The Fourth Amendment didn’t disappear when you were arrested for theft in Berkeley. But police hope you don’t know that. Theft charges range from shoplifting to grand theft, and each carries consequences that reach far beyond jail time. Your job, your professional license, and your future depend on how you respond now.
As a team of Berkeley theft crime lawyers, Silver Law Firm represents people facing theft charges throughout Alameda County. We don’t seek resolution until we’ve turned over every stone. We review all bodycam footage, reach out to every witness, and gather every record.
Free phone consultations let you understand your options before making any decisions. Call our Berkeley criminal defense lawyers today to discuss your theft case.
Your Constitutional Rights in Theft Cases
You have rights during and after arrest. Police must have probable cause to stop you. They need reasonable suspicion to search your property. They cannot force statements without Miranda warnings. These aren’t technicalities—they’re constitutional protections designed to prevent wrongful convictions.
In Berkeley theft crime cases, we see Fourth Amendment violations regularly. Police search bags without consent. They stop people based on appearance rather than behavior.
They claim you gave permission when you didn’t. When police violate your rights, we file motions to suppress evidence. If the judge grants the motion, the prosecution loses key evidence.
Your Fifth Amendment right protects you from self-incrimination. You don’t have to explain yourself to the police. You don’t have to answer questions during booking.
Silence is not guilt—it’s your constitutional right. We recommend you use it. Police use your words against you, even when you think you’re helping your case.
For a free legal consultation with a theft crime lawyer serving Berkeley, call (510) 995-0000
Different Types of Theft Under California Law
California law defines several theft offenses. The charge you face depends on what was allegedly taken, how much it was worth, and the circumstances. Understanding the distinction matters for your defense strategy.
Petty theft involves property valued under $950. It’s usually a misdemeanor. Grand theft involves property valued over $950 or specific items like firearms or vehicles. It can be charged as a misdemeanor or a felony.
Burglary involves entering a building with the intent to commit theft. Robbery adds force or fear to theft. Receiving stolen property means you possessed items you knew were stolen.
Why The Exact Charge Matters
Each charge requires different elements of proof. Prosecutors must prove specific intent—that you planned to permanently deprive the owner of property. Your defense depends on which charge you face and what the evidence actually shows.
Berkeley Theft Crime Lawyer Near Me (510) 995-0000
How Police Gather Evidence in Theft Cases
Berkeley police collect several types of evidence in theft cases. Understanding what they gather helps us understand your defense options. Our Berkeley theft crime lawyer examines every piece of evidence police collect to find weaknesses in the prosecution’s case.
Video Evidence
Surveillance video from stores or streets often forms the backbone of theft cases. But video quality varies. Angles matter. Timestamps can be wrong.
We examine every frame to see if the video actually shows what police claim it shows. We also request maintenance records for cameras to challenge reliability.
Witnesses
Witness statements come from store employees, security guards, or bystanders. These witnesses have biases. Employees face pressure from managers.
Security guards want to justify their presence. Bystanders misremember details. We investigate every witness to find inconsistencies, prior statements, or motives to exaggerate.
Police Statements
Police reports summarize what officers believe happened. But reports reflect the officer’s interpretation, not the objective truth. Officers make mistakes. They misidentify people. They assume guilt before investigation.
We compare police reports to bodycam footage, dispatch records, and witness statements to find gaps.
Physical Evidence
Physical evidence includes the allegedly stolen property, receipts, or tags. To use this evidence, the police must handle the evidence according to the chain of custody rules.
If police cannot prove they maintained control over evidence from seizure to trial, that evidence becomes unreliable. We challenge every link in that chain.
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Potential Penalties for Theft Convictions
If convicted of theft in Berkeley, you could face serious penalties. The sentence depends on the charge level and your criminal history.
Petty theft as a misdemeanor may result in:
- Up to six months in county jail
- Fines up to $1,000
- Summary probation
- Restitution to the victim
Grand theft as a misdemeanor may result in:
- Up to one year in county jail
- Fines up to $1,000
- Probation with conditions
- Restitution payments
Grand theft as a felony could lead to:
- 16 months, two years, or three years in state prison
- Fines up to $10,000
- Formal probation
- Restitution to victims
These penalties represent what you could face if convicted. They are not certainties. Your actual outcome depends on the evidence, your defense, and the strength of the prosecution’s case. We work to reduce charges, challenge evidence, and protect your future.
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Consequences Beyond Jail Time and Fines
Employment becomes harder. Employers run background checks. Theft convictions signal untrustworthiness to hiring managers. Retail, healthcare, education, and financial jobs often become unavailable. Some employers won’t hire anyone with a theft conviction, regardless of the job duties.
Professional licenses face scrutiny. Theft convictions can trigger disciplinary proceedings for CPAs, real estate agents, teachers, nurses, and attorneys. Licensing boards view theft as moral turpitude. You may lose your license or face suspension. Your career investment disappears.
Housing applications ask about criminal history. Landlords reject applicants with theft convictions. Property owners assume you’ll steal from neighbors or damage property. Finding safe, affordable housing becomes a struggle.
Immigration and Criminal Charges
Immigration consequences affect non-citizens. Theft offenses can be crimes involving moral turpitude. Depending on the specific charge and your immigration status, a conviction may lead to deportation or denial of citizenship.
We cannot provide immigration advice, but we understand these charges may have immigration consequences. We can refer you to immigration counsel.
What Makes Silver Law Firm Different
Silver Law Firm takes a different approach to theft defense in Berkeley. We don’t plead everyone out. We don’t rush to deals without investigation. We dissect each case individually to find the defense that fits your situation. As your Berkeley theft crime attorney, we fight to protect your rights and your future.
Our attorneys have over 37 years of combined experience in California criminal defense. We have served over 10,000 clients facing charges throughout Alameda County. All our defense attorneys are completely dedicated to criminal defense. When you hire one lawyer from Silver Law Firm, you get an experienced team of attorneys reviewing your case.
Our Simply Brilliant defense starts with investigation. We review all bodycam footage from your arrest. We reach out to every possible witness. We gather every record—security footage, receipts, store policies, employee schedules. We look for the needle in the haystack that changes your case.
Get Help From Our Theft Crime Attorneys in Berkeley Today
Theft charges in Berkeley threaten your freedom, your career, and your future. The prosecution has investigators and resources. You need an experienced Berkeley theft crime lawyer who knows how to fight back.
Silver Law Firm offers free phone consultations. Call us today to discuss your theft case. We’ll explain your charges, outline your options, and answer your questions. You don’t have to face this alone. Let us put our experience and unapologetic tenacity to work for you.
Don’t wait to get help. The earlier we start investigating your case, the better your chances of a favorable outcome. Contact Silver Law Firm now.
Call or text (510) 995-0000 or complete a Free Case Evaluation form