White Collar Crimes
These cases often involve allegations of embezzlement, forgery, or financial fraud. We carefully analyze paper trails, digital records, and witness statements to challenge the prosecution’s case. We also negotiate aggressively for resolutions that avoid jail time and focus on restitution or diversion. Where necessary, we prepare for trial with expert financial testimony and forensic accounting support.
Fraud
This type of case usually involves an allegation of theft, and we do everything to absolve the client of the charge with either a jury trial or a reasonable, negotiated plea, according to the client’s wishes.
Petty Theft, Grand Theft, and Shoplifting Defense
A theft charge in Salinas, CA, can range from a minor misdemeanor to a serious felony, depending on the value of the alleged property and your prior record. The Law Office of Miguel A. Hernandez serves clients across Monterey County facing the full range of theft offenses, from first-time shoplifting allegations to felony grand theft.
Petty Theft vs. Grand Theft in California
California's $950 threshold is the dividing line between misdemeanor and felony theft charges. Under existing law, theft of property valued at $950 or less is petty theft punishable as a misdemeanor; if the value exceeds $950, the charge becomes grand theft, which may be punished as a misdemeanor or a felony. That distinction has serious consequences for your record, employment, and immigration status. A theft crime lawyer can challenge the prosecution's valuation evidence and work to reduce or dismiss the charge.
Shoplifting Allegations at Salinas Retailers
Shoplifting arrests happen regularly in retail areas along North Main Street, in the Northridge Mall corridor, and at grocery and convenience stores throughout Salinas. Theft of merchandise worth $950 or less from a commercial establishment must generally be charged as a misdemeanor shoplifting offense under California Penal Code Section 459.5, provided the business was open during normal business hours. Defenses may include lack of intent, mistaken identity, or improper loss-prevention procedures. Early review of store surveillance footage and security reports can be decisive.
How Prop 36 Changed Shoplifting Defense
The rules shifted after California voters passed Proposition 36 in November 2024. Under Prop 36, theft of $950 or less can be charged as a felony when the person has two or more prior theft-related convictions, such as petty theft, shoplifting, burglary, or robbery. Your record matters more than ever under the current law. If you have any prior theft history, early legal intervention may be critical to keeping a new allegation at the misdemeanor level. Consulting a theft crime lawyer as soon as possible after an arrest gives you the best opportunity to protect your record.
Three Strikes and Repeat Theft Offenses
California's Three Strikes law can dramatically increase sentencing exposure for defendants with prior serious or violent felony convictions. Even when the current charge appears straightforward, a prior qualifying conviction can trigger enhanced penalties. A theft crime lawyer reviews your complete criminal history before any plea is entered to ensure you understand your full exposure under the current sentencing framework.
Can a Theft Charge Be Reduced to a Misdemeanor?
Charge reduction is often possible, especially for first-time offenders. Proposition 47 reclassified a range of theft and drug offenses from felonies to misdemeanors, primarily targeting nonviolent crimes involving property worth $950 or less. Diversion programs, deferred entry of judgment, and negotiated pleas may also be available, depending on the circumstances. The firm evaluates every option before recommending a path forward.
If you are facing a theft charge in Salinas, contact the Law Office of Miguel A. Hernandez at (831) 757-3925 to discuss your options. You can also learn about related charges on our criminal defense services page.
From burglary to embezzlement, our firm provides detailed, strategic defense for property and financial crime charges. Contact us at (831) 757-3925 to discuss your case.
