In California, theft offenses can range from shoplifting to grand theft and burglary, each carrying its own penalties. A person’s prior criminal record, however, can greatly influence how new charges are filed and punished. As such, if you have a prior record and are facing potential new theft charges, be sure to urgently contact a knowledgeable California criminal defense attorney to help maintain your rights.
An Overview Crime of Burglary Under California Penal Code 459
California lawmakers have cracked down on repeat offenders, allowing prosecutors to elevate misdemeanor thefts to felonies when prior convictions exist. This means a person with a history of theft crimes faces far harsher penalties for new charges, even in situations where the property value stolen is low. Read more below to see how prior conviction can impact various theft charges.
Shoplifting Sentencing
Shoplifting, found under California Penal Code 459.5, occurs when someone enters a business during regular hours intending to steal property valued at $950 or less. Normally, it is charged as a misdemeanor, punishable by up to six months in county jail and/or a $1,000 fine. However, if the accused has certain serious prior convictions, such as violent felonies or sex crimes, shoplifting can be charged as a felony, carrying sentence enhancements of up to 16 months, 2 years, or 3 years in county jail and fines up to $10,000.
Petty Theft Sentencing
Petty theft, under California Penal Code 484, involves unlawfully taking property worth $950 or less. It is typically a misdemeanor with penalties similar to shoplifting.
However, under Petty Theft with a Prior in California Penal Code 666, if the defendant has previous theft-related convictions, such as burglary or theft, the new petty theft charges possible enhanced to a felony, under the discretion of the Prosecutor. A felony petty theft conviction may result in up to 3 years in county jail.
Grand Theft Sentencing
Grand theft, found in California Penal Code 487, applies when property worth more than $950 is stolen, or when items like firearms or vehicles are taken, regardless of value. It is a wobbler offense: as a misdemeanor, it carries up to one year in jail, but as a felony, it can lead to up to 3 years in prison. Prior convictions, however, can tip the scales toward a Prosecutor charges a felony, especially if the State views the defendant as a repeat offender.
Burglary Sentencing
Burglary involves entering a structure with intent to either steal or commit a felony. Burglary in the first degree involves residential structures and is always a felony, punishable by 2, 4, or 6 years in state prison. Burglary in the second degree involves commercial structures and it may be charged as a misdemeanor or felony. If charged as a misdemeanor, the penalty may include up to one year in county jail. If charged as a felony, the punishment can extend to up three years in state prison. Prior records, especially a person with prior felonies, is more likely to lead prosecutors to pursue felony charges in nearly all cases.
Robbery Sentencing
Robbery under California penal Code 211 is the felonious taking of personal property in the possession of another, from his person or presence, and against his will, accomplished by means of force or fear. Robbery is always a felony. First-degree robbery occurs in specific situations, such as inside a residence or against someone using an ATM, and is punishable for 3, 4, or 6 years in state prison. Second-degree robbery covers all other cases and carries 2, 3, or 5 years. Sentences can be significantly increased with enhancements: using a firearm adds 10 to 25 years or more under Penal Code12022.53, and causing great bodily injury can add 3 to 6 years under Penal Code 12022.7. With California’s “Three Strikes Law”, a single felony conviction also increases the penalties for any future felony charges, resulting in doubled sentences or in life imprisonment.
Contact The Law Office of Nicolai Cocis for California Criminal Defense
As prior convictions can dramatically increase sentencing, anyone accused of theft in California should seek immediate legal advice. What may seem like a minor offense, such as shoplifting, can quickly become a felony if aggravating factors are present. The Law Office of Nicolai Cocis has over 25 years’ experience in helping criminal defendants maintain their rights. Contact us today to start building a strong and effective defense.
