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Pc 459

my mom got arrested for steeling $350, is that misdemeanor or felony?and if we get the criminal defense can do something that they dont send my mom to prison?

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Attorney answers (2)

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Reputation Level 20
Theft of under $400 is petty theft - a misdemeanor. Burglary, Penal Code section 459, can be charged if the DA thinks your mom entered the store with the intent to steal. Burglary can be either a felony or a misdemeanor (assuming it's not burglary of a house).

Before worrying about any possible sentence, the first question should be: Can the DA prove the case against her? That would take a more detailed discussion with a criminal defense attorney.

See the links below or more information about theft crimes and their defenses in Orange County.
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Joseph Briscoe Dane
Joseph Briscoe Dane, licensed in California

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Reputation Level 20
PC 459 is burglary which means she entered an inhabited dwelling with the intent to steal or commit a felony. The amount taken is irrelevant. It's second degree if she entered an uninhabited dwelling. Are you sure your mom burgled someone?
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