Legal Question in Criminal Law in California

what could happen if some one has a second degree burglury on there record that was dropped to a misdameanor in 2005 .this person then get a petty theft charge in 2010 and the amount is way under the amount of a felony can the D.A. still charge them with a felony ? also the paper work said that the one prior was still a felony but they proved to the judge it was dropped to a misdameanor.

Asked on 8/15/10, 1:15 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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A second theft crime is a felony even if the prior is a misdemeanor. To put it another way, if you were convicted of stealing a candy bar last year, and you are charged with stealing a pack of cigarettes this year, the new case is a felony. Stealing (larceny) is an element of burglary, so all burglaries are theft crimes.

Answered on 8/20/10, 1:25 am

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Robert Marshall Law Office of Robert L, Marshall

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Under Penal Code �666, a petty theft can be charged as a felony if the defendant has a prior conviction for many theft-related offenses, including burglary, and served at least one day in jail. This applies even if the prior conviction was a misdemeanor.

Even a brief "book and release" at the jail, where you are photographed and fingerprinted, satisfies the requirement of a day in jail.

Answered on 8/20/10, 1:32 am

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