A prior theft conviction in California can carry serious consequences, particularly when it comes to sentencing enhancements under the Penal Code 666 or if the state’s strict Three Strikes Law comes into play with felony convictions. Depending on how the theft offense is charged, a conviction can significantly increase the penalties for future felony offenses, potentially resulting in jail, prison time, or even a life sentence. Given these high stakes, it’s essential to seek a criminal defense attorney to protect your rights and future. Continue reading how prior theft conviction affect sentencing in California.
An Overview of Theft Charges in California
In California, the key difference between petty theft and grand theft offense lies in the value of the stolen property. Petty theft, found in California Penal Code 484, involves the unlawfully taking property valued at $950 or less and is usually charged as a misdemeanor, usually carrying lighter penalties like fines or short jail time. Grand theft, on the other hand, falls under California Penal Code 487(a) and occurs when the stolen property exceeds $950 in value or includes specific items like firearms or vehicles, and can be charged as either a misdemeanor or felony. Grand theft carries more severe penalties due to the higher value or complexity of the theft, reflecting its greater seriousness under the law.
California Penal Code 666: Petty Theft with a Prior – How Prior Convictions Can Enhance a Sentence
In California, petty theft, which involves property worth $950 or less, is usually a misdemeanor. However, Penal Code 666(a) allows prosecutors to charge it as a felony if the defendant has prior convictions for certain theft or violent crimes and served jail or prison time for that conviction. This includes past convictions for crimes such as grand theft, burglary, robbery, or others similar offenses. What makes this statute especially tough is that even a brief jail term, such as even for just a single day, can trigger this felony sentencing enhancement. The law is specifically written broadly to capture a wide range of prior offenders.
As CPC 666 is a “wobbler” offense, prosecutors have the option to charge it as either a misdemeanor or felony based on the defendant’s criminal history and the specifics of the case. A felony conviction can lead to up to three years in prison and $10,000 in fines, while a misdemeanor carries up to six months in jail and a $1,000 fine, still more severe than a standard petty theft penalty.
Given the serious consequences, especially for repeat offenders, consulting a skilled criminal defense attorney is essential to protecting one’s rights and avoiding a potential felony record as soon as possible.
Prior Theft Convictions and California’s Three Strike’s Law
In California, having a prior theft conviction can significantly impact a person’s sentencing, especially if the new theft offense is charged as a felony under the state’s “Three Strikes” law. Many theft-related crimes in California are classified as “wobbler” offenses, giving prosecutors discretion to charge them as either misdemeanors or felonies, depending on the facts of the case and the defendant’s criminal history. Under the Three Strikes law, individuals convicted of multiple felonies face increasingly severe penalties with each subsequent conviction. A second felony conviction, or second “strike” can result in a doubled prison term, while a third felony conviction, or “strike” triggers a mandatory sentence of 25 years to life in prison. If a prior theft conviction is treated as a felony, it will greatly enhance the punishment for any future offense. As such, strong legal representation is essential to protect a defendant’s future and freedom.
The Law Office of Nicolai Cocis for Experienced Criminal Defense Representation
If you or a loved one is facing theft-related charges, timely legal advice can protect your rights and help navigate the challenging criminal justice system. Given the complexities of theft laws in California, especially for repeat offenders, it is critical to consult with an experienced criminal defense attorney. Understanding how prior convictions impact current charges, the distinction between misdemeanor and felony offenses, and the possible defenses available can make a significant difference in the outcome of a case. At The Law Office of Nicolai Cocis, we bring over 25 years of experience handling theft-related criminal defense cases throughout Southern California. Contact us today and we will fight for you!
