Our Orange petty theft criminal defense attorneys were interested to see a brief item about two young men who are accused of stealing beer from a Lake Forest convenience store. As the Orange County Register reported June 10, sheriff's deputies were called to Mobile on the Run, the store, after a clerk saw two young men, ages 18 or 19, steal two packages of Budweiser. The suspects are described as white males with black hair, five feet four inches to five feet five inches, and 140 to 150 pounds. They were both wearing black shirts; one was wearing khaki shorts and the other was wearing black shorts. They reportedly fled in a white extended-cab pickup truck, along Portola Way to Lake Forest Drive. Anyone with information related to the crime is encouraged to contact the Orange County Sheriff's Department.
Deputy Richard Nelson said these "beer runs" are common at convenience stores and grocery stores, which doesn't surprise us. As long as underage kids and young adults can't buy beer legally, some of them are going to make the unwise choice to steal it instead. The deputy also told the newspaper that this type of shoplifting is petty theft, but then went on to say that it can also be charged as burglary if prosecutors believe they can prove that the perpetrators went into the store with intent to steal. And that charge, he said, can be a felony. This interested our Oceanside petty theft criminal defense lawyers because we're not entirely sure that felony burglary would be charged in a case of shoplifting goods worth at most about $40. In most shoplifting cases, the charge is petty theft because the value of the goods is under $400 and not taken from the victim's person.
On a first offense with a low value like this, petty theft can be charged as an infraction rather than a misdemeanor. This keeps the crime off the defendant's record and carries a penalty of up to $250. Misdemeanor petty theft carries up to six months in jail and a fine of up to $1,000. By contrast, second-degree burglary -- which is the charge for burglary of a store -- would be a "wobbler," meaning it can be charged as a misdemeanor carrying up to a year in jail or a felony carrying up to a year in prison. Prosecutors may charge the crime this way if the crime was particularly noxious or the defendant seems headed for a life of more crime. However, to prove burglary, the prosecutors must prove that the defendant entered the store with the intent to commit larceny -- and intent can be difficult to prove. If they can find no discussions or actions to show that intent, prosecutors will have to drop the charge back down to petty theft.
At Howard Law, P.C., we believe "over-charging" a crime with charges that don't fit the situation may be an abuse of prosecutors' discretion. We also think this kind of overreaching can be advantageous for defendants, because juries may reject inappropriate charges when they substantially increase penalties for relatively minor crimes. In shoplifting cases, our Chino Hills petty theft criminal defense attorneys can frequently negotiate down the charge from a felony to a misdemeanor or a misdemeanor to an infraction, especially in cases involving minors or the theft of very low-value items. In such cases, we may be able to win alternative sentencing options such as community service or drug diversion, rather than jail and fines. And in felony petty theft cases, our attorneys negotiate vigorously to get felonies reduced to misdemeanors in order to avoid triggering the three-strikes law.
If you're charged with shoplifting or other forms of theft, you need the help of an experienced attorney to protect your life and your loved ones. To set up a free consultation with Howard Law, P.C., you can call us toll-free at 1-800-872-5925 or contact us through the Internet.
