Theft by Trick
Theft by trick is a type of theft that can be charged in California. Below you will find information on what is theft by trick, the elements that the prosecutor must prove, as well as the exact instructions that the jury must read to render a verdict.
The defendant is charged with [grand/petty] theft by trick in violation of Penal Code section 484.
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant obtained property that (he/she) knew was owned by someone else;
- The property owner [or the owner’s agent] consented to the defendant’s possession of the property because the defendant used fraud or deceit;
- When the defendant obtained the property, (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property);
- The defendant kept the property for any length of time; AND
- The owner [or the owner’s agent] did not intend to transfer ownership of the property.
[Obtaining the owner’s [or the owner’s agent’s] consent to use the property for a specified purpose while intending to use it in a different way constitutes fraud or deceit.]
[An agent is someone to whom the owner has given complete or partial authority and control over the owner’s property.]
If you’re facing a theft crime charge, it is important to consult with an Orange County theft crimes defense attorney to see what defenses may be available to you. Call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714)248-DOAN(3626) if you’re facing a theft crime charge. I will fight to get your case dismissed.