Contact me if you would like more information regarding the laws outlined below or your individual case.
Penal Code 488, 484, and shoplifting cases are typically filed as misdemeanors unless the defendant has a history of prior convictions for these types of cases. In these situations these cases may be filed as felonies.
For Petty Theft, the loss is almost always less than $400. I am excellent at mitigating penalties for these types of cases, and most clients for these cases will never have to go to court.
Penal Code section 487.
If the loss is greater than $400, then the case will likely be filed as Grand Theft, which is usually charged as a felony. However, these charges can be reduced to misdemeanors through court negotiations. I am highly effective in getting misdemeanors on these types of cases depending on the defendant’s prior criminal history.
On felony charges defendants must always appear in court. However, rest assured that I will be right at your side in court to fight for your rights and minimize penalties.
Typically the maximum penalty for misdemeanor theft charges range from 6 months to 1 year in county jail. If the case is elevated to a felony then the maximum penalty is up to 3 years in prison for an individual theft related charge.
Robbery is one of the most serious theft related charges. It can only be charged as a felony. It is always a STRIKE. When a defendant is charged with robbery, statutory law requires that he or she be sent to prison upon conviction.
First Degree Burglary is commonly known as residential burglary under penal code section 459, and is considered a STRIKE by California Law.
Residential Burglary occurs when one enters a dwelling house with the intent to take something or commit a felony. These are extremely serious charges. It is charged as a felony and the penalty for residential burglary is up to 4 years in prison.