Legal Question in Criminal Law in California

Punishment: Petty Theft Charge with a prior Felony Drug Conviction

My boyfriend recently was arrested and charged with Petty Theft, (OF COURSE he denies these charges to myself) A few years ago, I believe it was 2002, he was sent to State Prison on a Felony Drug Conviction. He has been a model citizen since (was even released early from Parole!!) Then two weeks ago...The dreaded phone call came, ''Honey, I've been arrested but not to worry I didn't do a thing...'' This time Petty Theft. What can I expect his sentence to be?


Asked on 8/17/08, 7:19 am

2 Answers from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Punishment: Petty Theft Charge with a prior Felony Drug Conviction

Well, if he is not guilty of the charge he presumably will not incur a sentence at all because he wont be convicted.

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Answered on 8/18/08, 11:27 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Punishment: Petty Theft Charge with a prior Felony Drug Conviction

Petty theft is a misdemeanor and sometimes even an infraction. Normally, upon first offense, it would not carry jail time. Because your boyfriend went to state prison he can expect harsher treatment. Based upon what you told me, I take it he has no prior theft convictions and therefore the current charge should be only a misdemeanor, not a felony. That said, while your boyfriend is not likely to be sent to state prison, the DA or the judge might require him to do some time in county jail as part of his probation.

There is of course also a possibility that your boyfriend is innocent or can in fact beat the charges in court. Get a competent and dedicated lawyer to either beat the case or negotiate a no-jail-time sentence.

Jacek W. Lentz

310.273.1361

www.lentzlawfirm.com

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Answered on 8/17/08, 1:42 pm


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