October 5, 2015 By Paul Wallin

You Need Three Or More Convictions For the Prosecution To Charge A Felony Petty Theft

If you’re like most people, you’ve probably been tempted to steal something before in your life — not something as expensive as a car, but maybe a pack of batteries or a pair of socks. You think nobody will get hurt by taking these action; it’s only a small item.

The reality is that the person who could face the most consequences isn’t the store owner, but it is you. Theft is a serious crime, and even petty theft can be taken very seriously depending on the circumstances of your case. For instance, if you have been convicted of petty theft three times or more, you could face felony charges if you are accused of petty theft again.

When is Petty Theft a Felony in California?

Felony petty theft
Felony petty theft is serious.

Petty theft is rarely considered a felony under California law. However, there are some exceptions in which petty theft could be charged as a felony crime. For instance, a law recently passed in California states that you could be charged with a felony for petty theft if you have already been convicted of petty theft three or more times.

Under California Penal Code Section 666, you are accused of petty theft and you have been previously convicted of petty theft three times or more prior to these accusations, the prosecution can elevate a petty theft crime to a felony. Prior to this amendment in the law, a person who had been convicted of a single theft crime could be charged with a petty theft second offense as a felony.

Under People v. Vinson, this law was passed retroactively. Even if you only had one or two prior theft-related convictions and were charged with a new offense prior to this law taking affect, your attorney can now argue that you did not have the requisite number of prior convictions to warrant a felony petty theft charge. That is why it is extremely important to speak with a skilled theft lawyer if you facing charges of theft.

Call the Theft Attorneys at Wallin & Klarich

If you or a loved one is facing criminal charges for theft in California, you need to speak to a skilled criminal defense attorney right away. At Wallin & Klarich, our knowledgeable attorneys have over 40 years of experience successfully defending our clients facing theft charges. You can put your trust in Wallin & Klarich and we will help you obtain the best possible result in your case.

With offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Torrance, West Covina, Sherman Oaks, Victorville and Ventura, our experienced theft lawyers are available to help you no matter where you work or live.

Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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