Legal Question in Criminal Law in California
Embezzlement
what kinda of charges can be given if someone has a past petty theft bakcground evaded parole and is charged with pc 503 $400+ and criminal threats what could they be facing
3 Answers from Attorneys
Re: Embezzlement
You are in serious trouble. Get to a lawyer as fast as you can get in your car. You are facing Felony charges and the 422pc( criminal threats ) is a possible strike. If you served even 1 day on your prior petty theft then you are also facing petty with a prior Felony charges. As a former Deputy District Attorney and Certified Criminal Law Specialist we have handled 100's of cases dealing with charges you are facing Seeing as how the consultation is FREE, I believe you need to go over all the facts with a qualified attorney like us, so you can get feedback particular to your unique set of facts. Contact us at www.wallinlaw.com... David Wallin
Re: Embezzlement
Your question is a little unclear - a prior petty theft is a misdemeanor and by itself cannot result in a prison/parole situation, so I assume there's at least another qualifying felony out there somewhere.
The embezzlement carries up to 3 years state prison and the criminal threats (assuming it's charged as a felony) adds another 8 months. The prison prior could add a year.
The threats charge is also a strike under California's three strikes law.
The bottom line - whoever is accused in this situation is in a heap of trouble. Certain priors can be stricken, reducing the sentence or there are other ways to fight the case or lessen punishment. Exatly what can be done? I could only say after a review of the exact charges and the police reports.
Re: Embezzlement
Your question is a little unclear - a prior petty theft is a misdemeanor and by itself cannot result in a prison/parole situation, so I assume there's at least another qualifying felony out there somewhere.
The embezzlement carries up to 3 years state prison and the criminal threats (assuming it's charged as a felony) adds another 8 months. The prison prior could add a year.
The threats charge is also a strike under California's three strikes law.
The bottom line - whoever is accused in this situation is in a heap of trouble. Certain priors can be stricken, reducing the sentence or there are other ways to fight the case or lessen punishment. Exatly what can be done? I could only say after a review of the exact charges and the police reports.
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