In 2014, the California Legislature passed the Reduced Penalties for the Some Crimes Initiative in 2014. The Initiative reduced the sentencing of theft crimes like shoplifting and grand theft, where the value of the property does not exceed $950, from being charged as a felony to a misdemeanor.
While that measure was intended to reduce California’s prison and jail populations, people who have prior theft convictions can still face serious penalties for repeat offenses.
A criminal offense in which stolen property is valued at less than $950 constitutes the misdemeanor offense of petty theft, but crimes in which the property is valued at than $950 or more are considered grand theft offenses. These offenses are classified as “wobblers”—meaning they can be charged as misdemeanors or felonies. A petty theft offense can also become a wobbler when the alleged offender has been previously convicted of certain theft crimes.
Lawyer for Repeat Retail Theft Arrests in San Francisco
If you were arrested for a second or subsequent shoplifting or petty theft offense in Northern California, it would be in your best interest to seek legal representation as soon as possible. [[$firm]] defends clients in throughout the San Francisco Bay Area, Valley, and Coast.
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California Repeat Retail Theft Crimes Information Center
- How do previous convictions impact subsequent shoplifting convictions?
- What impact do prior convictions have on subsequent petty theft offenses?
- Where can I find more information about repeat retail theft in San Francisco?
Repeat Retail Theft Penalties in San Francisco County
California Penal Code § 459.5(a) defines shoplifting as “entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed” $950. Any other entry into a commercial establishment with intent to commit larceny constitutes burglary.
Shoplifting is typically a misdemeanor, but a person with one or more prior convictions for an offense specified in California Penal Code § 667(e)(2)(C) or for an offense requiring registration pursuant to California Penal Code § 290(c) may be punished pursuant to California Penal Code § 1170(h).
California Penal Code § 1170(h) provides that a conviction may be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. California Penal Code § 667(e)(2)(C)
Repeat Petty Theft Penalties in California
Under California Penal Code § 666, any person who is required to register pursuant to California Penal Code § 368(e) relating to theft, embezzlement, forgery, or fraud offenses committed against elders or dependent adults can be sentenced to one year in county jail or state prison if he or she is convicted of petty theft after serving a term of imprisonment in any penal institution or having been imprisoned as a condition of probation for any of the following theft offenses:
- Petty theft;
- Grand theft;
- A conviction pursuant to California penal code § 368(d) or California penal code § 368(e);
- Auto theft;
- Robbery; or
- A felony violation of California penal code § 496.
Repeat Retail Theft Defenses in San Francisco
When a person is arrested for a retail or petty theft offense after having previously completed a diversion program for a prior theft offense, he or she faces increased penalties. A previous crime may be used against an alleged offender, but the criminal charges may be reduced or dismissed by effectively asserting a defense.
Some of the most common defenses against repeat retail or petty theft charges include, but are not limited to:
- Lack of criminal intent (theft unintentionally committed by forgetfulness or mistake);
- Unresolved personal issues;
- Investigative errors;
- False accusations;
- Mistaken identity;
- Alleged offender had consent of property owner; or
- Property in question actually belonged to the alleged offender.
California Repeat Retail Theft Resources
Proposition 47 | California Department of Corrections and Rehabilitation (CDCR) — Visit this section of the CDCR website to learn more about Proposition 47. You can find information about who is eligible to petition the court for resentencing. Pursuant to Assembly Bill (AB) 2765, eligible inmates must file a petition or application to the court that sentenced them by November 4, 2022.
San Francisco, CA Crime Map | SpotCrime — SpotCrime aggregates crime data using information from police departments, news reports, and user-generated content, maps the criminal incidents, plots them on Google Maps and delivers alerts via various platforms. Use this website to view recent theft arrests in San Francisco as well as burglary, robbery, and arrest incidents. You can also submit crime tips and register to receive alerts.
Find a Repeat Retail Theft Defense Attorney in San Francisco, CA
Are you concerned about how a prior conviction might impact your recent shoplifting or petty theft arrest in Northern California? You should decline to speak to authorities until you are able to contact [[$firm]].
Our criminal defense lawyers in San Francisco represent individuals in communities throughout the San Francisco Bay Area, Valley, and Coast. They can provide a complete evaluation of your case when you call [[$phone]] or submit an online contact form to schedule a free, confidential consultation.