Have you or somebody you love been accused of theft? The Law Office of William R. Burgener has over thirty years of successfully defending clients who have been charged with many serious forms of theft. Whether in State Court, or Federal Court, William R. Burgener has the experience and the skill to meet the charges head on. Whether a Federal, Felony, or Misdemeanor charge, William R. Burgener is prepared to fight any theft charges for his client, including the following:
Federal Theft Charges
- Interstate transportation of stolen goods or money: Under 18 USC §2314, it is a federal offense to transport across state or national borders any stolen or defrauded goods or money valued $5000 or more.
- Identity theft: Under 18 USC § 1028, it is a federal offense produce, transfer, possess, or use false identification documents or the identification documents of another with the intent to commit, aid, or abet any unlawful activity in violation of Federal law or that constitutes a State Felony. The crime of Identity Theft is punishable by up to 15 years imprisonment.
- Motor Vehicle Theft: Under 18 USC §2312, it is a federal offense to transport a stolen vehicle across state or national borders. Under § 2313, it is also a federal offense to possess a stolen vehicle that has been transported across state or national borders. The Federal government is likely to step in to prosecute in circumstances where the stolen vehicle is used in a separate felony, when the vehicle is demolished or shipped overseas, or when the theft is part of pattern of conduct of multiple vehicle thefts.
- Theft of Trade Secrets or Copyright Infringement: Both trade secrets and copyright are federally protected intellectual property. As such, it is a federal offense to infringe on copyright law by illegally copying books, music, movies, etc. for commercial purposes.
Felony Theft Charges
- Grand Theft: Under California PC § 487, Grand Theft is when a theft involves money, labor, real, or personal property valued more than $950. When the theft involves an employee and their employee over a period of time, small thefts that add up to over $950 in a 12-month period is Grand Theft. Grand Theft is a “Wobbler” crime, which means a prosecutor may choose to charge it as a felony or a misdemeanor.
- Robbery: Under California PC § 211, Robbery is the taking of personal property from the person or presence of another using fear or force. It is a felony charge, and a conviction can mean imprisonment of up to 9 years.
- Carjacking: Under California PC § 215, Carjacking is the taking of a motor vehicle from the possession or presence of another person, against their will and accomplished through fear or threats. A conviction for Carjacking can mean up to 9 years imprisonment, and can be charged with the accompanying crime of Robbery.
Defending Theft Charges
The Law Office of William R. Burgener has represented defendants in Federal and State court for all forms of Theft Charges for over thirty years. During that time Mr. Burgener has effectively argued for the reduction of felony charges to misdemeanor charges, presented evidence that has led to dismissal of charges, and won acquittals for his clients at trial. Allegations of theft can be defended when a client is represented by an attorney is experienced and aggressive. The following defenses are relevant to a charge of theft:
- Beat an element of the charge: Regardless of what theft crime the defendant has been charged with, the Government must prove every element of the crime beyond a reasonable doubt. A skilled and experienced attorney can defend against the charges by challenging the claims of the Government, including the intent of the defendant at the time of the alleged theft, if the property taken actually belonged to the defendant who was reclaiming it, the value of the property, etc.
- Challenge the evidence: The Government has a mission to bring in any evidence it believes will secure a witness, however, that evidence may not be admissible. Identifications of the defendant by witnesses may be made based on illegal assistance from law enforcement, evidence may be mishandled, and confessions may violate the defendants Constitutional rights when not made in accordance with Miranda Rights. Excluding evidence weakens the case against the defendant.
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William R. Burgener, Esq.
San Diego Criminal Defense Attorney