When facing a theft case in Los Angeles County, a crucial question often arises: Will the outcome be prison or probation? Understanding the nuances of theft defense law is key to making informed decisions about your legal representation.
Many people don't understand how criminal law works related to theft defenses. Even if you get probation, if it's charged as a felony, you can still be looking at up to a year in the county jail.
Of course, if you go to prison, you're typically going to be looking at a 3-year sentence. So, when we talk about prison versus probation in a theft case, prosecutors and judges evaluate several different factors in deciding what type of resolution they're going to try to saddle you with.
As your criminal defense attorney, with 30 years of experience, my role is to strategize against potential prison sentences. I am committed to combatting any charges, especially those that could lead to imprisonment.
Our Los Angeles criminal defense lawyers will review the theft offense laws below.
Standard Theft Crime Charges in California
- Penal Code 459 PC – burglary,
- Penal Code 215 PC – carjacking,
- Penal Code 211 PC – robbery,
- Penal Code 459.5 PC – shoplifting,
- Penal Code 537 PC – defrauding an innkeeper,
- Penal Code 484 PC – petty theft,
- Penal Code 487 PC – grand theft,
- Penal Code 487(d)(2) – grand theft firearm,
- Penal Code 496 PC – receiving stolen property,
- Penal Code 530 PC – identity theft,
- Penal Code 666 PC – petty theft with prior,
- Vehicle Code 10801 VC – operating a chop shop,
- Vehicle Code 10851 VC – joyriding,
What are the Primary Factors?
Understanding the primary factors that determine jail time is crucial when facing a theft case. These factors, such as criminal record, theft sophistication, and stolen property value, can significantly impact the outcome of your case.
They'll be looking at your criminal record. Do you have a lot of theft cases?
If you've been stealing all your life and you're a career offender, they're going to want to send you to prison. No, if, and, or buts about it. That doesn't mean you're going to go to prison, but they're trying to send you to prison.
Another significant factor is the sophistication level. In other words, how does the theft work? Are you just going into a store and stealing items? That's not going to be a prison case.
Or is it more sophisticated? Are you an employee who sits in a position of trust stealing things? Is your scam sophisticated?
The next thing they're going to look at is the value of whatever it is that you're purportedly stealing. In other words, is it something under $950.00? You're likely going to get charged with a misdemeanor.
Is it over $950.00? Is it in the thousands? Does it involve a huge corporation? Is money being transferred from accounts? We have to look at what exactly is happening, the value of the property, the sophistication level, and what your prior criminal record looks like. Now, we're in an excellent position to assess whether they will try to send you to prison and whether you deserve prison.
Prosecution and Propositions in Theft Cases
In some cases, prosecutors argue that your client deserves prison. They won't stop stealing, and we have no other alternative.
That's the worst thing we can do to them, which is send them to prison. So, if you're thinking about your case and trying to figure out how you want to handle it, one good thing that we have going on right now, especially in Los Angeles County, is that there's a new prosecutor.
A bunch of propositions have been passed that are helping people who go to prison, striking some of the enhancements that can cost vast amounts of time.
Also, propositions have been passed that can be utilized to protect somebody's criminal record, especially if they have no prior offenses on their record.
It sets you up to be successful in the future, and this mitigation has come about because people who have committed theft crimes, even the most minor theft crimes, have had their records blemished for life.
In other words, they end up with a conviction even on a misdemeanor case that they cannot get off their record, and now they try to get a job. An employer sees the theft-related offense, and they're saying, "I'm not going to hire this person."
How can I possibly trust somebody who steals things? So, society has intervened and said, "Wait a minute. Sometimes, some of these people can be reformed, and maybe we need to give them a chance."
Maybe we need to reconsider some of these charges. If we arrest someone and don't file a case against them, maybe we should give them the opportunity to seal and destroy their arrest record.
The handling of your theft crime will be determined by the specific facts and circumstances. If you're being charged with a felony despite having no prior record, we'll work to find a fair resolution, such as earning a misdemeanor in your case. The legal system is designed to respect your rights and ensure a just outcome.
Defending California Theft Crime Charges
My suggestion is that if you're worried about going to prison or county jail and need the best attorney, you've come to the right place.
With our extensive experience and commitment to helping individuals in your situation, you can trust that you're in good hands. We offer fair prices and a dedicated defense strategy to give you the best chance at a positive outcome.
I've been down this road before. If you want help, pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
Hedding Law Firm is located in Los Angeles County and serves people throughout Southern California, including Orange County, Ventura County, Riverside, and San Bernardino. Our firm offers a free case evaluation by calling (213) 542-0979.
Related Content:
