, a defendant who enters a store while that establishment is open, intending to steal property worth less than $950, is guilty of a misdemeanor, punishable by up to 1 year in the county jail (all other entries of commercial establishments with the intent to steal are burglaries)
Prop 47 narrowed the number of people who could be charged with wobblers in these situations, making such a charge possible only if the defendant had at least one prior petty or theft-related conviction, and had been imprisoned as a result; and has a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependant adult or anyone over the age of 65. All other defendants must be charged with misdemeanors.
California law defines petty theft as the theft of any property with a value of $950 or less. Most petty thefts are charged as misdemeanors. Petty theft is a misdemeanor if the theft is a result of the shoplifting offense and the offender has no prior criminal record, or if the value of the stolen property is $950 or less. A misdemeanor conviction for petty theft in California carries a sentence of up to six months in county jail, a fine of no more than $1,000, or both. (Cal. Pen. Code, § 490.) However, if the property has a value of $50 or less, the prosecutor can charge the offense as an infraction, so long as the offender has had no other theft-related conviction. Petty theft charged as an infraction is punishable by... 查看完整评论