What is the test for proving theft?

California, United States of America


The following excerpt is from People v. Dorien, G040022 (Cal. App. 5/8/2009), G040022. (Cal. App. 2009):

In order to prove theft, the prosecution was required to show defendant intended to permanently deprive another of property or "to take the property only temporarily, but for so extended a period of time as to deprive the owner of a major portion of its value or enjoyment." (People v. Avery (2002) 27 Cal.4th 49, 52.)

Other Questions


What is the burden of proof to prove the crime of grand theft? (California, United States of America)
Is auto theft classified as a grand theft crime? (California, United States of America)
Does a prior auto theft conviction need to be treated as a "felony involving theft"? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
What is the statute of limitations for a fraud-related crime of grand theft, elder theft, securities fraud and sales of unqualified or nonexempted securities? (California, United States of America)
Is there any error in instructing the jury that the prosecution does not need to prove motive but must prove specific intent to assist, promote, or further criminal conduct by gang members? (California, United States of America)
Does the Defendant have to prove malice to prove he did not act out of the heat of passion? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
Is it permissible to use a prior conviction for petit theft under section 666 of section 667 of the California Criminal Code to elevate the theft to a felony? (California, United States of America)
In what circumstances will the court instruct the jury in a robbery case to consider theft and attempted 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.