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Shoplifting, a persistent challenge for retailers, costs businesses billions of dollars annually. California, in response, has enacted significant updates to its shoplifting laws. This article explores these changes, shedding light on their impact on individuals and businesses in the state.
Definition of Shoplifting in California
Before delving into recent updates, it’s crucial to understand what is shoplifting and comprehend California’s shoplifting law and its definition of shoplifting. Under state law, shoplifting in California is a form of theft, encompassing entering a commercial establishment or a store with the intent to commit larceny during regular business hours. Various actions, such as concealing merchandise or altering price tags, constitute shoplifting, with the crucial element being the intent to permanently deprive the owner or employee without payment.
Recent Changes in California Shoplifting Laws
California shoplifting law underwent a noteworthy shift with Senate Bill 551. This bill raised the threshold for misdemeanor shoplifting from $500 to $950. The rationale is clear: distinguishing between minor and major offenses, ensuring proportionate consequences, and easing the strain on the criminal justice system.
Debunking myths: What are California’s retail theft laws?
Misconceptions surround California’s shoplifting laws, such as the belief that shoplifting up to $950 is consequence-free. In reality, any retail theft is unlawful, irrespective of the stolen merchandise’s value. Another fallacy is the idea that returning stolen items negates criminal liability—an inaccurate assumption debunked by Senate Bill 551.
Now, let’s take a closer look at important laws, amendments, and recent proposals:
Senate Bill 551
Contrary to popular belief, Senate Bill 551 does not legalize shoplifting up to $950. Rather, it adjusts the threshold for misdemeanor charges. Those charged with misdemeanor shoplifting in California still face fines, probation, community service, and potentially jail time, the severity contingent on the case’s specifics and the defendant’s criminal history.
Proposition 47
Another pivotal update, Proposition 47 (2014), reclassified certain nonviolent crimes, including shoplifting under $950, from felonies to misdemeanors. This shift prioritizes rehabilitation over punishment, aligning with efforts to address underlying issues contributing to nonviolent offenses.
Assembly Bill 1700
Introduced recently, Assembly Bill 1700 targets repeat shoplifters, seeking to enhance penalties for habitual offenders. If enacted, this bill would facilitate charging individuals with felony shoplifting for repeated theft-related convictions.
Senate Bill 301
Under consideration, Senate Bill 301 proposes alternative sentencing for retail theft, emphasizing rehabilitation for underlying causes. If approved, judges could opt for diversion programs or treatment over traditional incarceration, recognizing shoplifting as a symptom of broader issues like addiction or financial distress.
Are prices going up because of California shoplifting laws?
Concerns have arisen regarding potential price increases due to these legal changes in California. The fear is that lenient treatment of shoplifting may prompt retailers to offset losses by raising prices. However, the laws aim for a balanced approach, addressing the issue without disproportionately punishing individuals for lower-value offenses. Retailers, equipped with surveillance systems and security staff, also implement measures to mitigate retail thef losses.
Thresholds for Misdemeanor and Felony Shoplifting
With the threshold for misdemeanor shoplifting set at $950, distinguishing between misdemeanor and felony charges is critical. Misdemeanor convictions may result in fines, probation, community service, and possible jail time, while felony charges carry more severe consequences, including extended prison sentences.
The degree of offense in misdemeanor and felony shoplifting in California is influenced by various factors. Understanding these factors is crucial, as they play a significant role in determining the severity of the charges and their potential consequences. Here are some key factors:
Value of Stolen Merchandise
Prior Convictions
Intent and Circumstances
Cooperation with Law Enforcement
Legal Defenses
Collaboration with Prosecution
Sentencing Alternatives
What are the penalties for PC 459.5 shoplifting?
Let’s understand: is shoplifting a felony? California Penal Code Section 459.5 designates shoplifting as a wobbler offense, allowing it to be charged as a misdemeanor or felony. Penalties vary based on circumstances and criminal history. Misdemeanor convictions may lead to fines, probation, community service, and up to one year in county jail, while felonies carry heavier penalties.
What are the defenses for 459.5 PC?
Individuals facing shoplifting charges should seek legal advice from an experienced criminal defense attorney. Potential defenses include lack of intent, mistaken identity, contesting merchandise value, and proving a legitimate reason for handling items without intent to steal. Defense strategies depend on the unique circumstances of each case.
Navigating California’s Shoplifting Laws in Conclusion
California’s recent shoplifting law updates aim for a balanced approach, holding individuals accountable while ensuring proportional punishment. By addressing misdemeanor thresholds, repeat offenses, and introducing alternative sentencing options, the state strives for a nuanced and effective response. Understanding these changes is crucial for individuals and businesses. Education and prevention programs can deter potential shoplifters, while legal guidance supports those facing charges. Together, informed and collaborative efforts can reduce shoplifting incidents, safeguard businesses, and foster a safer community for all Californians.
Three out of ten Americans use online dating platforms. Approximately 54% of American online daters believe relationships that come from online dating are just as successful as those that begin in person.
These statistics show that dating apps have become an integral part of modern romance, connecting individuals with shared interests and values. However, the increased reliance on these platforms has brought to light a concerning trend—dating apps can sometimes lead to legal complications, with rape charges being one of the most severe consequences.
Not everyone you meet online is what they claim to be. In fact, over 53% of Americans fabricate some or all of their profile. Online daters may lie about their age, background, and credentials for their selfish gains.
Contact us at Manshoory Law Group if you are facing criminal charges related to online dating. We will help you build a solid defense strategy. Call us at (877) 958-9414 for a free consultation.
The Dangers of Dating App Meet-Ups
You may have probably thought about online dating, especially if you are too busy to go out there and meet new people. With online dating, you can meet your new partner at the click of a button. In most cases, you will access numerous profiles and match with those with whom you share common interests. Then, you can start a conversation and arrange for a meet-up. This is how easy it is to find a partner.
However, how can you verify the identity of the person you speak to? Individuals using online dating apps may provide inaccurate information. They may also share outdated or fabricated images. This way, establishing the true identity of the person you are speaking with becomes challenging, even if the platform claims to enforce stringent verification measures.
The initial interaction typically involves virtual conversations, allowing individuals to acquaint themselves in the digital realm. However, complications may arise during the first in-person meeting and subsequent interactions, particularly if the relationship progresses to more intimate levels.
Nowadays, some dating apps may tempt users with the prospect of same-day “hookups,” often requiring minimal online interaction beyond a shared interest in sexual gratification. Despite frequent shutdowns by law enforcement, these platforms persistently reappear in various forms.
Some first meet-ups may go well, especially if you have been truthful with each other from the start. However, what happens if you discover your partner has been deceitful?
Potential Accusations You Can Face
Age is of significant importance in the context of sexual encounters stemming from online dating apps. Merely relying on the information stated in someone’s dating profile, where they claim to be 18 years of age or older, does not absolve you of legal liability for potential statutory rape. This is if the actual age turns out to be below 18.
California Penal Code section 261.5 states that it is unlawful to have sexual intercourse with a minor. Note that you cannot defend yourself in a statutory rape case by claiming that the minor consented to the sexual activity. This is because minors are deemed legally incapable of providing consent.
Even though online dating apps only allow adults, minors have found a way to infiltrate these platforms. In most cases, they join with fake credentials. You could assume you have planned a meet-up with an adult, yet they is a minor.
Therefore, when meeting in person, it becomes imperative to request proof of age if they assert to be 18 or older.
However, what if you reasonably and genuinely believed your partner was over 18? In that case, you can use the defense of “Good Faith Belief” as set out in California Criminal Jury Instruction 1071.
Practically, determining the exact age of individuals aged 15 to 25 is often challenging. Appearances alone may not be conclusive.
While the “Good Faith Belief” defense may be valid, you must convince the jury that your belief in your partner’s age would be reasonable for any adult. Here – you cannot just rely on appearance; you must provide other justifications that made you believe your partner was over 18.
Additionally, you may be charged with the more severe criminal offense of rape. The criminal offense of rape is defined as engaging in intercourse without the consent of your partner, regardless of their age.
If the sexual act occurs after a night of dining and drinking, your partner may be too intoxicated to provide informed consent. California law requires affirmative consent, and an individual incapacitated by alcohol or drugs cannot legally provide such consent.
You can also be charged with the criminal offense of sexual assault. Sexual assault encompasses acts such as touching the intimate parts of another person without their consent for arousal, sexual gratification, or abuse. Even actions perceived as innocent foreplay may lead to legal consequences.
Recognizing and respecting personal boundaries is essential in the digital space. If you do not do so, you can face criminal charges under California Penal Code 646.9 and 653m. California Penal Code 646.9 criminalizes stalking. Stalking is legally defined as the act of sending messages to threaten or harass another person. California Penal Code 653 states that it is unlawful to send an obscene, repeated, or threatening message with the intent to annoy the recipient.
When using a dating app, do not repeatedly send unsolicited messages. Respect the privacy settings of individuals and do not pressure the potential partners you interact with into activities they are uncomfortable doing.
Potential Penalties You Can Face Upon Conviction
The punishments for statutory rape are contingent on the age difference between the parties involved. An individual who is no more than three years older than the victim may face a misdemeanor charge, leading to a potential fine of up to $1,000 and a maximum prison sentence of one year.
However, should the offender exceed a three-year age difference and be older than 21 while the victim is 16 or younger, the offense escalates to a felony. In such cases, the penalties include a fine of up to $10,000 and a prison term ranging from 16 months to four years.
Rape is classified as a felony. It carries the potential for a three-, six-, or eight-year prison sentence. This sentence can be increased to 13 years if the victim is under 14. You may also get an 11-year sentence if the victim is 14–17. Additionally, individuals convicted of rape are obligated to register as sexual offenders for life.
The criminal offense of stalking, under California Penal Code 646.9, can be charged as either a felony or a misdemeanor. As a misdemeanor, it attracts a jail term of a maximum of one year. As a felony, it is punishable by a state prison sentence of up to five years. A criminal charge under California Penal Code 653m may result in a county jail sentence of up to six months.
Need a California Criminal Defense Lawyer? Contact Us Right Away for Professional Legal Help!
Issues can arise in interpersonal connections across various contexts. However, online dating platforms, in particular, can serve as a fertile ground for deception and ensuing complications. It is essential to tread carefully because, without realizing it, you might end up causing serious legal issues for yourself if you rush into things too quickly.
At Manshoory Law Group, we have extensive experience assisting thousands of people in California with relationship-related legal matters. Our approach is to strongly advocate for you, working closely to figure out the best strategies for a positive outcome.
When it comes to legal support, choosing an experienced criminal defense attorney over a public defender can make a significant difference. You want someone who understands the complexities of the law and is dedicated to protecting your rights.
Call us at (877) 958-9414 for a free consultation if you are facing relationship-related legal issues. We will discuss how we can navigate these challenges together. Your peace of mind matters, and we are here to help.
Probation is a desirable alternative to jail time for many convicts, but it’s not available to everyone, and there are specific terms and rules that need to be followed.
This guide will take a look at misdemeanor probation in California, covering what does probation mean, explaining the intricacies of misdemeanor or informal probation, and explaining what happens in case of a misdemeanor probation violation, too.
What Is Misdemeanor Probation?
First, we need to define misdemeanor probation. To do that, it’s easy to break the phrase down into its two parts: misdemeanor and probation.
In California courts (and many other courts across the US), crimes are divided into two categories: misdemeanors and felonies. Misdemeanors are the less serious of the two, with smaller punishments, lesser sentences, and a greater chance of probation compared to felonies.
Next, what does probation mean? Well, probation is an alternative to serving jail time. It allows the convict to be “free” and not in jail or prison. They can carry on living their usual life for the most part, but with certain levels of supervision and certain rules to follow, like having to visit a misdemeanor probation office and visit a probation officer regularly, submitting to random drug testing, and so on.
Misdemeanor probation, or informal probation, is usually unsupervised and less strict than felony probation. Those on probation may not even need to attend a misdemeanor probation office or have their own office but still need to abide by certain terms.
What Crimes Usually Get Probation?
Courts typically offer misdemeanor probation to those convicted of low-risk and non-violent crimes. This can include things like driving with a suspended license, shoplifting, or stealing low-value items. Ultimately, it’s up to the judge to decide whether or not probation can be offered based on the type of crime involved and the nature of the case in question.
Misdemeanor DUI Probation
Misdemeanor probation has consistently proven to be a desirable alternative to serving jail time for many people and can have beneficial results for those who acquire it. It typically lasts anywhere from one to three years, although it may be longer in some cases.
During that time, defendants will need to follow a series of rules and conditions. If they fail to comply with the conditions, a judge may choose to revoke probation and send them behind bars instead.
In many cases, the defendant’s Los Angeles criminal defense lawyer will push for misdemeanor probation as part of a plea bargain. In other cases, defendants may opt for jail time instead, and nobody is forced to accept probation if they don’t want to.
The conditions of informal probation can vary from case to case. In DUI cases, for instance, defendants will usually need to complete an alcohol education course, while domestic violence defendants may have to have counseling or complete a treatment program.
Terms And Conditions Of Misdemeanor Probation
When a probation sentence is passed by a judge, the misdemeanor probation office will outline the relevant conditions and rules that the defendant needs to follow. As mentioned above, these terms can vary from case to case, but tend to include the following standard probation conditions:
Reporting to a probation officer: The defendant will be required to regularly report to and check in with their assigned probation officer. This helps ensure that they’re following the rules and doing what is expected of them.
Employment and education requirements: There may be certain employment and/or education requirements involved, too, like having to complete an educational course about alcohol or needing to seek employment if the defendant is unemployed.
Restraining orders and protective orders: Depending on the nature of the case, a defendant may also have restraining or protective orders to follow, such as staying away from a particular person or area.
In addition, defendants may also have to follow certain specialized conditions that are relevant to their case, like:
Substance abuse treatment programs: This tends to apply for drug, alcohol, or DUI cases. The defendant may need to complete certain treatment programs to help them overcome or manage addictions or substance abuse problems.
Anger management or counseling: This term of probation is usually applied in cases of violent crime, like assault. The defendant may have to take anger management classes or counseling for a while to overcome temper issues.
Community service or restitution: Another common condition of probation is community service. The defendant may have to help out their local community in various ways or pay restitution to whoever was harmed by their original crime.
Avoidance of specific individuals or locations: Like the restraining order condition outlined above, defendants may also be ordered to stay away from specific people or places, such as people they hurt or locations like bars.
Misdemeanor Probation Violation in California
If you fail to follow the terms of your probation or break any of the rules, that will be classed as a misdemeanor probation violation. This can lead to your probation being revoked and you having to go to jail for the maximum sentence. A probation violation lawyer can help in cases of violation. Contact us to learn more.
Overall misdemeanor probation is often preferred to jail time, but it is still a form of punishment with strict rules that have to be followed. It’s important for those on probation to respect the terms and conditions and follow any relevant rules or guidelines to avoid getting into further trouble.
FAQ on Misdemeanor Probatio
Can You Leave the State on Misdemeanor Probation?
Whether you can leave the state while on misdemeanor probation depends on court-approved conditions. Generally, it's possible with prior approval from your probation officer or court. Your probation officer considers factors like your offense, compliance history, and travel purpose. Violating this can lead to probation revocation and legal issues.
How Long is Misdemeanor Probation?
Misdemeanor probation typically lasts 1-3 years, but it varies based on your offense, criminal history, and judge's discretion. You'll need to follow specific conditions like check-ins, community service, counseling, and avoiding further crimes during probation. Consult with our Los Angeles criminal defense attorneys for further information.
How To Get Probation Instead Of Jail Time?
To increase your chances of probation over jail time, hire a skilled defense attorney, emphasize rehabilitation commitment, and provide evidence of community ties. Address underlying issues, like substance abuse or anger management, and present a clear plan for probation compliance.
Do First-Time Misdemeanor Offenders Go To Jail?
First-time offenders may avoid jail depending on factors like offense severity, criminal history, and remorse. Less serious offenses often result in alternatives to jail. However, serious charges or lack of responsibility may lead to jail time.
What Happens if You Get a Misdemeanor While on Probation?
Facing a new misdemeanor charge during probation can result in probation violation consequences, such as revocation, additional terms, or incarceration. Consult a defense attorney for guidance and protection of your rights in such situations.
The results of a DUI test hold the power to sway the scales, determining whether you may be acquitted or convicted. Contemplating the possibility of not taking the test may lead you to consider the option of refusing it altogether. But can you refuse a DUI test?
Yet, this decision is not without its legal implications. In this article, we will highlight the legal repercussions that may accompany such a choice.
However, if you find yourself grappling with the aftermath of having already refused a California DUI test and are now facing charges, fear not—we at Manshoory Law Group are here to guide you through. We can help you build a solid defense strategy. Call us at (877) 977-7750 for a free consultation.
The Implied Consent Law
So, how to refuse a DUI test? When driving in California, it is automatically assumed that you have given your consent to undergo DUI testing in the event of a lawful DUI arrest. This legal provision is commonly referred to as California’s “implied consent” law.
This means that you cannot refuse a DUI test post-arrest without facing legal repercussions. However, you can comfortably refuse a pre-arrest DUI test.
Let us have a closer look at these two scenarios:
Pre-arrest DUI Tests
Once you have been pulled over but not yet arrested, the police may ask you to take a breath test. In some cases, they may also ask you to participate in a field sobriety test.
There are no legal consequences for refusing these tests unless you are under 21 or on probation for a previous DUI conviction.
The evidence from these tests can be used in a criminal trial against you. Unfortunately, the police will rarely tell you that you have an option to refuse a pre-arrest DUI test. We do not recommend agreeing to a pre-arrest DUI test unless you are under 21 or on DUI probation.
Post-arrest DUI Tests
Once you have been arrested, refusing a DUI test carries unavoidable consequences. This holds true even if you have already undergone a pre-arrest DUI test.
Note that you do not have a legal right to refuse a post-arrest DUI test based on the belief of wrongful arrest. However, suppose the judge determines the unlawfulness of your arrest or traffic stop. In that case, they will dismiss the charge — even if the test initially indicates intoxication.
Can I Select My Preferred DUI Test After Arrest?
Generally, you will be told to choose between a blood or breath test. However, in some cases, the police will not give you a choice – they will solely decide for you which test you should take.
Here are examples of some of these scenarios:
The police officer suspects that you are under the influence of drugs. In such cases, you will only be allowed to take a blood test.
Your preferred DUI test is unavailable. In such cases, you will take the available test.
The police officer considers your breath test to be unreliable. In such cases, you may have to take a urine or blood test.
Can I Refuse Taking a Different DUI Test Than the One I Requested?
Any deviation from the officer’s instructions, regardless of the circumstances, will be deemed a refusal to undergo a chemical test.
It is crucial to bear in mind that, according to California’s implied consent law, you have implicitly agreed to submit to DUI testing. If the police officer fails to provide you with a choice, you retain the right to request an alternative test. Moreover, if proper procedures were not adhered to during the testing process, you can contest the results during the trial.
However, once you are specifically directed to undergo a particular DUI chemical test, there are very limited legal grounds on which you can refuse to comply.
What If I Have a Medical Condition?
Certain medical conditions may either excuse you or pose a hindrance to undergoing a specific DUI test. However, these conditions do not exempt you from the overall requirement of a DUI test.
Suppose you have a blood clotting or heart disorder and are under treatment with anticoagulants. In that case, you are allowed to refuse a blood test.
Furthermore, specific conditions may lead to inaccuracies in BAC limit readings from a breath test. Some examples of these conditions include the following:
Chronic heartburn, acid reflux, or GERD can potentially yield falsely elevated breath test results.
A high-protein/low-carbohydrate diet may inadvertently deceive breath test devices.
Should the officer inquire about your medical condition or dietary habits, providing truthful responses is crucial. Failure to do so may be interpreted as a willful refusal to take a DUI test.
What If I am Severely Injured or Unconscious?
Being injured or unconscious does not legally excuse you from undergoing a DUI test.
However, if an injury, particularly head trauma, renders you incapable of providing meaningful consent, you can refuse to take a DUI test. It is crucial to note that if your inability to give consent stems from the influence of drugs or alcohol, including prescription medications, your refusal to undergo a DUI test is not considered excusable.
What If I am Unable to Complete a DUI Test?
Suppose circumstances beyond your control prevent you from completing a test. In that case, you must be allowed to undergo a different test.
Some of these circumstances may include the following:
Inability to generate a sufficient volume of air for a breath test
Difficulty producing sufficient urine for a urine test
However, note that a deliberate failure to complete a California DUI chemical test will be treated as a refusal. In the event your case proceeds to trial, the judge may instruct the jury that they have the option (though not an obligation) to infer that your refusal stemmed from your awareness of guilt regarding the DUI charge.
Other Situations That Can Qualify as a Refusal to Take a DUI Test
While the idea of “refusing” a DUI test may appear straightforward, it is a nuanced concept with various situations that could unwittingly be perceived as refusals. Beyond the scenarios mentioned earlier, here are additional considerations:
You are granted only one opportunity to accept a test. Suppose you decline a DUI chemical test initially. In that case, you do not possess the right to change your decision, and the officer is not obligated to provide a second opportunity.
Failure to select a DUI test is treated as a refusal. Despite the familiar “right to remain silent” upon arrest, this right pertains solely to self-incrimination, not the choice of a chemical test post-arrest. If offered a selection and you remain silent, it may be construed as a refusal.
You do not have the right to speak to a lawyer before a DUI test. While you typically have the right to speak to an attorney after an arrest, this right does not extend to DUI tests after an arrest.
Your own doctor cannot be present during the test. You do not have the legal right to have your personal doctor oversee or participate in the DUI chemical test. Instead, the test will be conducted by a law enforcement officer or an external laboratory.
Consequences of Refusing a DUI Test
Refusing to undergo a post-arrest DUI blood or breath test in California can result in enhanced penalties after conviction.
The escalated penalties for refusing a DUI chemical test include the following:
For a first-time DUI, an extra 48 hours in jail and a mandatory nine-month enrollment in a DUI school, replacing the standard three-month DUI program applicable to first-time DUIs without refusals.
In the case of a second time DUI, an added 96 hours of confinement in county jail.
For a third time DUI, an extended sentence of 10 additional days in jail.
In instances of a fourth or multiple DUI offense, an increased penalty of 18 extra days in jail.
Can Refusing a DUI Test Help Me in My Criminal Case?
While refusing a DUI test may heighten potential penalties, surprisingly, it could yield positive outcomes for your criminal case.
Devoid of supporting DUI test results, the DA may question the credibility of the police officer or doubt their ability to persuasively convince a jury of your guilt.
In such scenarios, there is a chance your charges might be outright dismissed or downgraded to a “wet reckless,” a less severe charge. This plea bargain involves admitting to driving with some measurable alcohol in your blood. Another potential plea bargain is a “dry reckless,” where you admit only to reckless driving without any mention of alcohol.
Need a DUI Defense Attorney? Contact Us Right Away!
Although refusing a DUI test can lead to enhanced penalties, it is essential to recognize that strategic defense options exist. At Manshoory Law Group, our team of experienced DUI defense attorneys is dedicated to navigating the intricate legal terrain on your behalf.
Whether challenging the credibility of arresting officers or exploring potential dismissals and plea bargains, we are here to formulate a robust defense strategy tailored to your unique circumstances. Call us at (877) 977-7750 for a free consultation.
In California, the Three Strikes Law has been a subject of debate, controversy, and concern for over two decades. Designed with the intent to deter repeat offenders and keep dangerous criminals behind bars, this law has far-reaching implications for individuals facing criminal charges in the state.
If you or a loved one is facing a potential three-strikes scenario, do not hesitate to contact us at Manshoory Law Group for personalized legal assistance and strategic defense strategies. Call us at (877) 590-7054.
What is the California Three Strikes Law?
The California Three Strikes Law is a sentencing policy enacted in 1994 with the aim of imposing harsher penalties on individuals convicted of multiple serious or violent felonies. You may receive a strike on your record if you get convicted of a violent or serious felony.
Suppose you get convicted of any felony, and you already have one strike on your record. In that case, you will get double the sentence for the new offense.
A defendant with two prior strikes who is convicted of a third violent or serious felony faces a mandatory sentence of 25 years to life in prison. The third strike triggers the most severe consequences, often referred to as a “third strike and you’re out” law.
Note that not all felonies qualify as strikes under the law. The list of qualifying offenses includes a range of serious and violent crimes, such as the following:
Voluntary manslaughter or murder
Rape
Extortion
Oral copulation or sodomy by force
Carjacking
Arson
Kidnapping
Robbery
First-degree burglary
Sale of PCP, methamphetamine, heroin, or cocaine to a child
Grand theft involving a firearm
Generally, any offense involving a firearm can qualify as a strike. Moreover, certain juvenile offenses can be counted as strikes, provided the minor was 16 years or older when they committed the offense.
Additionally, out-of-state convictions for serious or violent felonies can count as strikes in California courts. You can also get two or more strikes at once in a single court proceeding, depending on the facts and circumstances of your case.
Can a Court Remove Prior Strikes?
Luckily, a court can remove a prior strike in the interests of justice. This can happen in two ways:
At the prosecutor’s sole discretion — In some cases, the prosecutor may choose to “strike” a strike. This is especially true if they believe that the defendant should not be treated as a striker or if the strike is too difficult for them to prove.
The defense filing a motion to dismiss the strike — In some cases, the defense may file a motion to remove a strike. This is commonly referred to as a “Romero” motion. Named after the legal case People v. Romero, a Romero motion allows a judge to dismiss one or more prior strikes in the interest of justice. Here, the defense’s central argument will be that enforcing the three strikes law in its entirety would result in an unjust and overly harsh sentence.
Removing a strike is not guaranteed, and each case is considered on its own merits. Factors such as the nature of prior convictions, the current offense, and the defendant’s overall criminal history are considered.
The Eligibility of Second and Third Strikes Defendants for Parole
Some two and three strikers may be eligible for parole, thanks to California’s Proposition 57. Proposition 57 states that any individual convicted of anon-violent felony qualifies for parole, provided they have completed their primary sentence.
Here, the primary sentence means the sentence imposed for the particular offense the defendant committed. It does not include the sentencing enhancements imposed due to strikes. This means that as long as a second or third striker was convicted of a non-violent felony and has completed their primary sentence, they can apply for parole.
What is the California One Strike Law?
The California One Strike Law extends the prison sentences for individuals convicted of certain sex offenses. This law is commonly referred to as “the one-strike law” because it imposes an extended sentence from the first conviction.
Some examples of sex offenses that can be counted as strikes under this law include the following:
Rape
Lascivious or lewd acts
Oral copulation
Sodomy
Continuous sexual abuse of a minor
Note that the strike is not automatically imposed for convictions of these offenses. You can only get a strike if there are certain aggravating factors in your case, such as the following:
You have been previously convicted of any of these sexual offenses
You gave the victim a controlled substance before committing the offense
You injured the victim
You kidnapped the victim
You bound or tied the victim
You used a dangerous weapon to commit the offense
A one-strike can result in an extended sentence of 15-25 years. In some cases, the judge may impose a life sentence.
How to Defend Yourself in a Three-Strikes Case
Defending yourself in a three-strikes case can be complex and challenging, given the severe consequences associated with multiple convictions. If you or someone you know is facing a three-strikes lawsuit in California, here are some general strategies that may be considered:
Challenging prior strikes — Investigate the validity of previous strikes. If there are errors in the record or the prior convictions can be successfully challenged or overturned, it may impact the application of the three strikes law.
Negotiating a plea deal — Depending on the circumstances of the case, it may be possible to negotiate a plea deal with the prosecution. This could involve seeking reduced charges or alternative sentencing options.
Challenging the current charges — Scrutinize the details of the current charges. A skilled attorney may be able to challenge the evidence against you, question the legality of searches or arrests, or identify other weaknesses in the prosecution’s case.
Romero motion — Consider filing a Romero motion. As we have earlier stated, this motion requests the court to dismiss one or more prior strikes in the interests of justice. The success of a Romero motion depends on various factors, including the nature of the prior convictions and the current offense.
Defending against three strikes charges requires a comprehensive understanding of criminal law and the specific circumstances surrounding your case. Consultation with an experienced criminal defense attorney is highly recommended to develop a defense strategy tailored to your situation.
How Do I Appeal a Three-Strike Sentence?
You can appeal a three-strike sentence with the help of an experienced criminal defense attorney.
Proposition 36, also known as the Three Strikes Reform Act of 2012, brought significant changes to California’s Three Strikes Law. Initially, you could be made a third striker even if the third conviction was for a non-violent or non-serious felony. Californians could be jailed for 25 years or even for life after a simple theft or drug crime conviction.
One of the key provisions of Proposition 36 is the opportunity for resentencing for certain three-strikes convicts, specifically those whose third-strike convictions were for non-violent and non-serious offenses.
This means that if you meet the eligibility criteria, you can file a petition for resentencing. Then, the court will review the petition and assess whether resentencing is appropriate.
If the court grants the petition, the inmate will be resentenced. The new sentence will typically reflect the second-strike penalty for the current offense rather than the 25-year or life sentence mandated by the California Three Strikes Law. In most cases, such appeals result in the inmate being released early – or immediately.
You can also appeal a three-strike sentence on the basis that it is unusual or cruel punishment and, therefore, unconstitutional. This is especially true if the 25-year to life sentence imposed is disproportionate to the actual crime committed.
Need a Criminal Defense Attorney? Contact Us Right Away for Professional Legal Help
Navigating a three-strikes case demands a nuanced understanding of both the legal framework and the specific details of individual cases. If you or a loved one is grappling with the complexities of a three-strikes conviction or exploring the possibilities of Proposition 36 resentencing, our experienced team is here to offer guidance and support.
Do not face the challenges of a three-strikes case alone. Contact us at Manshoory Law Group for a free, confidential consultation. Together, we will discuss the details of your situation and explore the potential avenues for relief available to you. Call us at (877) 590-7054.
Felony probation, or formal probation, is a desirable alternative to prison for many people. It gives you the chance to effectively remain free, rather than going behind bars, but it comes with a range of terms and rules that need to be followed. This guide will examine exactly how felony probation works in the state of California.
What Is Felony Probation?
Probation is a sentence that can be handed out to a convicted criminal as an alternative to, or as well as, jail time. During the probation period, the criminal can live outside of jail in their regular community. They must follow certain terms of their probation and report in with a probation officer on a regular basis.
When we talk about “felony probation,” this specifically refers to probation for felony crimes. Felony crimes are those which are considered more serious and severe than misdemeanors. Not every crime can qualify a criminal for formal probation, but there are many cases in which a judge or court may offer probation as an option.
What Crimes Usually Get Probation?
One of the most common questions about probation is “What crimes usually get probation?” Well, individuals may be placed on probation for the likes of domestic violence offenses, theft, DUI, assault, certain sex offenses, burglary, and possession of firearms. Crimes like armed robbery, murder, treason, and various drug and gun-related crimes are usually not eligible.
Eligibility for Felony Probation in California
Eligibility for felony probation in California will depend on a very wide range of factors, including:
The type of felony offense committed
The severity of the offense
Whether you were armed during the offense
Damage or harm done to victims.
Any history of a criminal record before the offense
Your general attitude and behavior up to the point of sentencing
The potential effect of imprisonment on you
You will automatically be ineligible if you have a prior conviction for a violent or serious felony or if you have committed a serious or violent felony while on probation. You will also be unlikely to be eligible if your crime involved great bodily injury to a victim, if you used a deadly weapon, or if you killed someone.
The judge will ultimately be the one to make the call on whether or not probation should be made available. They’ll need to order a probation report from the relevant county department and then review that to decide on what sentence to hand out. At this stage, a Los Angeles criminal defense can make a case on your behalf and argue for probation.
How Courts Assign Formal Probation
If a judge decides to offer felony probation in California, they’ll announce their sentencing and outline all of the relevant terms and conditions of the probation period. Various common conditions of probation may be included, and the accused individual will need to be assigned a probation officer to supervise and meet with them during the probation.
Conditions and Felony Probation Rules
When it comes to conditions of your probation, many convicts have questions like “Can you leave the state on probation?” and “What am I allowed to do while on probation?”
All of the terms of your probation should be detailed to you at the time of sentencing. Whether it’s a felony or misdemeanor probation, you will be told what is expected of you, as well as the risks and penalties that may apply for violating your probation.
Mandatory Conditions:
Regular meetings with a probation officer.
Possibility of community service
Payment of fines
Supervision
Agreement to submit to police searches
Special Conditions:
Payment of restitution
Submission to drug testing
Abstaining from alcohol
Treatment programs
Counseling
Therapy
Length Of Felony Probation in California
Felony probation is usually imposed for a period of 60 months (five years), but may vary depending on the circumstances of the case and behavior of the defendant. It’s possible for probation to end earlier if all relevant conditions are met and no violations are reported.
Consequences of Felony Probation Violation
There are several possible consequences if you violate your probation terms, including:
A warning and a second chance.
Modification of the terms and conditions to make them harsher.
Revoking the probation and putting you in jail with a maximum sentence.
Black Friday should be a day for enjoying some shopping and getting cheap deals, but Black Friday crime is actually very common, and it can have a negative impact on the event. In some cases, you might even experience Black Friday violence as the excitement of the day bubbles over and becomes an issue. Disagreements can easily turn into crazy Black Friday fights and this means that people need to take some precautions and avoid things turning into a nightmare.
If you have been the victim of Black Friday violence then you might get hurt, and that might mean a legal proceeding to follow. Even if you find the best criminal lawyers in Los Angeles, the process is something you would probably rather avoid.
Common Types of Black Friday Crimes
There are some incredible statistics about Black Friday crimes, including how many people died on Black Friday as things get out of hand in some places. What sort of crimes do we commonly see?
Negligence
When you go to the store, it is their responsibility to give you a safe space to shop within. Black Friday crime comes in a lot of different forms and one of them is negligence on the part of stores. If they have not stacked things properly and something falls on you, or if they have left a slippery or hazardous surface and you fall there is every chance that you might have a legal case against them.
Black Friday Violence
You might have seen some crazy Black Friday fights on social media as people reach for the last of the discounted items or jump the line for a store. If people are aggressive, loud, and angry then there could be a cause for disturbing the peace, but if things get physical then you will need a violent crimes lawyer to fight your case. There is no reason why you should get hurt when Black Friday shopping.
This is a common cause of Black Friday arrests, so be sure to be careful when you go to the store.
Traffic and Driving Violations
If there is a parking lot on Black Friday, things can get crazy, and accidents are not uncommon as people scramble to get to the store or ride home with their goods.
What Should You Do When Witnessing a Crime?
If you are not involved, but you witness a crime on Black Friday, there are a few things you can do to try and help:
Call the police or get security. Don’t try and get involved yourself, this will not end well, and there is no reason for you to be involved. Instead, get a professional to come and deal with the confrontation. It’s especially urgent if medical attention is needed.
Don’t panic. This is hard advice to follow for some people, but it is utterly essential. Keep your cool and try not to make matters worse by panicking, as you are more likely to make bad decisions if you are not in the right frame of mind.
Try to remember faces and keep a clear account of what happened. You might be asked to provide a statement so having a recollection of what happened is pretty essential.
Keep yourself safe. If someone has been hurt, don’t risk the same happening to you. If there is a big confrontation then there is no reason why you need to be involved and if you are with your family, ensure that you get them out of the way of any potential harm.
How Many People Died on Black Friday
It is a shocking statistic. There are 12 recorded deaths from Black Friday crimes and related incidents in the US since the shopping event became mainstream, and there are also over 100 injuries recorded. If you are injured, a lawyer is essential to ensure that you get what you are entitled to and that you don’t have to pay for your own treatments unfairly.
For most of us, it is hard to imagine Black Friday causing people to get violent enough to actually put someone at any sort of harm, but it happens. People can get enraged, and it doesn’t take too much for a “mob mentality” to kick in.
Every year, statistics show that well over a million Americans are arrested and charged with a DUI (driving under the influence). Penalties for being charged with a DUI can vary from state to state and tend to be less severe if it’s your first offense. However, even for first-time offenders, the punishments can be serious and may remain on your permanent record forever.
This guide will look at what happens when you get a first offense DUI in California.
What Is a First Offense DUI?
Before looking in-depth at California DUI penalties or answering questions like “How likely is jail time for first DUI?” it’s important to have a clear understanding of what is meant by the phrase “first offense DUI”.
We can break this phrase down into two key components: first offense and DUI.
The “first offense” simply means that it’s your first time being caught and charged with a DUI. If you have any previous DUI convictions on your record, then any future DUI you get will not count as a first DUI offense.
The “DUI” part, of course, refers to the act of driving while under the influence of some sort of substance. Usually, it’s alcohol, but you can also be charged with a first DUI and face possible jail time and license suspension if you drive after using cannabis or other drugs, too.
From a legal perspective, a DUI involves the following factors:
The defendant’s driving was impaired by their consumption of drugs or alcohol.
OR, the defendant had higher than .08 blood alcohol content while driving.
OR, the defendant had higher than .08 blood alcohol within two hours of being behind the wheel.
OR, the defendant’s blood contained a certain amount of drugs or other substances above the legal limit for driving high.
California DUI Penalties
A first DUI offense in California is typically classed as a misdemeanor, which means it’s not quite as serious as a felony. However, there are still some relatively severe potential penalties that defendants may incur for DUIs in California:
Criminal Penalties
Fines and fees: $390 to $1,000 in fines.
Probation: A possibility of three to five years of probation.
Jail time or alternative sentencing: A jail sentence of up to six months.
Administrative Penalties
Driver’s license suspension: Up to six months of license suspension for the first DUI.
Increase in insurance premiums: Those with California DUI penalties on their record can also expect to pay more for car insurance in the future.
SR-22 filing requirement: Defendants may have to file an SR-22 insurance document when taking out insurance.
Mandatory Alcohol Education Programs
Overview of DUI school: Those charged with DUIs in California may also need to attend DUI school. This is where you may have to undergo various courses to learn about the risks of reckless driving. This education is designed to minimize the risks of a future DUI arrest.
Duration and completion requirements: Typically, a first California DUI will lead to a period of three to nine months of DUI school.
Factors That Affect the Penalties for a First Offense DUI
A range of factors may impact the severity of the penalties you receive after a first DUI, including:
BAC level at the time of arrest: Typically, the arresting officers will carry out a chemical test of some kind to determine a driver’s BAC level. In California, anything over 0.8% will result in a DUI charge, but if your level is significantly higher, the penalties may be more severe as the risk of serious accidents and injuries is greater.
Presence of minors in the vehicle: Driving with children in the car will almost always lead to a more significant sentence. Drivers are responsible for the well-being and safety of any minors in their cars. Driving under the influencewith a child can even lead to a felony DUI, rather than a misdemeanor.
Prior criminal record: Those who have past convictions on their criminal records are also more likely to receive a more severe sentence. This is especially relevant for those with a history of dangerous or reckless driving, as well as endangerment of others or auto-related convictions.
Aggravating circumstances: The circumstances surrounding the DUI will also be taken into account. If your driving resulted in accidents, injuries, or damage to property, for example, that can all lead to a harsher sentence with bigger fines and more jail time, or longer license suspension and time in a treatment program.
How Likely Is Jail Time for First DUI
In general, it’s likely that most first offenders won’t have to worry about jail time, but it all depends on the circumstances of the case. If the blood alcohol level was particularly high, minors were in the car, or damage was done, the risk of jail time would be higher.
Potential Alternatives to Jail Time
Often, a judge may propose possible alternatives for defendants to agree to instead of time behind bars, such as:
Work release programs: These programs still involve some time in jail but allow defendants to go out in order to work at their place of employment during the day.
Community service: A judge may also offer a defendant to do some community service rather than going to jail. This can include various duties to support the local community.
House arrest or electronic monitoring: In some cases, defendants may also be placed on house arrest and ordered to remain at home for a set period.
Long-Term Consequences After the First Offense
There are also long-term consequences associated with DUI charges, including:
Criminal record implications: A DUI will remain on your permanent record unless it is expunged with the aid of a Los Angeles DUI lawyer.
Professional and personal repercussions: Depending on the type of work you do, it’s possible that you could lose your job and/or find it hard to find future employment.
Subsequent DUI penalties for repeat offenders: If you get charged with a DUI a second or third time, the penalties will be worse, even with the aid of a defense attorney.
Legal Process and Defense Options for First DUI Offense
A defense attorney can help those charged with DUIs to defend themselves. Some of the common arguments or defenses they might use include:
Improper stop or arrest: The lawyer might argue that the stop was improper or unlawful in the first place.
Inaccurate BAC testing: They may also argue that the alcohol tests that took place were unreliable.
Miranda rights violation: Lawyers can also argue that an individual’s Miranda rights had been violated at the time of the stop.
Rising Blood Alcohol: An attorney can also defend their clients in relation to their blood alcohol results, arguing that their BAC had risen after they finished driving.
Poorly Administered Field Sobriety Test: They may also argue that any field tests were inaccurate or unreliable, producing results that cannot be trusted.
Role of Los Angeles DUI Lawyer in Cases of First DUI
An LA DUI lawyer can help a person charged with a DUI to understand their situation and prepare an appropriate and effective defense to minimize the risks of serious penalties.
Can My DUI Charges Be Reduced?
Yes, with the aid of a good lawyer, it’s certainly possible to avoid severe sentencing after a first DUI charge.
Being charged with a DUI can be scary, and the penalties may be severe. But, with legal aid, it’s perfectly possible for defendants to escape the harshest charges. So, if you find yourself facing DUI trouble, contact us at the earliest opportunity.
Understanding the distinctions between various offenses is paramount, particularly when it comes to crimes as serious as rape and statutory rape. While both involve non-consensual sexual acts, they differ significantly in their legal definitions, consequences, and the underlying circumstances that lead to criminal charges.
The primary focus of this article is to highlight the difference between statutory rape and rape. Get in touch with us at Manshoory Law Group if you have been charged with any of these offenses. We will help you build a solid defense strategy. Call us at (877) 977-7750 for a free consultation.
What is Statutory Rape?
In California, statutory rape refers to consensual sexual activity between an adult and a minor who cannot legally consent to sexual intercourse. The age of consent in the state is 18 years. Therefore, engaging in sexual intercourse with someone under 18, even if the minor willingly participates, is considered statutory rape.
California Penal Code Section 261.5 outlines the specifics of statutory rape. According to this statute, unlawful sexual intercourse occurs when an adult (age 18 or older) engages in consensual sexual activity with a minor (under 18). The law acknowledges that the child may willingly participate, but the rationale is that the minor lacks the legal capacity to provide valid consent.
Note that there are no “Romeo and Juliet” laws in California. Sexual activity with a minor is always illegal, even if you are close in age.
The Penalties for Statutory Rape
Statutory rape can be charged as either a misdemeanor or a felony. You will most likely be charged with statutory rape as a misdemeanor if the age difference between you and the victim is not more than three years. As a misdemeanor, statutory rape attracts a jail sentence of up to one year.
On the other hand, if the age difference between the adult and the minor is greater than three years or if the minor is under 16, statutory rape is typically charged as a felony. Felony statutory rape convictions can lead to more severe penalties, including a state prison sentence of up to four years.
What is Rape?
California Penal Code 261 defines rape as the act of engaging in sexual intercourse with another person under any of the following circumstances:
Lack of consent — The sexual intercourse was committed against the other person’s will or under conditions in which the perpetrator knew or reasonably should have known that the other person was incapable of giving legal consent.
Force or fear — The act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
Incapacitation — The victim was prevented from resisting due to intoxication, unconsciousness, or any other condition rendering them incapable of giving legal consent.
Consent is a crucial element in California’s legal definition of rape. If a person does not willingly and voluntarily agree to engage in sexual intercourse, it may be considered rape under the law. Moreover, using force, fear, or taking advantage of the victim’s incapacitation is treated seriously and may lead to rape charges.
The Penalties for Rape
In California, rape is categorized as a felony. The punishment for rape typically includes a state prison sentence of three, six, or eight years and mandatory registration as a sex offender for life.
However, if the victim was a minor under 14, you may receive a state prison sentence of up to 13 years. Moreover, the judge will lengthen your imprisonment term to up to 11 years if the victim was between 14-17 years old. You may also receive an additional three- or five-year prison term if the victim suffered great bodily injury due to your actions.
A rape conviction is also considered a strike under California’s Three Strikes Law. If you get convicted of another serious felony later, your penalty will be automatically doubled. Then, if you pick up a third conviction of another serious felony, you may get up to life in prison.
Difference Between Rape and Statutory rape
Statutory rape and rape, both encompassing non-consensual sexual activity, differ significantly in their legal definitions, the role of consent, the age of involved individuals, and the corresponding penalties. Below, we discuss the difference between rape and statutory rape:
Legal Definition
Statutory rape pertains to engaging in sexual intercourse with a minor below the legal age of consent, regardless of the minor’s willingness. The focus here is on the age of the individuals rather than the use of force or coercion.
Conversely, rape involves engaging in sexual intercourse without the other person’s explicit consent. This is normally achieved through force, violence, or coercion.
Consent
Consent holds no legal standing in statutory rape cases. Even if the minor willingly participates, the law deems it non-consensual due to the minor’s inability to provide valid consent. In contrast, the presence or absence of consent is central in distinguishing consensual acts from rape.
Age of the Individuals
Statutory rape centers around the age difference between the parties, focusing on whether one person is below the legal age of consent. In contrast, the age of the individuals is not determinative in rape cases, where the primary consideration is the issue of consent and the potential use of force or coercion.
Penalties
Statutory rape is categorized as a wobbler, meaning it can be charged as either a misdemeanor or a felony. The severity of the penalties varies based on the circumstances of the case.
In contrast, rape is classified as a felony with more severe consequences. Penalties for rape may include imprisonment in state prison for up to eight years, mandatory sex offender registration for life, and other potential legal ramifications.
Legal Defense Strategies for Statutory Rape and Rape Charges
Defending against statutory rape and rape charges requires a comprehensive legal strategy, as these are serious and complex criminal offenses. The specific approach will depend on the unique circumstances of the case, but here are some common defense strategies:
Consent — In rape cases, consent is a central issue. If you can establish that the sexual activity was consensual and that the other party willingly participated, it can be a crucial defense. Gather evidence that supports the presence of genuine consent, such as communication records or witness statements. However, consent is not a valid defense in statutory rape cases.
Age of consent — In statutory rape cases, proving the alleged victim was 18 years or above can be a strong defense.
Alibi — If you prove that you were not present at the location or time the alleged offense occurred, this can be a strong alibi defense.
Insufficient evidence — Your attorney can challenge the prosecution’s evidence by highlighting inconsistencies, unreliable witnesses, or lack of physical evidence.
Illegal search and seizure — Evidence obtained through an unlawful search or seizure may be inadmissible in court. Challenging the legality of the evidence can be a viable defense strategy.
Sometimes, negotiating a plea bargain may be in your best interest, such as a lesser offense or less severe penalties. This can be a strategic way to minimize the potential consequences.
The best way to build a solid defense is to consult a qualified criminal defense attorney specializing in sexual assault cases. An experienced attorney will assess the specific facts of your case, craft a strong defense, and represent your interests in court.
Need an Experienced Criminal Defense Attorney? Contact Us Today for a Free Consultation
At Manshoory Law Group, we specialize in criminal defense. We can provide expert guidance for individuals facing California statutory rape and rape charges. Our experienced attorneys are committed to safeguarding your rights, constructing a compelling defense, and pursuing the best possible outcome for your case.
Contact us today for a free, confidential consultation, and let us stand by your side as you navigate the legal complexities ahead. Call us at (877) 977-7750.
A lot of people aren’t sure about the specific meanings of certain legal or criminal terms, especially those that sometimes seem to be used interchangeably, like larceny vs theft. However, when it comes to theft vs larceny, there is a clear distinction. So, if you’re wondering about what is larceny and theft, this guide will cover all you need to know.
What is Larceny?
Let’s start off our larceny vs theft guide with a closer look at larceny. Larceny is the term given when someone takes the property of another person or entity unlawfully. In general, larceny is simply a type of theft, with specific elements that must be met for it to qualify as “Larceny”. Here are the main elements to watch out for:
Taking and carrying away – In terms of larceny vs theft, larceny usually involves someone physically taking an item or piece of property from another person or group.
Personal property of another – The term “Larceny” is usually used in situations where a physical piece of property is taken, rather than something digital or immaterial.
Without consent – For a crime to count as larceny, the property needs to have been stolen without the consent or permission of the owner.
With the intent to permanently deprive the owner – The ultimate aim of larceny is to take something away from an owner on a permanent basis.
Common examples of larceny may include someone shoplifting food from a store, pickpocketing a wallet from a person in the street, or stealing a bicycle that was left outside a home.
What Is Theft?
To understand what is larceny or theft, we also need to know how theft is defined. Theft is a very broad and general term for all sorts of stealing, which can include the stealing of physical items, as well as identity theft, grand theft auto, theft of a business’s intellectual property, and so on.
Just like larceny, theft has several key elements:
Unlawful taking – Theft must involve the unlawful stealing or taking of something from another person or entity, like a group or business.
Personal property, services, etc. – While larceny is primarily concerned with physical items, theft can also include stealing services, identities, and so on.
Without the owner’s consent – Like larceny, theft only concerns situations where something was taken without consent from the owner.
With the intent to permanently deprive the owner – Again, like larceny, theft must always be with the ultimate intent of taking something from the owner permanently.
Some common examples of theft may include the burglary of a home, a robbery of a business, or embezzlement of funds.
Larceny vs. Theft: What is the Difference
When we look at the overall definitions and elements of theft vs larceny, there are lots of similarities. However, every criminal defense attorney understands the difference, and it’s important to know what separates larceny from other forms of theft:
In general, larceny is legally defined in most locations as a form of theft. Theft is a broader term that encompasses different types of stealing, while larceny is concerned with the stealing of physical property from its owner.
There are also jurisdictional differences between larceny and theft. Some jurisdictions may treat larceny and theft the same way, but others may have slightly different definitions and interpretations, which could lead to different punishments.
Following on from the previous point, larceny may have different punishments compared to various other forms of theft. In general, given that theft is a broader term, it can lead to a much wider range of punishments and sentences.
Given the similarities between theft and larceny, it’s common for confusion to occur when dealing with these kinds of cases. For example, an accused individual may want to understand their employee rights when accused of theft and how those rights differ in cases of larceny. This is why it’s vital for defendants to have access to legal aid.
How Does California Define Larceny and Theft?
In general, the state of California uses the terms theft and larceny interchangeably. Crimes that involve stealing property from others can be categorized as either theft or larceny, and this can cause confusion. A Los Angeles Theft Crimes Lawyer can help defendants understand the details of their case when facing larceny charges regarding stolen items or the theft of property.
As we can see, understanding the intricacies between a theft charge or larceny criminal charges isn’t always easy. There’s a lot of confusion, especially as states can have different definitions and approaches to larceny and theft. If you’ve been charged with either crime, a criminal defense attorney can help. Contact us for a free consultation.
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