A Los Angeles theft attorney can make the difference between a criminal record and dismissed charges when you're facing package theft accusations. Package theft charges actually carry more serious consequences than many people realize, including potential jail time, fines, and a permanent criminal record. Prosecutors are building stronger cases against alleged package thieves, and law enforcement is taking these accusations seriously. You have rights when accused of package theft, and understanding your legal options is crucial. This article will walk you through what package theft charges mean under California law, when to contact an attorney, defense strategies available to you, and how to choose the right legal representation for your case.
California Penal Code 530.5(e) governs package theft and defines it by referencing Section 1708 of Title 18 of the United States Code. This statute makes mail theft a public offense, covering a broader range of actions than simply taking a package from someone's doorstep.
Specifically, you commit mail theft when you engage in any of the following behaviors:
The law defines "mail" to include letters, postcards, packages, and mailbags belonging to postal inspectors or the United States Postal Service. Your front porch or doorstep qualifies as an authorized depository under this statute.
Package theft is classified as a misdemeanor offense in California. Under current law, theft of packages delivered by private carriers like UPS, FedEx, or Amazon is treated as petty theft with a maximum jail sentence of six months. By comparison, theft of packages delivered by the U.S. Postal Service can result in up to one year in county jail.
If convicted of violating Penal Code 530.5(e), you face custody in county jail for up to one year and a maximum fine of $1,000. Judges may impose misdemeanor summary probation rather than jail time in some cases.
The stolen goods must total more than $950 for prosecutors to charge you with a felony. Any amount less than that threshold results in a misdemeanor charge. However, the situation changes dramatically if you enter someone's home to steal packages. Once you cross into a residence with intent to steal, prosecutors can charge you with first-degree residential burglary under Penal Code 459, which carries two, four, or six years in state prison.
Owing to the epidemic nature of package theft in California, which accounts for 30% of package thefts nationwide, prosecutors and judges take these cases personally. Many have experienced package theft themselves or know family members who have been victims.
Prosecutors must prove specific elements beyond a reasonable doubt to obtain a conviction. They need to demonstrate you willfully stole mail from an authorized location or that you knowingly possessed stolen packages. Video evidence gives law enforcement a high success rate in making arrests when available.
In effect, prosecutors look for patterns of behavior, particularly with repeat offenders. Serial "porch pirates" who commit multiple thefts face consistent misdemeanor charges for each offense. A Los Angeles theft attorney can review exactly what evidence prosecutors have gathered against you and identify weaknesses in their case before formal charges are filed.
Protect your record,
protect your future
Hire an attorney the minute you feel like you're being investigated for something. Most people don't know about an investigation until they've been arrested or formally charged, but in other circumstances, people do get notified that they're being investigated.
Police may call you saying they're doing an investigation and ask you to come in and talk. If you have a police officer trying to talk to you or asking your friends or family about you, start talking to a lawyer immediately. Hire a lawyer at the moment you have reason to believe you may be under investigation for a criminal offense.
The earlier you have that protection, the less likely it is that you'll make some mistake that could put you in a worse position. People who are questioned by police or approached by officers often volunteer information without ever having the opportunity to speak to an attorney beforehand. They make mistakes and give up information that, had they consulted with an experienced criminal lawyer, they would have been advised never to share.
Hiring an attorney immediately upon learning you're under investigation protects your rights and potentially puts a stop to what could be a very weak investigation. By the time you learn of an investigation, federal agents have likely already determined in their minds that you are guilty. The purpose of them contacting you is not to hear your side of the story; it is to obtain incriminating statements and information before you have a lawyer.
In 95% of situations, a person will need to hire a lawyer as soon as possible after they've been arrested. Never wait until after you've spoken to the police because you may have already done irreparable damage to yourself.
Prosecutors feel strongly about holding people who commit theft crimes accountable for their actions and will do whatever is necessary to ensure you are found guilty of the charges. When faced with theft charges, do not leave yourself vulnerable to the prosecution.
A Los Angeles theft attorney can analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome. Your attorney may be able to negotiate a lesser charge in a plea bargain, reduce your sentence, or even get charges dismissed completely. If this is your first offense, your attorney may be able to have the charges reduced or petition the courts for community service and probation in lieu of jail time.
You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The Fifth Amendment of the U.S. Constitution provides an absolute right against self-incrimination for a reason. Use it.
Under no circumstances should you voluntarily submit to police questioning without an attorney. The vast majority of individuals who submit to a police interview without an attorney are arrested and charged after the interview. Several factors contribute to this, including lengthened interviews, duress, misunderstanding of the purpose of the interview, threat of harsh sentence, coercion, and ignorance of the law.
The sole purpose of the interrogation is to have the suspect give more evidence so that the person can be arrested. What the officer will not tell you is that, in the majority of cases, the Rules of Evidence prohibit the officer from testifying in court about anything you told them that would help your case, but the same restriction does not apply when it comes to testifying to damaging information that comes out of the interview.
Anything you say to a law enforcement officer can be used against you and others. Police are not your friends and do not genuinely care about you or your family, despite any friendly appearance they may present. Their main goal isn't necessarily to gather truthful information but to find any evidence that could incriminate you, regardless of its truthfulness.
Asking for a lawyer or choosing to stay silent cannot be used against you in court. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent.
Your attorney starts by conducting a comprehensive review of all evidence the prosecution intends to use. This includes analyzing surveillance footage for quality issues or discrepancies with police reports. Video recordings might not clearly show you committing the theft or may be of poor quality. Witness statements get scrutinized for reliability, bias, or incompleteness. Physical evidence must be directly tied to you, and any breaks in the chain of custody can make evidence inadmissible. Police reports often contain inaccuracies or incomplete documentation that cast doubt on the prosecution's narrative.
Your Los Angeles theft attorney examines every detail, including the timing of events and missing documentation. When accounting mistakes form the basis for charges, meticulous review of records can clear up the matter and expose sloppy practices.
The Fourth Amendment protects you from unreasonable searches and seizures. Searches inside a home without a warrant are presumptively unreasonable, though exceptions exist for consent, searches incident to lawful arrest, probable cause with exigent circumstances, or items in plain view.
Your attorney can challenge the validity of search warrants by examining probable cause. If the information presented to the magistrate didn't meet the standard of probable cause, the entire warrant may be deemed invalid. Correspondingly, warrants lacking specificity about the location to be searched or items to be seized violate Fourth Amendment requirements. Defense attorneys also challenge how searches were conducted, asserting violations during warrant execution.
The exclusionary rule dictates that unlawfully obtained evidence is inadmissible in court. In theft cases where physical evidence is often the entire case, successful suppression frequently ends the prosecution.
Plea negotiations offer a way to resolve cases without trial. Your attorney can negotiate a plea agreement where you plead guilty to a lower charge in exchange for a lighter sentence. Wobbler offenses in California can be reduced from felonies to misdemeanors under Penal Code Section 17(b). This requires demonstrating minimal risk to society, rehabilitative potential, or mitigating circumstances.
First offense theft cases often see favorable negotiations, where attorneys show the client is a good citizen with no record who made an error. Agreements involving restitution, community service, or theft counseling can convince prosecutors to drop charges.
Attorneys conduct thorough investigations to challenge evidence and find critical weaknesses in prosecution arguments. Case evaluation involves reviewing facts and evidence to determine the best defense options available. Witness testimonies are sought out through interviews supporting your version of events. Expert consultations may be enlisted to provide insights strengthening your defense.
Your attorney advocates for your rights throughout the legal process. They file motions and argue your case to convince prosecutors or judges that charges should be dismissed. Legal representation determines whether you receive case dismissal, reduced charges, or full conviction.
Wrongful identification remains a leading cause of false accusations in package theft cases. Eyewitness testimony can be unreliable, and surveillance footage may not clearly show facial features or distinguishing characteristics. Your Los Angeles theft attorney can challenge identification procedures conducted by law enforcement, including improperly conducted lineups or photo arrays. An alibi defense proves you were at a different location when the theft occurred, which can support a mistaken identity claim and create reasonable doubt.
California theft law requires prosecutors to prove you intended to permanently deprive the owner of their property. Taking property accidentally or under an honest mistake negates the specific intent element required for conviction. Similarly, if you believed you had permission to take the item or intended to return it within a reasonable time, these explanations can defeat the charge entirely. The mistake doesn't need to be reasonable; it needs to be genuine. Honest misunderstandings about ownership, borrowed items, or distracted behavior while on the phone are not crimes.
Prosecutors carry the burden of proving every element beyond a reasonable doubt. Insufficient evidence exists when the prosecution lacks credible witnesses, physical evidence, or cannot establish intent. Your attorney can challenge forensic evidence reliability, expose witness credibility issues, and present alternative explanations for your conduct.
Evidence obtained through illegal searches or Miranda violations may be excluded from trial under the exclusionary rule. When police conduct searches without warrants or proper probable cause, any evidence discovered becomes inadmissible. Given that constitutional violations can lead to suppressed evidence, the prosecution's case often collapses entirely.
Selecting an attorney who specializes in California theft defense matters more than general criminal law experience. Attorneys with decades of handling theft cases throughout Los Angeles, San Bernardino, Ventura, Orange, and Riverside Counties understand local court procedures and prosecutor tendencies. In like fashion, former prosecutors bring insider knowledge of how the prosecution builds cases. Look for attorneys who have represented many clients with similar charges and dedicate their practice to criminal defense rather than general law.
Past results indicate an attorney's capability to secure favorable outcomes. Some attorneys achieve nearly 100% dismissal rates for clients with clean records. Others maintain trial success rates of 93%. Owing to their experience, skilled attorneys have secured hundreds of dismissals or misdemeanor reductions over 40 years of practice. Ask prospective attorneys about specific outcomes in cases resembling yours.
Your attorney should respond promptly to calls and emails. Missed communication creates problems when court dates change or decisions need quick action. Ensure your attorney has current contact information and explains legal complexities clearly.
Criminal defense attorneys charge flat fees, hourly rates, or require retainers upfront. Some offer payment plans requiring 50% down with monthly installments for the balance. Others partner with financing companies allowing clients to pay as little as 10% down. Discuss all costs upfront, including potential expert witness fees or court filing expenses.
Package theft charges can permanently damage your future, but you don't have to face them alone. Given that prosecutors aggressively pursue these cases, securing experienced legal representation immediately protects your rights and improves your chances of a favorable outcome.
Your constitutional protections mean something only when you exercise them. Never speak to police without an attorney present, regardless of what investigators tell you. A skilled Los Angeles theft attorney can challenge weak evidence, negotiate reduced charges, or get your case dismissed entirely.
Take action today by contacting a theft defense attorney who understands California law and has successfully defended clients facing similar charges.
Every case deserves
a strong defense
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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