Even some of the most accomplished legal minds struggled to fully understand Prop 47 when it came into effect in late 2014. At Chambers Law Firm we are very familiar with what it does and what it doesn’t do. Today we’ll discuss five theft-related crimes and how they’re affected by Prop 47.
- Shoplifting
- Forgery
- Passing bad checks
- heft of property
- Receiving stolen property
Before Prop 47, there was no crime called “shoplifting.” Instead, prosecutors would charge alleged shoplifters with the felony charge of commercial burglary. This was a dishonest tactic used to coerce defendants into pleading guilty whether they did it or not. With Prop 47, that tactic is no longer available because there is a new law against shoplifting. It must be filed as a misdemeanor and the maximum punishment available is six months in jail – though there are a few exceptions, including if the value of the property is more than $950.
Since the implementation of Prop 47, forgeries involving checks, money orders, bonds, notes, or cashier’s check for less than $950 must be filed as misdemeanors with a maximum punishment of a year in county jail. There are a few exceptions, but generally speaking minor forgery is no longer charged as a felony.
Much like the forgery change, Prop 47 also makes it the law that if someone passes a bad check and the value of that check isn’t more than $950, it is punishable as a misdemeanor.
You’ll notice that $950 is a popular monetary amount, and it applies to theft of property too. According to the newest laws, theft of property with a value of $950 or less is only punishable as one thing: misdemeanor petty theft.
Once again, the new laws covered in Prop 47 mean that if a person is charged with stolen property and the property in question doesn’t exceed $950 then they will be charged with a misdemeanor and not a felony.
Prop 47 doesn’t affect everyone
We noted that there are exceptions to Prop 47. People who aren’t eligible or these new rules include:
- People previously convicted of serious or violent felonies;
- People previously convicted of certain sex offenses
- People who’ve been charged with certain drug crimes
Do you meet the requirements to benefit from Prop 47?
Have you been charged with a theft-related crime? If so, your next call should be to Chambers Law Firm at 714-760-4088. We have decades of experience helping clients just like you. We are always up to date on the latest laws and will can provide unique options for your defense. You have found a qualified Prop 47 attorney who will fight for your rights. You are entitled to a free consultation. Call the attorney who will fight for you and will give you full confidence in his ability to provide the experienced legal counsel you need.
