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What is the maximum penalty for misdemeanor petty theft (under $50) in CA? I have two prior drug convictions on my record.

Long Beach, CA |

No details; please see question.

Attorney Answers 3

  1. One year in County jail is the maximum for misdemeanors in Ca. I would need to know what the prior drug convictions were and if you were on probation to give more information.

    My standard disclaimer: I am not offering legal advice, assume I do
    not know the law in your state or at all for that matter and that I am
    just making suggestions for starting points for when you do speak with
    an attorney. Do NOT rely on anything I write and contact a lawyer in
    your area immediately after reading my posting.

  2. The petty theft itself as a misdemeanor carries up to 6 months in county jail and/or a $1,000 fine.

    The prior drug convictions will only matter if you're on probation or parole currently. If so, the new theft charge could violate you on probation/parole and subject you to punishment on those.

    Petty theft from a retail store under $50 can also be an infraction.


  3. Assuming you are not on probation for the priors, the max is either 6 months and/or a $1000 fine if it is a misdemeanor. Depending on the facts, commercial burglary could also be filed. But if it is under $50, it could simply be an infraction subject to a fine only.

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