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Theft & fraud

Theft & fraud answers

Theft, burglary, robbery and fraud charges.

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Answers 1 to 32 of 63

Sorted by question. General information, not advice for an individual case. Search the whole library or choose another topic below.

Theft & fraudLegal answer

Can a business owner be charged for not sending withheld payroll taxes to EDD?

California employers who don't withhold state income tax or pay it over to EDD can face misdemeanor or felony charges under the Unemployment Insurance Code.

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Theft & fraudLegal answer

Can a contractor be charged with theft for taking a deposit and not finishing the job?

California's contractor-deposit theft law: Penal Code 484b's elements and $2,350 line, plus the home improvement down payment cap and its own misdemeanor.

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Theft & fraudLegal answer

Can a robbery firearm enhancement stand if police never recover the gun?

California may allow circumstantial proof when a gun is not recovered, but the prosecution must prove a real firearm and the charged use beyond a reasonable doubt.

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Theft & fraudLegal answer

Can a store detain me before police arrive?

A California store with probable cause may hold a suspected shoplifter for a reasonable time, but Penal Code 490.5(f) limits force, searches, and ID demands.

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Theft & fraud

Can a theft become robbery if force is used after the taking?

Force used while carrying away property can change a theft accusation into robbery. Learn why timing, intent, pursuit, and temporary safety matter.

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Theft & fraudLegal answer

Can a wage dispute become an employee theft charge?

Taking money to cover unpaid wages can be charged as embezzlement. See why the claim-of-right defense usually will not cover a disputed pay amount.

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Theft & fraudLegal answer

Can asking someone to pay what they owe be extortion?

Asking for a real debt is not automatically extortion, but specific threats used to collect it can be. See California's extortion rules and their limits.

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Theft & fraudLegal answer

Can I be charged if I moved money for someone and didn't know it was a scam?

California money laundering requires proof you knew the money came from crime or meant to further one. How that knowledge is proved or disproved.

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Theft & fraud

Can I be charged with burglary if I had permission to enter?

Being invited or allowed inside usually does not stop a California burglary charge. See when consent defeats the charge and when it does not.

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Theft & fraudLegal answer

Can I be charged with elder financial abuse for using my parent's joint bank account?

Your name on a parent's joint account does not mean the money is yours. How California's ownership rule affects an elder financial abuse charge.

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Theft & fraudLegal answer

Can I be charged with theft for not returning a rental car or rented equipment?

Late return of a rental car or rented equipment can trigger a theft presumption in California, but the rules differ for vehicles and other property.

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Theft & fraudLegal answer

Can I be charged with theft from a shared business account?

Owning a share of a business account is not automatically a defense to embezzlement. See California's rules on partner takings and claim of right.

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Theft & fraudLegal answer

Can I be charged with trespassing for refusing to leave a business?

Refusing to leave a business is not automatically trespassing. See what Penal Code 602(o) and 602.1 actually require before either one applies.

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Theft & fraudLegal answer

Can I be charged with vandalism for damaging property I own or rent?

California vandalism covers property that is not entirely yours, including co-owned, community, and rented property. Insurance fraud is a separate charge.

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Theft & fraudLegal answer

Can I still be charged with theft or fraud years later?

California's discovery rule can let prosecutors file grand theft or fraud charges years later. See the felony, misdemeanor, and Penal Code 803 rules.

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Theft & fraud

Can multiple purchases or takings be combined into one theft charge?

California allows separate thefts to be combined into one charge in more than one way, but that can mean more exposure, not less. See how it actually works.

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Theft & fraudLegal answer

Can offering repayment be used against me in a fraud or theft case?

An offer to repay or return property can generally be used against you in a California criminal case. How civil compromise and restitution differ.

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Theft & fraudLegal answer

Can one taking from a business lead to several robbery counts?

A single taking may support more than one robbery count when multiple people possessed the property. Learn the victim-by-victim questions California law asks.

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Theft & fraudLegal answer

Can possessing a forged document be a crime under California Penal Code 475?

Penal Code 475 has three possession branches. Learn how the instrument, knowledge, intent to defraud, and section 473 penalty conditions affect a charge.

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Theft & fraudLegal answer

Can prosecutors freeze my assets before a California fraud trial?

Penal Code 186.11 permits an asset-preservation order in qualifying felony fraud cases. Learn the charge threshold, prompt hearing and release issues.

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Theft & fraudLegal answer

Can returning an item for a refund become a fraud charge?

A false retail return can be theft by false pretenses, or shoplifting if planned before entering and worth $950 or less. See how value and priors matter.

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Theft & fraudLegal answer

Charged With Federal Aggravated Identity Theft Under 18 U.S.C. § 1028A?

Charged under federal § 1028A? Review the listed felony, whose identity was involved, the alleged use and the separate sentencing term with counsel.

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Theft & fraudLegal answer

Charged With Federal Bank Robbery Under 18 U.S.C. § 2113? Read the Count First

Facing a federal bank robbery charge? Check the § 2113 subsection, institution status, alleged conduct and conditional penalty with counsel before a plea.

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Theft & fraudLegal answer

Does a Civil Demand Letter Go on Your Record in California?

A retailer’s shoplifting civil demand is different from a criminal case or civil judgment. Check who sent it, whether police or a court acted, and what records actually exist.

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Theft & fraudLegal answer

Does a license plate reader prove who was driving in California?

A plate-reader hit locates a plate, not a driver. Learn which image, time, location, and vehicle-access facts matter in a California vehicle theft case.

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Theft & fraud

Does an injury during a robbery prove a great bodily injury enhancement?

An injury during a robbery does not alone establish a great bodily injury enhancement. Learn the personal-infliction and substantial-injury questions.

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Theft & fraudLegal answer

Does believing property was yours matter in a robbery case?

A good-faith claim to specific property may matter to robbery intent. Learn why reclaiming an item differs from using force to collect a debt.

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Theft & fraudLegal answer

Does stealing mail to wash and alter a check add a separate charge?

Washing a stolen check can be forgery, and taking it from the mail is a separate California crime under Penal Code 530.5(e) that can be charged with it.

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Theft & fraudLegal answer

How does Kings County handle a Proposition 47 resentencing or misdemeanor-designation request?

Kings County rule 509 prefers its case-specific petition form, rejects informal letters, calls for DA service and allows an order with or without a hearing.

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Theft & fraud

How is the value of stolen property calculated in California?

California measures stolen property by reasonable and fair market value, not sticker price. See the legal test, exceptions, and evidence that can shift it.

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Theft & fraudLegal answer

Is bouncing a check a crime in California?

A bounced check is not automatically a crime. Penal Code 476a's elements, its two defenses, the $950 line, and district attorney bad check diversion.

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Theft & fraudLegal answer

Is forging a car registration or smog certificate a crime in California?

Vehicle Code 4463 covers forged registration cards, plates, and stickers. False smog certificates fall under Health and Safety Code perjury and fraud rules.

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