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California Theft Crimes and Specific Intent: How a Skilled Attorney Can Win Your Case

By Walin & Klarich

To a person unfamiliar with the law, theft in California may seem to be a very simple and easy-to-prove crime when in fact, it is not. To convict a person of theft, the prosecution must show beyond a reasonable doubt that a person took property that did not belong to him or her with ?the specific intent? to permanently deprive the true owner of that property. The key element is the specific intent of the alleged thief. To be guilty, a person must have the mental state of intending to permanently take the property. It is not the crime of theft to take property with the intent of returning it. This means you cannot be convicted of grand theft auto if you take your neighbor?s car and go for a drive around the block; as long as you intended to return the car...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 15, 2009 (boomark / email).