QUESTION
I have a pc 459 it is my first offence ever I think it should’ve been shop lifting or petty theft what could I face?
Asked on Jul 25th, 2013 on Criminal Law - California
More details to this question:
I went into a store and grabbed merchandise off the shelf and tried to return it to get store credit.
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It depends on whether or not it is being charged as a felony or misdemeanor. If charged as a felony, you could be sentenced to up to 3 years in prison. If charged as a misdemeanor, you could be sentenced to up to 1 year in jail.
Answered on Jul 25th, 2013 at 8:09 PM
PC 459 is a crime of moral turpitude. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Jul 25th, 2013 at 11:59 AM
The DA charged it as commercial burglary because they believe you had the intent to steal before you entered the store. You may be able to get it reduced to a petty theft (p.c. Sec. 484), especially if you have no prior record.
Answered on Jul 25th, 2013 at 9:00 AM