What You Need to Know about the California $950 Theft Law
California’s $950 Theft Law turned shoplifting from a felony offense to a misdemeanor as long as the total stolen does not exceed the value of $950. Here is everything you need to know about the California $950 Theft Law.
Is Theft Decriminalized Under the California $950 Theft Law?
No, theft is not decriminalized under the new law. Theft will be considered a misdemeanor if the stolen value does not exceed $950. The new law defines shoplifting in California as entering a store intending to steal. The law states that all other occasions of theft that do not fall under the newly established shoplifting will be considered a burglary charge.
Related: California Theft Laws: Petty Theft, Grand Theft, & Shoplifting
If I was Sentenced to a Felony Theft Charge, What Does CA Theft Law Do For Me?
Under the new theft law, those serving prison time for a felony theft charge that would now be classified as a misdemeanor will receive the opportunity for resentencing. An individual must file the resentencing petition within three years since the law was passed and in the original court where the felony theft charge was convicted.
The following individuals will not qualify for sentencing under California Law:
- Registered sex offenders
- Those convicted of murder
- Those convicted of attempted murder
- Those facing a life prison sentence
- Those convicted of the possession of mass destruction weapons
- Those convicted of vehicular manslaughter while under the influence of drugs or alcohol
The resentencing will not happen for those who the judge determines as a risk to public safety. In addition, the resentencing would guarantee a lower sentence and would not add more years for the convicted individual.
What If I Served My Felony Theft Charge Time? What Does CA Theft Law Do For Me?
For those who have completed their time for a felony theft charge, the CA theft law allows them to file to change the felony to a misdemeanor, if applicable. This would be reclassifying the conviction. To reclassify a conviction, the reclassification must occur with the original judge who presided over the initial conviction. This must occur within three years of the law’s implementation.
Related: California Wobbler Crimes: Misdemeanor or Felony?
Does the CA Theft Law Mean No Jail Time for Shoplifting?
No, the CA Theft Law only establishes that a misdemeanor theft is one of a value of $950 or less. Misdemeanor charges can still lead to no more than 6 months of jail time. This does not happen in all cases, but it is possible to even with the new law.
I am Accused of Shoplifting, What Should I Do Next?
For the crime to be considered shoplifting, the stolen goods cannot allot to over $950, and the individual must have had the intent to steal before entering the store. If someone did not have the intent to steal when entering the business, the crime is not shoplifting under the California legal system. When not having the planned intent to steal, the crime becomes petty theft, which is also a misdemeanor crime. Therefore, it is important to have legal representation to help defend the individual in instances where shoplifting did not occur.
Related: Three-Strikes Law: Which States Have it?
What If Stolen Goods Amount to Over $950: CA Theft Law
Under the CA Theft Law, the misdemeanor shoplifting charge is only applicable for goods valued under $950. When more is stolen, the charge is referred to as “wobbler” meaning prosecutors can choose whether they would like to pursue a felony or misdemeanor charge. If a felony charge is pursued, the maximum jail time is 3 years, and a fine could be up to $10,000.
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