QUESTION
Can someone get in trouble if they are accused of stealing and they admitted to throwing the property at the accuser?
Asked on Sep 03rd, 2012 on Criminal Law - California
More details to this question:
In Fresno, California, a woman is accused of stealing a cell phone after kicking the guy out of her car when he threatened to beat her. Then he tried to het his phone when she started to drive off. She throws it out the window to him and he presses charges saying she stole it. She told an officer that she threw out the window too.
4 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Get in trouble? You are in trouble any time being questioned by police or accused of a crime, but if police determine you are the victim here, then I would not expect any charges.
Answered on Sep 07th, 2012 at 2:06 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This becomes an issue of interpretation of the facts. If the charges are filed the jury is the fact finder.
Answered on Sep 07th, 2012 at 2:04 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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There can be potential theft charges. Also, potential battery charges if the phone hit him. She should sleak to a criminal defense attorney in fresno about this matter.
Answered on Sep 07th, 2012 at 2:03 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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Theft only applies if the person taking the property intended to permanently deprive the owner of the value or use of the property. If the woman did not intend to do so, it is not theft.
Answered on Sep 07th, 2012 at 2:02 PM