent
Are you facing theft charges even though the supposed victim gave you explicit permission to borrow or take their belongings? If so, you cannot be considered guilty of theft – and you’ll want to do everything you can to prove this in court.Coercion or Duress
Actions that would otherwise be considered theft are not viewed as entirely intentional if the perpetrator has been forced to participate. If you were threatened with harm unless you participated in a theft, your lawyer could use that as a defense.Mental Incapacity or Immaturity
Sometimes, juveniles can have trouble understanding the implications of their actions. Legal experts could even argue you didn’t grasp the criminality of your behavior because of that.Sealing Juvenile Records in California
Even if a young person is adjudicated for theft, California law allows juvenile records to be sealed, which limits their long-term impact. Sealing does not destroy the records, but they are treated as if the case never occurred for most purposes, including employment and education. Juvenile records can still be accessed in limited circumstances, such as:- New felony charges or probation violations
- Firearm restrictions
- Certain immigration or court proceedings
Automatic Sealing
For cases completed after January 1, 2015, juvenile records are often sealed automatically under Welfare & Institutions Code § 786 once probation or a diversion program is successfully completed. If the court finds they did not complete requirements, the record does not seal automatically.Petition to Seal Older Cases
If your case was closed before 2015 or was not automatically sealed, you may petition under WIC § 781 once you are 18 or five years past case closure. Eligibility requires:- No adult felony convictions
- No adult misdemeanor involving moral turpitude
- Court satisfaction with your rehabilitation
The Importance of a Reliable Legal Defense Strategy for Juveniles
Considering the impact that even a minor juvenile theft charge can have on a child, this is a situation you need to take seriously. To work with a juvenile defense theft attorney is smart – these legal professionals will do anything they can to help you beat these charges. Cyrus Tabibnia and everyone at Tabibnia Law Firm will give you the assistance you need while facing theft charges. Our team has more than two decades of criminal defense experience, and we’ll give you the attention you deserve throughout your case. Take the first step by calling (866) 511-2659, or just fill out our online contact form!Get A Case Review
Disclaimer: The content on this website, including blog posts, is for informational purposes only and does not constitute legal advice. Reading this site does not create an attorney-client relationship. For advice about your specific situation, please contact Tabibnia Law, APC directly.
