Theft and the element of "Asportation"
To constitute a completed criminal theft, property the subject of a theft charge must be carried away or "asported". Asportation requires three things under the law: (1) that the goods be severed from the possession or custody of the owner, (2) that the goods be in the complete possession of the person charged and (3) that the property is moved however slight. Asportation is complete by wrongful removal of property from the owner or possessor against his or her will with the intent to steal the property even though the property is retained by person charged but for a moment. As for value, the property must have some intrinsic value however slight. If you are arrested for petty theft, attempted theft, taking an automobile without consent, auto tampering, misdemeanor joyride, call Christine McGuire, the Santa Cruz Criminal Defense
Attorney/Lawyer, Santa Clara Criminal Defense Attorney/Lawyer.