If you are facing charges of petty theft with a prior, then you likely have a lot of questions. The best way to get the answers to those questions is to contact Chambers Law Firm at 714-760-4088 and request a free legal consultation. We can go over your case and offer our advice based on the specifics of the case.
The Definition of Petty Theft with a Prior in California
In California, petty theft with a prior allows for a person convicted of petty theft to have a sentencing enhancement if they have a prior conviction for a theft crime, they served time in jail or prison due to that conviction, and they have a prior conviction for a violent offense or certain specific types of sex crime.
These Are Sentencing Factors
Note when we talk about petty theft with a prior, the prosecutor does not have to prove them to convict the defendant of the petty theft charges they are facing. This only applies to a sentencing enhancement – not to an actual conviction.
Qualifying Prior Convictions of a Theft Crime
For a person to face enhanced sentencing consequences under this statute, the defendant must have been convicted of one of several theft crimes in the past, including petty theft, robbery, grand theft, carjacking, grand theft, burglary, or felony receiving stolen property.
Qualifying Violent Offenses or Sex Crimes
In addition to having been convicted of a prior theft crime, the defendant must also have had a prior conviction of a violent offense or sex crime, including a sex crime that requires them to register as a sex offender, a sexually violent offense that involves force, violence, or threat of bodily injury, sex crimes against children under the age of 14, solicitation to commit murder, murder or attempted murder, gross vehicular manslaughter while intoxicated, possession of a weapon of mass destruction, assault with a machine gun on a policeperson or firefighter, or any other serious/violent felony that can be punished with life in prison.
Defense Options to Sentencing Enhancements from Petty Theft with a Prior
If you are facing charges that might come with this sentencing enhancement, we might work to show that you are innocent of the petty theft, that you do not have any qualifying priors, or that you have been falsely accused. Our goal is always to find the best possible outcome for your case, and our defense strategy will vary based on the facts of your case.
If you are ready for a free legal consultation, we invite you to contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
