Petty Theft with a Prior

Law Offices of Nam Q. Doan

The punishment for a petty theft conviction increases if you have a prior petty theft conviction.  A petty theft conviction usually has a maximum punishment of six months in jail.  However, if you are charged with committing a petty theft with a prior petty theft conviction, under California Penal Code 666, your maximum punishment will be one year in county jail.

 

For you to be convicted of this crime, you must have had a previous petty theft conviction AND as punishment for this conviction, you must have had to serve some time in jail or some other penal institution.  If you did not serve at least one day, you cannot be convicted of this enhanced crime.

 

Elements

To prove this allegation, the People must prove that:

  1. The defendant was previously convicted of a theft offense; AND
  2. The defendant served a term in a penal institution for that conviction.

 

Therefore, it is important to have proper representation for any theft crime charges as the result of one case can greatly affect any subsequent cases.  Call the Law Offices of Nam Q. Doan | OC Legal Defense of Nam Q. Doan today at (714)248-DOAN(3626) if you’re facing a theft crime charge.  I can help you get your case dismissed.