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Topic: Felony petty theft

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California Penal Code

Shoplifting

Larceny

Theft

	Shoplifting Crimes \| Petty Theft - Grand Theft \| Skilled California Attorney \| Penalties - Charges - Criminal Record \| ...
		Generally referred to as Shoplifting, Petty theft is the unlawful taking of someone else's property with the intent to deprive the owner of the property permanently.
		Petty theft is usually charged as a misdemeanor if it is a first offense, and the value of the property stolen is valued between $50 and $400.
		Petty theft can be punishable by a fine of up to $400 or by imprisonment in County jail for up to 6 months, or both.
	www.lacriminaldefenseattorney.com /Shoplifting.html (686 words)

	Felony - LoveToKnow 1911
		Counterfeiting the coin has been made a felony instead of being treason; and forgery of most documents has been made a felony instead of being, as it was at common law, a misdemeanour.
		At the beginning of the 19th century felony was almost equivalent to capital crime; but during that century capital punishment was abolished as to all felonies, except wilful murder, piracy with violence (7 W. and 1 Vict.
		That the costs of prosecuting all felonies (except treason felony) are paid out of public funds: and that a felon may be condemned to pay the costs of his prosecution and to compensate up to ioo for any loss of property suffered by any person through or by means of the felony.
	www.1911encyclopedia.org /Felony (849 words)

	jkrlaw.com — Criminal Defense — Theft — Petty Theft
		Petty theft is the catch-all term for a crime involving goods or services that are valued at less than $400.
		Petty theft is generally charged as a misdemeanor, especially if it is your first offense.
		If you have never been convicted of petty theft or a related charge, and you have never participated in a diversion or deferred judgment program, you may be eligible.
	www.jkrlaw.com /theft/petty-theft.html (401 words)

	Brown v. Mayle
		Petty theft -- theft of goods or money worth less than $400, § § 487, 488 -- is a misdemeanor, carrying a maximum sentence of 6 months in jail, § 490.
		Where petty theft with a prior results in a felony conviction, the petty theft offender' s recidivism can be "double counted," so as initially to transform the misdemeanor of petty theft into a felony and then to count it as the basis for a life sentence.
		The petty theft offense, with two prior theft offenses, could be treated as a second or third subsequent felony, in which case the maximum sentence for Bray would have been twice the two-year maximum for a first-time offender.
	www.law.com /regionals/ca/opinions/feb/9917261.shtml (9734 words)

	Life in Prison for Shoplifting: Cruel and Unusual Punishment - Human Rights Magazine, Winter 2004
		It was these three burglaries that caused Andrade's thefts of the videotapes in 1995 to be charged as petty theft with a prior, which requires that the previous conviction be for a property offense.
		The crime of petty theft with a prior in California is punishable by three years in prison, and two counts of petty theft with a prior is punishable by a maximum of three years and eight months in prison.
		Because Andrade was convicted of two counts of petty theft with a prior, he was sentenced under the California three strikes law to two sentences of twenty-five years or life, to run consecutively.
	www.abanet.org /irr/hr/winter04/shoplifting.html (2057 words)

	[No title]
		California law, however, provides that petty theft with a prior conviction for a property offense is a “wobbler,” a crime that can be punished, in the discretion of the prosecutor or the sentencing judge, as either a felony or a misdemeanor.
		Under California law, thefts of this amount generally would be regarded as the crime of petty theft, a misdemeanor, and punishable by a fine or a jail sentence of six months or less.
		Petty theft is deemed a misdemeanor by California and two counts of petty theft are punishable by at most one year in jail.
	supreme.lp.findlaw.com /supreme_court/briefs/01-1127/01-1127.mer.resp.doc (8589 words)

	Stimmel, Stimmel & Smith: Legal Articles
		Felonies include most violent crimes against persons such as murder as well crimes against property such as burglary and theft depending on the value of the property involved and other nonviolent crimes such as bribery, embezzlement, fraud or computer crime often termed “white collar crime”.
		Felonies are crimes for which a person may be sentenced to imprisonment in state prison (usually for more than one year.) Misdemeanors are lesser crimes for which the penalty may be imprisonment in a county jail (usually for one year or less) and infractions are offenses generally not punished by imprisonment at all.
		The definition of theft is the felonious stealing, taking, carrying, leading, or driving away of the personal property of another, or fraudulently appropriating property that has been entrusted by the other.
	www.stimmel-law.com /articles/commercial_bribery.html (1761 words)

	BAD ADVICE TO REJECT PLEA OFFER
		Counsel was ineffective in plea bargaining in case of felony petty theft and “three strikes” sentencing.
		During plea negotiations on the felony petty theft charge, the prosecutor did not realize that each robbery count could be used as a “strike” and offered the defendant a five year sentence in exchange for a guilty plea.
		Because the defense counsel had not investigated and was unaware of the defendant’s prior convictions, counsel advised the defendant that the maximum sentence he faced on the felony theft charge was nine years when it was actually 25 years to life.
	www.capdefnet.org /hat/contents/constitutional_issues/ineffective_assist/bad_advice_to_reject_plea_offer23.htm (3562 words)

	[No title]
		Under California law, petty theft with a prior conviction is a so-called "wobbler" offense because it is punishable either as a misdemeanor or as a felony.
		* * * The decision to prosecute petty theft with a prior conviction as a misdemeanor or as a felony is in the discretion of the prosecutor.
		The two thefts were separated by only two weeks; they involved the same victim; they apparently constituted parts of a single, continuing effort to finance drug sales; their seriousness is measured by the dollar value of the things taken; and the government charged both thefts in a single indictment.
	dcr.csusb.edu /psci/erler/Lockyer.doc (2806 words)

	California Criminal Defense Felony DUI Attorney, Felony Defense Lawyer, Felony Los Angeles, Felony Law Firm, Child ...
		C.P.C. Petty theft is a misdemeanor offense and is punishable by a fine up to one-thousand dollars or by imprisonment in the county jail up to six months, or both.
		Grand theft, either as a felony or misdemeanor, is punishable by for up to one year in county jail or state prison.
		Petty theft can also be filed as grand theft when several petty thefts are committed against the same victim and the combined loss is over four-hundred dollars.
	www.wklaw.com /areas_theft.html (1066 words)

	Angleton ISD
		theft definition theft is a felony; it is the taking of someone else's property with the intention of permanently depriving that person of it.
		Grand larceny is a felony with a state prison sentence as a punishment and petty larceny is usually limited to county jail time.
		Petty larceny is a misdemeanor with a maximum punishment of a term in the county jail.
	www.angleton.isd.tenet.edu /class_freeform_T80_R195.html (657 words)

	HB 1072 define the theft of certain livestock as grand...
		Theft in all other cases is petty theft.
		Petty theft of one hundred dollars or more is in the first degree and is a Class 1 misdemeanor.
		Otherwise petty theft of less than one hundred dollars is in the second degree and is a Class 2 misdemeanor.
	legis.state.sd.us /sessions/2001/bills/HB1072enr.htm (185 words)

	Families Against Mandatory Minimums Foundation (FAMM Foundation) (Site not responding. Last check: 2007-10-28)
		Under the statute a person whose record includes two "serious" or "violent" felonies must serve a sentence of life in prison without possibility of parole for a minimum of twenty-five years if convicted of a third felony.
		Petty theft is ordinarily a misdemeanor - Mr.
		Andrade would have been subject to a six-month sentence - unless it follows two prior felonies, in which case it is a "wobbler" offense, one that can be treated as a felony -- petty theft with a prior -- and thus a third strike.
	www.famm.org /si_litigation_andrade_ewing_analysis_10_31_02.htm (687 words)

	Harmon & Associates - Petty Theft Defense Lawyers, San Jose, CA.
		Petty theft - Petty theft is a theft in which the monetary cost of the stolen item(s) is under $400.
		Depending upon the particulars of the crime, grand theft may be a misdemeanor or felony charge, and result in a jail or prison term.
		There are many factors that will affect your theft charges, including the type of theft that occurred, the value of the stolen item(s), where the theft occurred, and if anyone was injured during the theft.
	www.harmonlegal.com /theft.html (465 words)

	California Criminal Attorneys - Shoplifting - Petty Theft - Embezzlement - Grand Theft Defense Attorneys - Los Angeles ... (Site not responding. Last check: 2007-10-28)
		Theft related offenses in California are called by many names, theft, burglary, shoplifting, petty theft, grand theft, auto theft, joyriding, embezzlement, extortion, identity theft, fraud etc. However, each of these offenses relates to conduct involving the taking property of another without their consent.
		Theft is a crime of "moral turpitude" which can have far reaching ramifications, including denial of both employment and professional licenses.
		The punishment for petty theft is up to six months in the county jail and by a fine of up to $1,000 and the punishment for grand theft could either be county jail or state prison plus fines up to $10,000.00.
	www.attorney-criminal-dui.com /theft.htm (1343 words)

	Torrance Petty Theft Defense Lawyers - South Bay Petty Theft Attorneys - Felony Petty Theft - Petty Theft Charge - ...
		Petty theft is a misdemeanor crime where an individual knowingly steals the property or belongings of another, which amounts to less than $400.
		Petty theft cases require the legal expertise and negotiating skills of an accomplished petty theft defense attorney.
		If you are facing petty theft charges, you may be forced to pay a monetary fine and/or serve a jail sentence, which is why it is imperative that you hire an experienced Torrance theft defense lawyer from McGregor and Ernenwein.
	www.california-theft-crimes-attorneys.com /petty_theft.shtml (638 words)

	Accuracy In Media - Guest Columns - Dismantling Democracy Through Judicial Activism
		Going to prison for 25 years for petty theft or shoplifting would, by itself, strike most people as a little much - or, in legalese, "grossly disproportionate." Since neither of these career criminals had received that sentence for that crime, however, she had her work cut out for her.
		Judge Berzon repeatedly said that petty theft itself, what she called the "core conduct" of the crime for which Bray was convicted, "is ordinarily punished by no more than six months in jail." Indeed it is, but Bray had chosen to commit other crimes.
		He chose the serious of crimes that resulted in his conviction for petty theft "with a prior." That "with a prior" part is what takes him outside the ordinary realm of first-time offenders receiving slaps on the wrist.
	www.aim.org /publications/guest_columns/jipping/2002/18feb2002.html (1073 words)

	Los Angeles Criminal Lawyer California Felony Criminal Defense Attorney Law Offices of Stephen G. Rodriguez Los Angeles
		In California, theft crime charges can range from a minor shoplifting charge (for stealing something valued under $400) to grand theft, which can be charged as a felony and could require a state prison sentence.
		For example, a theft crime involving the Internet crosses state lines and is therefore charged as a federal crime in addition to a state crime.
		It can be charged as Felony Petty Theft (also called petty theft with a prior) and is punishable by a year in county jail or even 16 months in state prison.
	www.lacriminaldefenseattorney.com /TheftCases.html (621 words)

	Brown v. Mayle
		Both were convicted of petty theft with a prior, a "wobbler" offense that was charged as a felony.
		If petty theft is committed after multiple prior convictions for nontheft offenses, even though these may include serious and violent offenses, P.C. 666 does not apply, and the petty theft must be charged as a misdemeanor and cannot trigger three strikes enhancements.
		Also, under the petty theft "with a prior" statute, violent prior felonies are irrelevant to the enhancement of the petty theft into a felony unless they are also theft crimes.
	www.witkin.com /pages/recent_dev_pages/previous_pages/criminal_conlaw_brown.htm (1324 words)

	Is That Legal?: Prosecutorial Insubordination? Prosecutorial Conscience? Something Else?
		In a jurisdiction with a three-strikes-and-you're-out provision in felony cases, a defendant is charged with petty theft, a non-violent felony.
		Under the policy of the prosecutor's office at the time the case is initiated, the new petty theft charge can qualify as a third strike, opening the defendant to a sentence of 25 years to life.
		Now, if the currently charged felony is not a violent felony, the case is presumptively a second (not a third) strike, even if the prior felonies were violent.
	www.isthatlegal.org /archives/2006/08/prosecutorial_i.html (2028 words)

	California Theft Crime Attorneys - Los Angeles Criminal Defense Lawyers - Petty Theft - Felony Theft - The Law Offices ...
		If you have been charged with a theft crime, such as petty theft, grand theft, first degree burglary, second degree burglary or identity theft, you may be facing a jail term and expensive monetary fines.
		If a person is convicted of a petty theft, in which the stolen items total up to $400, the penalty will most likely be less than that of a person who is convicted of grand theft, where the stolen items amount to $400 or more.
		California Theft Crime Defense Attorney Disclaimer: The theft crime, petty theft, grand theft, theft charge, criminal charges, criminal defense, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship.
	www.youareinnocent-theftcrimes.com (641 words)

	Three Strikes - Fresno Bee article
		Andrade was sentenced to 50 years to life for two felony petty theft convictions, having stolen several videotapes from two Kmart stores on two separate occasions; each theft qualified as a third strike.
		Although both of these defendants had committed a number of serious felony offenses and had been sentenced to prison several times over the course of their criminal "careers," their lengthy sentences for relatively minor crimes once again raises the question of whether California's strike zone is too broad.
		According to the law, the first two strikes must be felonies that the state legislature has designated as either "serious" or "violent." Typical offenses of this nature include murder, rape, robbery, and residential burglary.
	www.threestrikes.org /smct_0.html (1178 words)

	Southern California Theft Attorneys - Los Angeles Stealing Crimes Lawyers - Beverly Hills White Collar Criminal Defense
		Petty theft is a misdemeanor with a penalty of up to six months county jail.
		If the person has a prior theft conviction, he can be charged with "petty theft with a prior" under California Penal Code Section 666.
		A misdemeanor "petty theft with a prior" in California carries a penalty of up to one year county jail; a felony up to three years state prison.
	www.shouselaw.com /theft.html (532 words)

	U.S. v. Corona-Sanchez: 9th Circuit Rules That a Sentence Enhancement for Recidivism...
		He was convicted, and, because of a previous conviction for attempted petty larceny of a liquor store, he was sentenced for petty theft with a prior conviction.
		In this case, because the crime of "theft" developed from the common law crime of "larceny," the court found this common law definition to be the starting point, but not the end point, in the analysis.
		Under this definition, a theft offense is "a taking of property or an exercise of control over property without consent with the criminal intent to deprive the owner of rights and benefits of ownership, even if such deprivation is less than total or permanent." 246 F.3d at 1009.
	www.nilc.org /immlawpolicy/removcrim/removcrim073.htm (933 words)

	Petty Theft and Shoplifting Attorney — Los Angeles, California Lawyer
		Petty Theft that involves stolen goods valued at under $50 may, in some cases, be reduced to an infraction and a criminal record avoided.
		Grand Theft is usually punishable by up to one year in County jail or a maximum sentence of 16 months in state prison.
		Also known as Petty Theft or Grand Theft, Shoplifting is charged as a felony or misdemeanor, depending upon the value of stolen merchandise and the defendant’s criminal record.
	www.shopliftingattorney.com (761 words)

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