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I got petty theft 2nd time first time 1 year ago I got 3 days comu. Service i still have not gon to court yet with comp. Of 1st

Chatsworth, CA |

The second time amount was $46 for the petty theft and put it in stroller will I get felony and what will happen with my prior since my court date has not yet came up to get dismissed

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Attorney answers 4


Petty theft with a prior significantly enhances the punishment but I doubt a felony charge will be filed. Call me if you need further advice.


The answer is it depends of the precise facts. A petty theft under Penal Code Section 484(a) cannot be charged as a felony unless there are three prior convictions, in other words on your fourth one. This includes other similar crimes like receiving stolen property and burglary. I am not trying to scare you, but sometimes prosecutors will claim that if the alleged theft shows planning and sophistication, like using a stroller, that you committed a second degree burglary. That can be a felony. My suggestion would be to talk to an experienced attorney because if you are on probation on the first case that is an issue. I have an office in Van Nuys near you and my cell number is on my website.


Contact a local attorney as soon as possible.


You need to seek the opinion of an attorney, especially if this case is being heard in Van Nuys or San Fernando. You are facing time in County Jail, unless your attorney can negotiate with the City Attorney.

Seth Weinstein, Esq.
Southern California Criminal Defense
(310) 707-7131

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.