Wednesday, March 18, 2015

Petty Theft: Keeping it off Your Record





The crime of petty theft is defined in Section 484 of the
California Penal Code. Any criminal defense lawyer will tell you that the most
common form of petty theft is shoplifting, referring to the theft of goods from
a retail store. Theft of goods or services with a value of $950.00 or less is
considered petty theft which is punishable as a misdemeanor. Theft of an amount
greater than $950.00 is called grand theft and is punishable as a misdemeanor
or a felony with a maximum punishment of up to three years in the state prison.
Petty theft is punishable by up to six months in the Orange County jail.


 


Petty theft, like all theft crimes, is considered a crime of
“moral turpitude”, meaning it involves dishonesty or immorality. Therefore, a
conviction for a theft crime, including petty theft, can be an impediment when
seeking a job or any kind of license. Therefore, it is always best for your
criminal defense attorney to explore every option to keep the charge from
appearing on your record.


 


A favorite method of theft defense attorneys is to negotiate
a “deferred entry of judgment” deal or “DEJ”, whereby the defendant agrees to
make restitution to the victim, complete a class on personal responsibility,
and provide a DNA sample to compare against DNA collected at unsolved crime
scenes. Under the terms of a DEJ agreement, if the defendant does this and
remains free from further arrest for 90 days, the charge against the defendant
will be dismissed. Of course, Orange County criminal defense lawyers aren’t
always able to convince the DA to offer the DEJ program. It will depend on many
factors, including whether you have prior criminal convictions, your age, and
the circumstances of the crime.


 


For more information about theft crime such as burglary,
larceny, fraud, robbery or auto theft, call The Law Offices of EJ Stopyro at
(949) 559-5500 for a free and confidential telephonic consultation with an
experienced Orange County criminal defense lawyer. You can also reach us on our
contact page. Our main offices is at 32072 Camino Capistrano, 2nd
floor, San Juan Capistrano, CA 92675.

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