Southern California Defense Blog

Defending yourself against theft accusations is a near-impossible burden. The Riverside theft lawyers at Wallin & Klarich understand what you are going through. You can make it through this; you just need a little help. Below we go through just a few of the defense strategies that we have employed and have allowed many of our clients to win their cases. Clients just like you, who let us help them through their charges.

Los Angeles Punishment For Theft

An experienced Theft Defense Attorney can do a great deal for you in the stages before a trial. The reason is the penalties you face for theft charges depend a lot on the prosecutor. A Theft Defense Attorney from Wallin & Klarich can attempt to have the prosecutor dismiss or reduce the charges.

For instance, if you face accusations of “grand theft” under Penal Code section 487, you are accused of stealing items worth more than $950. Grand theft is a “wobbler” offense, meaning the prosecutor can charge it as a misdemeanor or a felony. If you are convicted of a misdemeanor, you face up to a year in county jail and a $1000 fine. A felony conviction can mean a sentence between 16 months and three years in jail and a $10,000 fine. In many cases we have been able to have our clients’ felony grand theft matters either dismissed or reduced to a misdemeanor with no jail time having to be served.

How is theft prosecuted in California?

If your case goes to trial, the prosecutor must prove beyond a reasonable doubt that you committed the crime. To do this, they have to prove all “elements” of the crime. If they cannot meet this burden of proof then the charges against you must be dismissed

For the most common theft offense (stealing a piece of personal property from another person) the prosecution must prove three elements to convict you:

1) You intended to permanently deprive someone of their property;
2) You “asported” the property (asported is law-talk for “moved the thing”); and
3) You did not have a right to the property. The circumstances and the relationship between the people can affect these elements.

We can show that you did not have the intent to permanently deprive the owner of the property. In some cases we can show that you did not have the “specific intent” to steal the item. In other cases we can raise the defense that you had a good faith belief that the property belonged to you.

California Theft Defense Lawyer

The bottom line is that when you have an experienced criminal defense law firm fighting for your freedom you can relax.

With over 30 years of experience in theft-related offenses, the Theft Defense Attorneys at Wallin & Klarich will review your case and take the steps necessary to get the charges reduced or, ideally, dismissed altogether. The right Los Angeles theft attorney can make all the difference; it can mean your freedom. We have offices in San Bernardino, Ventura, Riverside, San Diego, Los Angeles and Orange County. Call us today at 888-280-6839. We will get through this together.

Actor Andrew Boryski was charged with multiple criminal counts for allegedly cheating aspiring actors out of thousands of dollars in an immigration visa scam, the Los Angeles City Attorney’s office said Thursday in a press release.

The Canadian national operated a Los Angeles area immigration consulting business that sought O-1 visas on behalf of aspiring foreign actors. The O-1 visa is intended for established entertainment professionals with work pending in the United States – not for newcomers to the business without actual employment, as was the case with Boryski’s alleged victims.
Now Boryski, an aspiring actor himself, is charged with 32 misdemeanor counts, including three counts of grand theft, one count of practicing law without a license, and 28 counts of violating provisions of the Immigration Consultant Act. If convicted, Boryski could face up to one year in jail for each count, or 32 years.

“We will hold accountable charlatans who prey upon the career aspirations of others,” said City Attorney Carmen Trutanich. “People who come to Los Angeles to work must be aware that it is illegal for immigration consultants to provide legal advice. Before paying them a penny, they should contact the appropriate agency and verify the consultant’s credentials.”
Immigration service scams can have devastating consequences for any aspiring actor. All aspiring actors should take an active part in their own protection by practicing due diligence and getting educated about the rules and process for work visas.

More information can be found on the U.S. Citizenship & Immigration Services website and the California Attorney General’s website.

There are many factors that determine the outcome of a grand theft case and having a highly skilled Los Angeles Grand Theft Defense attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with grand theft in Los Angeles for over 30 years. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.

Prosecution for grand theft under California Penal Code Section 487 can be very stressful as this involves taking property belonging to another person wherein the value exceeds $950. Property can involve things such as money, cars, guns, animals or personal property.

A misdemeanor conviction is punishable by up to one year in county jail and a felony conviction can result in up to 3 years in county jail. Theft offenses are serious and the prosecution will be aggressive in seeking a conviction and jail time in most cases.

The Wallin and Klarich lawyers can guide you through the criminal process from arraignment, to pre trials, preliminary hearings and to the actual trial if needed. The Wallin and Klarich lawyers can put your mind at ease by going through the process with you.

The lawyers at Wallin and Klarich have many years of experience in defending those accused of grand theft offenses. Retaining the lawyers at Wallin & Klarich will be the best decision you could possibly make.

If you or a loved one has been charged with theft, it is important that you talk to an experienced San Bernardino criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling theft cases. Our knowledgeable attorneys will aggressively defend your rights and fight to get you the best possible result in your case. Call us today at 888-280-6839 for a free consultation. We will see to it that your rights are protected in a court of law.

Theft crimes are the most commonly prosecuted property crimes in California. Theft crimes may range from the least serious offense of petty theft, to the more serious crime of grand theft.

Generally referred to as shoplifting, petty theft is the unlawful taking of someone else's property with the intent to deprive the owner of the property permanently. Petty theft is usually charged as a misdemeanor on the first offense, and the value of the property stolen is valued between $50 and $950. In California, petty theft is codified under penal code section 484.

A theft offense of property valued less than $950 may also be charged as a felony, if the person accused has three previous petty theft convictions, or if the property taken is an automobile.

A petty theft misdemeanor conviction carries up to six months in county jail, a fine, and up to three years on probation. In some cases, the defense attorney may successfully be able to reduce the misdemeanor to an infraction, thus eliminating a criminal conviction for a misdemeanor. Some courts have programs that allow a first offender on a petty theft charge to attend a theft class, which upon its successful completion; the charge is dismissed or reduced to an infraction.

When theft involves property stolen valued at over $950, the charge can become grand theft. Grand theft, Penal Code 487, may be prosecuted as a misdemeanor or a felony. A felony theft conviction is punishable by 16 months to three years in custody. The value of the property stolen is determined by the property's reasonable and fair market value.

If you are facing theft charges out of Ventura County, the Ventura County criminal defense firm of Wallin & Klarich can advocate on your behalf to ensure you get the best possible outcome in your case. Our experienced criminal defense firm can review all the evidence, and take steps to either have the theft charges dismissed, or reduced to a less serious offense.

If you or a loved one has been arrested for theft, it is imperative you contact Wallin & Klarich. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people facing theft charges for over 30 years. We have offices in San Bernardino, Ventura, Riverside, Los Angeles and Orange County. Call us today at 888-280-6839, we will get through this together.

You can be charged with a crime if you find personal property which appears to be lost and you pick it up and keep it. California has enacted Penal Code 485 pertaining to “lost” property. An important determination is whether there is a clue to ownership for the lost property. If there is no legitimate clue of ownership it is unlikely the prosecution will be able to convict you of an unlawful taking, which falls under the family of theft crimes or crimes of “moral turpitude.”

If you are accused of wrongfully appropriating lost property, you could face petty theft or grand theft charges. If the value of the property exceeds $950, you will likely face grand theft charges, which is more serious than a petty theft charge (which is incurred if the value of the property is $950 or less).

If you are facing theft allegations resulting from appropriating lost property, you will need the expertise of a skilled Orange County theft defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results. With offices located throughout Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties, a Wallin & Klarich attorney is always available to assist you in your case. Call us today at 888-280-6839 or visit us online at www.wklaw.com.

The answer is YES.

If you decide to shop in a department store and the store security personnel believe you have stolen an item from their store they have the right to stop and detain you when you attempt to leave the store.

At the time they stop you they often will have you go into a private room where you will be questioned. If security officers believe that you have stolen and item and hidden it in your purse they can demand you empty your belongings. If you refuse, they can call law enforcement and have them come to continue the questioning.

Members of law enforcement must have “probable cause” in order to search your purse. However, probable cause can consist of statements made by a store employee that they saw you place a store item in your purse without paying for it.

If in fact you did not steal the item then it normally is wise to cooperate and allow them to examine the contents of your purse.

On the other hand if you did steal something in the store you should REFUSE to speak to security personnel from the store or the police. Any statements you make to store employees can be used against you in a court of law.

The prosecutor must prove in order to convict you of “theft” that you had the specific intent to steal the item at the time you may have placed it in your purse. Specific intent can only come from the “circumstantial evidence surrounding the facts of your case or from your statements to the police or store security. DO NOT SPEAK TO EITHER OF THEM, other than to identify yourself. Tell him you do not wish to answer any questions until your law is present.

This is the best advise possible

If you or your loved one is charged with a theft offense under penal code 484 you must call Wallin & Klarich for a free consultation. 888-280-6839. With offices Ventura, San Bernardino, Los Angeles, Riverside and Orange County, we will be there when you call. Visit us at www.wklaw.com

As any good criminal defense attorney can tell you, it doesn’t take much to get arrested for a parole violation. So if you are going to commit a crime while on parole, no matter how petty it may seem, don’t post the evidence on your girlfriend’s Facebook page.

Once again, the social media website has led to the downfall of a not so clever criminal – this time in Florida. A 21-year-old South Florida man who was already on parole for petty theft posted a picture of himself on his girlfriend’s facebook page of him holding the nameplate of a judge that he had stolen from his office door. The nameplate was valued at $40, which would typically be considered a misdemeanor petty theft. But because the offender was already on parole for the same crime, he is being charged with a felony.

In California, a person with a prior petty theft conviction can also be charged with a felony if they commit the petty theft again. If convicted a person faces up to 3 years in county jail. In this instance, a good theft defense attorney could probably plead this case down to a misdemeanor.

What was most likely considered to be a harmless prank by the defendant in this case has quickly snowballed into an extremely serious matter. Everyone makes mistakes from time to time. Not everyone posts those mistakes on Facebook as undeniable evidence of their guilt however. It would seem as though so long as social media exists there will always be criminals bragging about their crimes online. We’re sure that local law enforcement is perfectly fine with that as well.

Sadly, when we check a bag at the airport, it doesn’t travel down a magical web of conveyor belts straight to our airplane. Several sets of hands from checkers to baggage handlers all have a turn taking care of your luggage. Unfortunately, this makes your luggage a target for theft, and two airport employees have been charged with stealing several items from traveler’s bags.

The arrests happened at Logan International Airport in Boston, but it’s hard to really think that this is an isolated incident. The pair was caught on hidden camera taking cash, cameras, laptops and other items from passenger’s luggage.

Their theft attorney will have a hard time fighting the charges, as they have been caught on camera.

According to reports, the pair targeted international travelers on Lufthansa, probably because their victims would be a continent away before they realized that their property was missing.

Because of the value of the items, it is likely that the pair will be charged with grand theft. In California, grand theft is considered to be a wobbler, meaning prosecutors can charge you with either a felony or a misdemeanor. If charged as a felony, a conviction carries with it a prison sentence of up to 3 years. Even a misdemeanor can land you in county jail for up to a year.

People often joke around about how baggage fees are the airline equivalent of highway robbery. In this case, travelers checking their bags actually robbed of far more than just the extra $120 it can cost to check their luggage.

If you are accused of grand theft person you are facing much more serious punishment than someone who is facing petty theft charges. The difference is tremendous. With a conviction for grand theft person you can be found guilty of a felony and serve up to 3 years in custody. A conviction for petty theft carries with it a maximum penalty of six months in custody and is a misdemeanor offense. It is critical that your criminal defense lawyer be familiar with the recent case of People vs. Getter, decided that the 3rd District Court of Appeals.

In that case, the accused took money from an ATM that a customer had accidentally left his PIN code activated on seconds before. In that the case the District Attorney sought and received a conviction against the accused for a violation of Penal Code Section 487c, grand theft person. However, the defendant appealed and argued that he did not take the property directly from the victims “person” and so the conviction had to be reduced to petty theft.

Understanding the defenses to criminal charges is a must when you are accused of a crime. It can mean the difference between spending several years in prison or receiving probation. The 3rd District Court's decision could save thousands of people countless time in prison and jail. But only so long as their criminal defense attorney is versed on the ruling.

On Monday, in Westminster, two young females were charged with grand theft after stealing more than $285,000 from a Newport Beach law firm. Apparently the two roommates recently used the money to charter a private jet to fly to New York and then party with friends in various hotels in Times Square.

Alexa Johzen Polar, 34, and Robin Antonella Pabello, 33, stole a check worth almost $20,000 dollars back in September or October. They apparently altered the check and changed the value to more than $285,000 and made it payable to Pabello before depositing it into her account.

They have been charged with two counts of forgery, grand theft, and grand theft by embezzlement, plus a sentencing enhancement. If convicted, they each face a possible sentence of six years and four months in state prison.

Under penal code section 487(a), a person who shall feloniously steal, take, carry, lead, or drive away the personal property of another is guilty of theft. A person can be convicted of grand theft if the theft was committed when the money, labor, or real or personal property taken is of a value exceeding nine hundred and fifty dollars ($950) and is punishable by imprisonment in the state prison.

If you or a loved one have been accused or charged with a theft crime, it is very important that you speak with an experienced theft defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling these types of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

The legal troubles for former baseball great Lenny Dykstra continue to mount. Dykstra recently reached a deal with prosecutors, pleading no contest Wednesday, to three counts of grand theft auto and filing a false financial statement.

Dykstra, a three-time Major League Baseball All-Star, was released pending sentencing Jan. 20, 2012, the Los Angeles District Attorney’s Office said in a statement. The former athlete, faces up to four years in prison.

In California, grand theft auto is codified under California Penal Code Section 487 d (1). The penal code states that grand theft occurs whenever the property taken is an automobile.

What are the punishments for murder in California?

If you are convicted of grand theft as a felony, you face 16 months, or two or three years in the California State Prison.

In addition to the penalties noted above, you can receive an additional and consecutive state prison sentence for any of the following, one year if the amount of the property was worth more than $65,000, two years if the amount was worth more than $200,000, three years if the amount was worth more than $1,300,000, or four years if the amount was worth more than $3,200,000.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced San Bernardino theft attorney. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.

The crimes of robbery and theft seem very similar to most people – after all, they both involve taking the property of others without their consent. However, they are distinct crimes in California that are prosecuted differently. Today, Wallin and Klarich's Orange County theft attorneys will explain the fundamental differences between the two crimes.

To best illustrate the difference between robbery and theft, imagine a woman waiting at a bus stop with her purse. If you were to take her purse without her knowledge, that would be a theft. But if she were to notice and grab her purse, causing you to wrench it from her, it then becomes a robbery.

What is Robbery?
Robbery is basically the taking of another person’s property by use of force or intimidation. Unlike theft crimes, which can also be prosecuted as a misdemeanor, robbery is always charged as a felony.

Punishments?
The worst kind of robbery charge that you can face is first-degree robbery, which includes robbing people while in their homes, while they are retrieving money from the ATM, etc. A conviction can land you in state prison for 3 to 9 years.

A robbery conviction is also a “strike” for the purposes of California’s 3 Strike Laws. Please refer to our 3 Strikes Laws section for more information. This means that if you are convicted and you had prior felony convictions that also qualify as strikes, you could automatically face double the jail sentence or even a life sentence.

Facing a robbery charge is very serious and you should not go it alone. You will need the legal expertise of a skilled Orange County criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

If you find something of value under circumstances in which it would have been relatively easy for you to find its true owner (or at least make an honest attempt to find the true owner), keeping it or using it for personal gain without doing so can result in a theft charge.

Finding something (such as an engagement ring) in a grocery store, for example, would be a situation in which it would have been relatively easy to find the true owner or at least make an honest attempt because an announcement over the PA system by a store employee would have provided notice to the true owner to come forward.

Sometimes the lost property itself may contain the name and contact information of its true owner, such as a cell phone or a wallet with a driver’s license. The crime punishes those who simply do not even attempt to try and locate the true owner before taking the property for themselves.

If you are accused of wrongfully appropriating lost property, you could face petty theft or grand theft charges. If the value of the property exceeds $950, you will likely face grand theft charges, which is more serious than a petty theft charge (which is incurred if the value of the property is $950 or less).

If you are facing theft allegations resulting from appropriating lost property, you will need to expertise of a skilled San Bernardino theft defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible results. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

According to a recent study, motor vehicle thefts in California occur at a rate of double the national average. Motor vehicle related thefts are one of the most common charges filed against a defendant in California.

California Vehicle Code Section 10851, states that “any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing”, is guilty of theft of a motor vehicle.

A felony conviction under California Vehicle Code Section 10851 may result in up to one year in state prison or by a fine up to five thousand dollars, or by both the fine and imprisonment. In addition the imprisonment and fines, a person convicted of a motor vehicle theft, also faces a suspension or revocation of their driving privileges.

Under California law, the court may impose a suspension or revocation for a person convicted of theft of a motor vehicle. A conviction allows the court to impose an open-ended license suspension or revocation, with no specified ending date. The California Courts have the power to suspend or revoke a person’s driving privileges indefinitely. If you are required to drive to and from work or school, it is imperative that you hire an experienced criminal defense attorney.

Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your license. The attorneys at Wallin & Klarich have been helping people keep their license for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

Assmebly Bill 2372 Penal Code Section 487 amended
This law changes the threshold from $400 to $950 to charge the crime of grand theft for stealing money, labor, real or personal property.

Existing law generally provides that grand theft is theft when the money, labor, or real or personal property taken is of a value exceeding $400. This law increases the value threshold for committing grand theft from $400 to $950.  Grand theft is considered a wobbler. 


When the case is a wobbler, the District attorney has discretion in making a determination as to what degree a case should be charged. Some charges can be brought as felonies, while the same conduct could be brought as a misdemeanor.  The amount of loss, injuries to the victim, past criminal conduct, or lack thereof, on behalf of the accused, are just some of the factors that would allow the district attorney to use discretion in making a charging determination in a particular case.

If you or a loved one is facing a grand theft charge, contact the california theft attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with theft. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.

Actress and veteran of the Los Angeles County Criminal system Lindsey Lohan appeared in front of a Judge on Thursday. Lohan is charged with Felony Grand Theft for allegedly stealing necklace from a Los Angeles area jewelry store. The necklace is valued at $2500.

In California, grand theft is codified under California Penal Code Section 487, which defines grand theft as "the unlawful taking of another's property valued above $950." In order to be convicted of grand theft, the prosecutor must show that you took the property of another with intent to permanently deprive the owner of that property, and that you physically took possession of the property and carried it away.

Lohan’s attorney said her client would be interested in taking a plea deal if it did not include jail time. Los Angeles County Superior Court Judge Keith Schwartz's, who is hearing the case, made it clear that any plea deal in front of him would include jail time. Lohan is scheduled to appear again court on March 23.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

Under California law petty theft is the taking of property of another valued at less than $950. A first offense is chargeable as a misdemeanor and carries a maximum sentence of six months in county jail. Commercial burglary in California is defined as entering any structure other than a residence with the intent to commit a crime therein. Commercial burglary is a "wobbler" under California which means that it can be charged as a misdemeanor or a felony and can carry up to a maximum of three years in state prison.

Many people are surprised when they are detained for what they believed to be petty theft and are arrested for and charged with commercial burglary. The difference between the two crimes has everything to do with whether the person intended to commit a crime or theft when they entered the building. If they did, then they are technically guilty of commercial burglary. How do you prove what somebody intended when they walked into a store? Police and store Loss Prevention Officers are trained to ask questions to determine whether the person accused of these types of crimes had planned to steal before they entered the store. Other facts such as whether the alleged thief had money in their possession can also play a role in how the prosecutor decides to charge the case.

So, what do you do if you are detained for suspicion of shoplifting in California? The best advice is to invoke your Miranda rights, make no statements, and contact the competent attorneys at Wallin & Klarich immediately.

Property that is taken unlawfully that is valued at $950 or less is considered petty theft under California Penal Code Sections 484-488. Theft that exceeds $950 is Grand Theft.

Stealing and taking away another’s property without that person’s consent is property theft. Most commonly, people who commit shoplifting can be charged with petty theft if the value involved is $950 or less. Another type of theft within this code section includes something that is entrusted to someone who then takes it without the owner’s consent in such cases where there is an employer-employee relationship.

Petty theft punishment includes a fine of no more than $1000, or by imprisonment in the county jail not exceeding 6 months or both.

Grand theft punishment is county jail not exceeding one year or in the state prison unless it was a theft of a firearm which is imprisonment in state prison for 16 months, 2, or 3 years.

If you or someone you love has been accused of a crime in California, contact the experienced San Bernardino criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit the website at www.wklaw.com for a consultation of your case.

Daniel Spitler, 26, and Andrew Auernheimer, 25, were charged with fraud and conspiracy to access a computer without authorization for allegedly stealing the e-mail addresses of over 100,000 Apple Ipad users. They alleged gained access to the information by exploiting an AT&T security weakness.　

The theft of the email addresses allegedly occurred between June 3 and June 8, 2010.　According to the court report, on June 9 the information was given to Gawker.com, which later published an article on the breach. The suspects used a computer script they called "the iPad 3G Account Slurper" which fooled the AT&T servers into thinking that they were communicating directly with an iPad.

Daniel Spitler appeared in federal court and was released on $50,000 bail. The U.S. magistrate ordered him not to use the internet except while at work. Andrew Auernheimer appeared in federal court where he also faces drug charges from the search of his home in June. If convicted, Spitler and Auernheimer could serve a federal prison sentence.

It is alleged that both Spitler and Aurenheimer are part of a hacker group called "Goatse Security."

If you or a loved one is being charged with a federal crime, it is extremely important that you retain a competent and knowledgeable federal criminal defense attorney. The attorneys at Wallin & Klarich have over 30 years of federal criminal defense experience and know how to handle these serious federal criminal matters. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.

Doris Payne, an 80-year-old woman from Long Beach who is featured in an upcoming documentary by West Hollywood, was found guilty of commercial burglary and grand theft for stealing a ring from Fashion Valley mall in San Diego. Her sentencing is scheduled to take place on February 9, 2011, and she is facing up to five years and eight months in state prison. Doris Payne is a notorious shoplifter who has been arrested in five different states and served various prison terms over the past fifty years.

According to the prosecution, the surveillance footage recorded in the store showed how she walked up to the jewelry counter at Macy’s because she was looking to buy a gift for her daughter. When Payne distracted the salesperson, she was able to steal an $8,900 diamond ring which she later sold for $1,800.

In California, burglary is defined as entering a dwelling of another with the intent to commit theft or a felony therein. In order to be convicted of this crime, the prosecution must prove that the defendant possessed requisite intent to commit theft or a felony. In Doris Payne’s case, such intent was evidenced from her conduct of taking away without paying a diamond ring which she later sold significantly below its fair market value.

If you have been accused of a burglary or theft, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of these crimes for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-burglary or www.wklaw.com/areas-theft. We will be there when you call