Is restoration of property a defense to a charge of theft?

California, United States of America


The following excerpt is from People v. Cobb, D061412 (Cal. App. 2013):

Here, the trial court properly instructed the jury with CALCRIM No. 1806 regarding theft by embezzlement on all five counts. That instruction informed the jury that temporary deprivation of property is sufficient to prove embezzlement and that the "[i]ntent to restore the property to its owner [was] not a defense" to the crime. Additionally, the court instructed the jury with CALCRIM No. 1862, which provided the following: "If you conclude that the People have proved that the defendant committed Grand Theft, the return or offer to return some of the property wrongfully obtained is not a defense to that charge." These instructions are consistent with the law. (People v. Pond (1955) 44 Cal.2d 665, 674 ["Restoration of property feloniously taken or appropriated is no defense to a charge of theft."].)

Other Questions


If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
Is restoration of property a defense to an embezzlement charge? (California, United States of America)
When a defendant is charged with a charge of assault with intent to pervert the course of justice, is the evidence of domestic violence prior to the charged offence prejudicial? (California, United States of America)
When a charging document indicates on its face that the prosecution is time-barred and does not contain any information relevant to tolling the statute of limitations, can the charging document indicate that the charge is time barred? (California, United States of America)
In what circumstances will a defense witness be impeached on cross-examination with a prior conviction for conspiracy to commit grand theft and receiving stolen property? (California, United States of America)
Can a defense counsel make a meritless objection to a charge of petty theft based solely on the shoes incident? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)
Is Imperfect Self-defense a partial defense to a charge of murder? (California, United States of America)
Does the crime of stealing property from the person, even if the value of the property is low, need to be treated as a felony rather than a petty theft? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.