Legal Question in Criminal Law in California

Hello,
I will give you background first. In 1997 I had just put on lithium and was drinking. Took an extended family members atm card. The money I spent on it was paid by her bill time. In court they saw that and I dont remember getting any time for it nor was it put on probation (only summary), nor was it called petty theft. In 2006 I had a petty theft ($20 of food) got 2 days.
Last month I was arrested and jailed for a day for pc666 (took$25 of food).Cop said felony. My OR paperwork also says pc666. I found out legislation changed for that 2010. 666 has to have 3 priors now. I looked online on San Bernardino Cnty. Open acces court records and see that they are charging me with 459 not 666. Burglary. What the heck? What will happent to me? Thank you very much, Darla. I am a nice girl really that does nothing else wrong. No drugs

Asked on 8/18/12, 5:52 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

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Burglary, Penal Code �459, is entering a structure with the intent to commit theft (or any felony). If you entered a store with the intent to commit a petty theft, as opposed to deciding to steal something after you were already in the store, that's burglary.

You're correct that Penal Code �666, petty theft with a prior, was amended last year to require three qualifying prior convictions. (It still takes just one if the defendant has been convicted of a serious or violent felony, or is a registered sex offender).

When you're arrested, the police book you on their best guess of what the charges should be, but the District Attorney makes the final charging decision. Apparently the DA decided to charge you with burglary because the 666 didn't fit.

Commercial burglary is a "wobbler" that can be a misdemeanor or a felony. Based on the small amount taken, your lawyer -- whether it's someone you hire or the public defender -- will try to get you out of this situation without a felony on your record.

Answered on 8/18/12, 6:19 pm

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