Legal Question in Criminal Law in California

Re: Criminal law - felony v misdemeanor

Probably because if the D.A. thinks he can prove that you intended to steal when you first entered the store, then he can convict you of a felony commercial burglary. If you only decided to steal AFTER entering the store, then it's not a burglary and is only a misdemeanor petty theft, at worst.

How to prove your intent? If you brought a Macy's bag WITH you when you entered Macy's, for instance. Or if you were seen acting suspiciously at the moment you entered the store, or if you arrived with a partner and worked together. It depends very much on the individual facts.

It is true however, that even without any evidence of burglary, many prosecutors will charge the felony to intimidate you into pleading guilty to the petty theft, making you think you are getting a big break by dropping a felony charge that never should have been made.

My question to you is: why are you not asking this question of your lawyer? Do she charge by the sentence?

Re: Criminal law - felony v misdemeanor

Grand theft is a felony and is normally for things with a value of over $400. Theft from another person (Grand Theft Person) is a felony for any dollar amount. For example, if you pickpocket somebody's wallet and it has $50 in it, it can still be a felony grand theft person.

Other ways to get a felony from a $200 theft depend on what was taken. Theft of a firearm of any value is a felony. Theft of over $100 worth of certain agricultural products is a felony.

And of course, there is always the possibility the charge could turn into a robbery if force was used to take the property or get away.

Let me know if I can help further. My website (www.joedane.com) has information about theft crimes.