The bill would give prosecutors flexibility in charging certain types of thefts.
California voters strongly supported Proposition 47, which reduced drug possession and some other crimes (including some theft crimes) to misdemeanor offenses. On the whole, Prop 47 has had a positive impact on the state, and has resulted in increased fairness in the criminal justice system.
However, there has been an unintended consequence of Prop 47. According to a Riverside criminal defense attorney, the law now requires a theft to be of goods valued at $950 or more in order to be charged as a felony. The issue for many retail stores is that some organized crime rings, or even groups of people who are not officially organized into a gang or other affiliation, have used this to change they way that they steal from stores. Instead of stealing large amounts from a store at one time, people may steal from multiple stores, or from the same stores several times a day. In this way, they can escape the harsher punishment that comes with a felony conviction if they are caught — but can still benefit from being able to use or sell goods of a higher value.
In 2017, Assemblyman Jim Cooper of Elk Grove proposed a solution. He requested that voters approve a change to Prop 47, which would make it a felony to steal $950 in a year. This idea was put aside in February 2018 after much debate. A separate bill, put forth by Assemblyman Reggie Jones-Sawyer of Los Angeles, is now attempting to solve the issue. His legislation would make it a crime to work in concert with others to steal goods or buy stolen goods with the intent to exchange, return or sell the merchandise. This crime, which would be known as organized retail theft, would be considered a “wobbler” offense. Prosecutors could charge it as either a misdemeanor or felony, depending on the facts of the case and the criminal history of the accused.
According to Jones-Sawyer, this legislation would give prosecutors the ability to use discretion to penalize organized crime rings while allowing compassion for those who are committing relatively minor crimes that may be due to mental health or drug abuse issues. The proposal has the support of the California Retailers Association, several police and sheriffs associations, and at least six district attorneys.
Of course, this proposal would not simply be addressing the loophole created by Prop 47: it would be creating an entirely new crime. As a Riverside criminal defense attorney can explain, adding a new crime to the books can also have unintended consequences. While the goal of the legislation may be to give prosecutors the ability to charge defendants with a misdemeanor when they believe the facts warrant it, it also allows prosecutors to charge defendants with a felony — even if they did not steal $950 worth of merchandise.
Retail theft charges can be difficult to defend against, particularly if there are surveillance videos in the store capturing the alleged crime. Having a top notch Riverside criminal defense attorney is critical in these cases. The Chambers Law Firm is experienced in handling all types of theft charges, and will stand by your side throughout the process. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
