Theft and Vandalism: Prison Enhancement Depends on the Amount of Loss

criminal defense lawyers in Orange County

If you’ve been arrested for a theft crime, including grand theft, embezzlement, burglary or forgery, or for vandalism, then you might be facing mandatory prison time. Orange County criminal defense lawyers familiar with California Penal Code Section12022.6 know that the greater the value of the property taken, damaged or destroyed, the greater the sentence. This penal code section is called an “enhancement” because the sentence the judge gives is enhanced or increased by a specific term of imprisonment. In the case of theft or vandalism, section 12022.6 imposes an additional one year of imprisonment if the value of the property taken, destroyed or damaged exceeds $65,000.00.

If there are a series of crimes, and the cumulative value of the crimes adds up to this amount, then the enhancement also applies. For example, if a defendant commits multiple acts of identity theft over a period of months, then the court must look at the total value of all the acts of identity theft when determining the amount of loss. So if a defendant commits identity theft every week for a year and the value of property taken each time is $1,000.00, then the total loss would be $52,000.00 and the defendant’s criminal defense lawyer in Orange County could successfully argue that the enhancement does not apply.

Moreover, criminal defense attorney in Orange County will tell you thatthe enhancement must be specifically alleged in the Complaint or Information in order for the enhancement to  be imposed by the judge. The District Attorney must claim that the enhancement applies before a judge can impose it. However, once the enhancement is plead and proved, then the judge must impose it. The extra time of the enhancement is added on to whatever sentence the judge imposes for the theft crime or vandalism. So, for example, if a defendant is found guilty of grand theft of $66,000.00, then the judge must sentence the defendant to a sentence of 16 months, 2 years or 3 years for committing the grand theft. Then, on top of this sentence, the judge must give an additional year of imprisonment because of the 12022.6 enhancement.

If the act or acts if identity theft, grand theft, embezzlement or vandalism cause a loss of more than $200,000.00, then the enhancement goes up to TWO years of additional imprisonment. A loss exceeding $1,300,000.00, the enhancement goes up to THREE additional years. And a loss exceeding $3,200,000.00 draws an additional FOUR years. If you are facing charges in Orange County for vandalism or a theft crime such as burglary, embezzlement, identity theft, or grand theft, you need the advice of an experienced Orange County criminal defense lawyer. Call The Law Offices of EJ Stopyro at (949) 559-5500 today for a free and confidential consultation. Or visit our website at www.EJEsquire.com.