Archives : petty theft
Lindsay Lohan Charged With Felony Grand Theft
Under California Penal Code Section 487, grand theft is defined as “the unlawful taking of another’s property” valued above $950. Property valued under $950.00 is considered a petty theft under Penal Code 484. California grand theft can be carried out by larceny (taking of another’s property) which occurs most often in shoplifting cases, embezzlement (unlawful taking of something entrusted to you), which occurs most often in an employment situation, tricking or deceiving someone to turn over their property without ownership rights or making false representations to defraud someone out of either the possession of their property or their ownership of the property. A California grand conviction theft carries up to three years in a California state prison. A petty theft conviction carries a fine up to $1,000 or up to six month’s jail time in a county jail or both.
Case Example:
Actress Lindsay Lohan was charged with felony grand theft on Wednesday February 9, 2011 for allegedly stealing a $2,500 necklace from a Venice jewelry store on January 22, 2011. Surveillance video at the jewelry store showed her wearing the necklace while at the store, and photos taken a week later show her wearing a similar necklace. The necklace was returned to a police station before investigators arrived to search her home in Venice, CA. If found guilty, should could face up to three years in state prison and in violation of her current probation terms. She was recently released from three months of mandatory rehab treatment because she had failed a drug test while on probation for her 2007 drug and alcohol DUI conviction.
Lohan plead not guilty to felony grand theft charges through her attorney Shawn Chapman Holley. Lohan claims the necklace was on loan to her. Judge Schwartz set bail at $40,000. He told Lohan that it appeared she had violated her 2007 DUI probation, and warned her that if she violated the law while out on bail, he would have her arrested and held. Judge Schwartz also ordered Lohan not to have any contact with the jewelry store that reported the missing necklace after someone had sent flowers to the store on behalf of Lohan. On March 10, 2011, Lohan turned down a plea agreement offered by Los Angeles prosecutors that would have meant a guaranteed jail sentence. She will return to court in April 2011 for a preliminary hearing.
If you have been arrested for a felony grand theft/shop lifting or petty theft in California, you should hire a California criminal defense attorney. A conviction is generally based upon the store’s video camera evidence. The attorney may be able to get the charges reduced to a misdemeanor petty theft, trespass, an infraction or get the case dismissed for lack of evidence or witnesses, or get you probation or community service.
Property Crimes: Even Petty Crimes Can Lead to a Lifetime of Regret
By: Tony Partipilo, Attorney at Law and Helen Kim
Petty theft
“Theft” is committed by stealing anything of value. The value of the property relates to the classification of the crime and the nature and extent of the penalty that will be imposed upon conviction. People v. Kelly, 214 N.E.2d 290 (1st Dist. 1965). There are two categories of theft, which is also called larceny: grand larceny and petit, or petty larceny. States are entitled to set their own guidelines to distinguish between grand and petty larceny. In most jurisdictions, grand larceny is considered a felony while petty larceny is categorized as a misdemeanor. However, under most theft statutes, the value of the property determines the punishment. The Model Penal Code at 223(2) comments:
(a) Theft constitutes a felony of the third degree if the amount involved exceeds $500, or if the property stolen is a firearm, automobile, airplane, motorcycle, motor boat, or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property. (b) Theft not within the preceding paragraph constitutes a misdemeanor, except that if the property was not taken from the person or by threat, or in breach of a fiduciary obligation, and the actor proves by a preponderance of the evidence that the amount involved was less than $50, the offense constitutes a petty misdemeanor.
No matter how small the value of the property, a conviction of even the most minor larceny may leave a permanent imprint on an individuals criminal record. This record cannot only affect a person if they are convicted of another offense, but also in non-criminal, daily life situations, such as job hunting and housing.
Employment and Criminal History
Although an employer may not discriminate against an individual based on criminal history, statutes have allowed employers to inquire about an applicants criminal history. In Shapira v. Charles Schwab & Co., Inc., the Court found that the defendant employer was obligated by the Securities Exchange Act (SEA) to keep and maintain current records of any arrests for larceny of any person in its employ, and it was permitted by the SEA to inquire about such arrests concerning prospective employees. Therefore, the Court held that the defendant employer did not violate the New York Human Rights Laws by inquiring into an allegedly sealed arrest record of the plaintiff, who had applied for employment with the defendant. 225 F.Supp.2d 414 (S.D.N.Y. 2002). Although the plaintiff was mistakenly arrested for petty larceny and there was no indication that the plaintiffs arrest was a genuine factor in the employers decision not to hire him, Shapira confirms that employers are allowed to inquire, and in some instances, obligated to inquire, about an applicants criminal history.
Although employers may inquire into an individuals criminal past, they cannot discriminate on the basis of the applicants criminal past. In Adler v Montefiore Hosp. Assn of Western Pennsylvania, the Pennsylvania Supreme Court stated that the right to engage in common occupations as part of the liberty protected by the Fourteenth Amendment to the United States Constitution may not be interfered with, under the guise of protecting the public interest, by legislative action that is arbitrary or without reasonable relation to some purpose within the competency of the state to effect. 311 A.2d 634 (Pa. 1973). Unless a state has a reasonable purpose, it cannot interfere with an individuals right to employment. In Nixon v Commonwealth, the Pennsylvania court commented that to forever foreclose a permissible means of gainful employment because of an improvident act in the distant past completely loses sight of any concept of forgiveness for prior errant behavior and adds yet another stumbling block along the difficult road of rehabilitation. 789 A.2d 376, 381 (Pa. 2001). However, unfavorable biases are likely to arise once employers learn of an applicants criminal record, even if the record consists of petty theft, subjecting the applicant to stricter review.
Finding Housing When You Have a Criminal Record
Title 24 of the Code of Federal Regulations at 960.204 requires public housing authorities to establish and adopt policies to preclude admission of applicants who may be expected to have a detrimental effect on the residents of the housing project environment. Such review includes the applicants past criminal activity.
When selecting tenants, 24 CFR 960.205(b)(3) allows housing authorities to consider “[a] history of criminal activity involving crimes of physical violence to persons or property and other criminal acts which would adversely affect the health, safety or welfare of other tenants.”
Public housing policy is aimed at safeguarding other tenants from possible criminal acts against them, yet such practice creates difficulty for an individual with a criminal record, even a misdemeanor, to obtain (public) housing.
Prior Records Counted in Sentencing
In federal criminal law, prior sentences, including misdemeanors where incarceration is not imposed, are counted in an individuals criminal history score. The criminal history score affects the sentencing of repeat offenders when they are convicted of a new crime. Pursuant to the United States Sentencing Guidelines 4A1.1(a) (c), sentences for misdemeanors and petty offenses are included when calculating the criminal history category for sentencing.
The United States Sentencing Guidelines 4A1.2 (c)(1) provides exceptions where misdemeanors and petty offenses are not factored in the calculation of ones criminal history: careless or reckless driving, gambling, prostitution, and trespassing are a few of the listed exceptions. Hitchhiking, juvenile status offenses and truancy, loitering, minor traffic infractions, public intoxication, and vagrancy are never included when calculating ones criminal history score. In United States v. Harris, the defendant argued that her prior shoplifting conviction should not have been factored into calculate her criminal history score because shoplifting is a petty offense that is similar to the exceptions in 4A1.2 (c)(1). 325 F.3d 865 (7th Cir. 2003). However, the Court joined the majority of jurisdictions and stated that convictions for petty theft or shoplifting are not similar to the offenses listed in 4A1.2 (c)(1) because petty larceny requires a trespass and a taking of anothers property. Hence, the Court affirmed the sentence in which defendants prior conviction of shoplifting was calculated into her criminal history score. Id.
Conclusion
A conviction for petty theft can have major repercussions than perceived at first blush. The misdemeanor is permanently recorded on an individuals criminal history and can follow the individual for the rest of his life. Not only will the conviction impact upon the individual if he is ever arrested and convicted for a subsequent crime, but it can affect the individual on a more basic level when he attempts to seek employment or housing. Employers and housing authorities cannot discriminate on the basis of ones criminal history but they are allowed to inquire and have access to those records. In a highly competitive job market, one misdemeanor conviction can mean the difference between a career and a job, between having a home and living on the streets.
