Theft Lawyer San Francisco, CA
Misdemeanor theft is a serious charge, and if you have not yet hired a criminal defense lawyer, consider doing so without delay. It is a mistake to think that a misdemeanor conviction will not result in jail time, but the fact is that a conviction can mean jail time as well as a large fine. Depending on the circumstances, the convicted individual may also be ordered by the Court to pay restitution to their victim.
When is an accused’s act of theft considered a misdemeanor?
This will vary somewhat from state to state, but the determination of whether an act of theft is a misdemeanor or a felony is based on the value of the item(s) in question. The predetermined value is subject to the nature of what was allegedly stolen and will vary accordingly. Below is a general overview but your criminal defense lawyer can clarify why you were charged with a misdemeanor, and if that is subject to being changed to a felony.
What are examples of theft?
Whether a prosecutor deems it a misdemeanor or a felony, the following are common examples of them:
- Taking of someone’s property.
- The taking of someone’s lost property.
- The use of a company’s service without paying for it.
- The receipt of stolen property.
What are the classifications for misdemeanor theft?
The following is a general guideline, and your criminal defense lawyer can clarify in which Class your charge of theft may fall into:
- Class A Misdemeanor: The value of the service or property is deemed $500-$1,500
- Class B Misdemeanor: The value of the service or property is deemed $50-$500, or between $20-$500 if the service or property was obtained by electronic debit card or a check.
- Class C Misdemeanor: The value of the service or property is deemed less than $50, or less than $20 if the service or property was obtained by electronic debit card or a check.
What are the penalties for misdemeanor theft?
- Class A Misdemeanor: A fine of up to $4,000 and up to one year in jail, and not less than 90 days for habitual criminal offenders.
- Class B Misdemeanor: A fine of up to $2,000 and up to 180 days in jail, and not less than 30 days for habitual criminal offenders.
- Class C Misdemeanor: A fine of up to $500 and up to 180 days in jail for habitual criminal offenders.
Will a misdemeanor be included in my criminal record and show up on background checks?
When applying for a job, mortgage, schooling, loans, or housing, a misdemeanor conviction will appear on a person’s criminal record. A background check that discovers the conviction may prohibit the individual’s acceptance for what they applied. For this reason, it’s important to work with an experienced theft lawyer San Francisco, CA offers at Morales Law Firm who may be able to get their charge dropped in order to avoid a conviction.