Theft crimes are some of the most common crimes committed in California. From shoplifting to identity theft, there are many types of theft. It’s common for theft crimes to go unpunished but it’s not uncommon for a person to be prosecuted and face penalties including large fines and jail time. If you have committed theft and have not yet been arrested, then you may be wondering what the statute of limitations is on theft.
Today we’ll answer the basic question but if you want specific information on your particular case then we recommend contacting Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. We can consider your unique situation and offer our best advice on how to proceed.
The statute of limitations on theft depends on the type of theft
In California, how long the government has to bring theft charges depends on the specific grade of the crime. The grade of the crime will depend on the value of what was stolen as well as other factors. If the theft is deemed a misdemeanor then the government only has one year to bring charges. If the theft is a felony then they have four years to file charges. In most cases, petty theft and other types of theft are misdemeanor but some thefts can be felonies – like grand theft.
The difference between felony and misdemeanor
The grade of your crime is largely dependent on the value of what was stolen. It’s currently true that a theft crime is generally charged as a felony if the value of what was stolen is more than $950. That said, there are other theft crimes that can be charged as felony without meeting the minimum value, including stealing crops, cars, or firearms.
The statute of limitations only applies to the filing of charges
It’s important to note that the statute of limitations doesn’t mean that government must have charged you and completed your case before a date – it only refers to when the charges must be filed. They still have additional time to build their case after the arrest date. In the event that the government is attempting to charge you with a theft crime that was committed years ago, then it’s time to contact a criminal defense attorney to build a case for dropping the charges.
Receiving stolen property is not within the same statute of limitations
There is a unique theft offense in California for receiving stolen property, which is often abbreviated to RSP. This crime is often referred to a “continuing crime,” which means that even if it’s been five years since the item was stolen, if it’s still within your possession then you could technically be charged with receiving stolen property.
Theft crimes are not to be taken lightly. If you want to move past charges or potential charges then your best bet is to talk to a criminal defense attorney. You can reach Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.