Misdemeanors - A misdemeanor is a crime punishable by less than one year. Arrests can only be made for crimes that occur in the presence of the person making the arrest, or with a warrant.
As your San Diego Misdemeanor Defense Attorney, at Samuel Spital & Associates, we are experienced in misdemeanor defense; we want to be your Drug Defense Lawyer, Disorderly Conduct Defense Attorney, Trespassing Defense Lawyer, Theft Attorney, Resisting Arrest Defense Lawyer and Weapon Crimes Defense Attorney, including the following:
California Penal Code 484 & 488 defines theft as the unlawful taking of another individual's property. The crime of theft varies based on the nature of the theft, the location of the crime and the value of the goods taken. The exact value of goods at which a petty theft becomes grand theft is $400. California petty theft will be charged when that property is valued at $400 or less. The typical shoplifting crime occurs in one of four ways:
Petty theft or shoplifting is always a misdemeanor . Grand theft (offense over $400) may be charged as a misdemeanor or a felony, depending on (1) your criminal history, and (2) the circumstances of your case. This is called a "wobbler" in the law.
It is noteworthy that stealing a car of any value can be charged as Grand Theft Auto . If an individual enters a business or store with the intent to commit a theft of any kind inside, the prosecutor will likely also charge the defendant with Burglary (Penal Code 459). If a defendant uses force or threats of intimidation or harm to acquire property from someone else, this is Robbery pursuant to Penal Code 211
If an individual purchases or receives an item he knows or has reason to believe is stolen, you can be charged with Receiving Stolen Property pursuant to Penal Code 496. The same applies if you obtain the property from someone who purchased or received stolen goods or merchandise from another.
1. Consent
If you were given consent to take the item in question, that constitutes a defense to petty theft. Someone who consents to giving you money or property cannot later change their mind causing you to be charged with a crime.
2. Claimed Right Defense (the claimed stolen item belongs to you)
We can assert this defense when ourclient had a good faith belief (even if mistaken belief) that the item belonged to you. For example, if you took money from another person who owed you that amount of money, we will argue you did not have the intent to steal the money.
3. Absent-Minded Defense (forgetting to either put back the merchandise or pay)
As our client, we will seek to determine whether you really had the intent to steal. At Spital and Associates, many people get charged with Petty Theft, but never intended to commit a crime. For example, they walk out of a store while using their cell phone, intending to go to their car to get their wallet or purse, and/or are distracted because they are paying attention to something else they are doing (their child is crying). Then, we will seek to persuade the prosecutor and judge that you did not have the requisite intent to steal.
4. You are the Victim
Occasionally a person is arrested for shoplifting when they in fact are an innocent victim. For example, if you are at a store with another person and that individual places an item in your purse or bag to divert attention from themself, you may be arrested while the other person is not charged with a crime.
Our role as your skilled, experienced and effective San Diego Misdemeanor Attorneys is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following and, of course, more:
•· Actual or potential harm to the public;
•· Prior overall criminal record, if any;
•· Level of compliance with sentence and terms of probation;
•· Prior arrests of record;
•· Number and/or variety of current violations or charges (counts);
•· Nature and severity of the offenses or crimes under consideration;
•· Rehabilitation and remorse;
•· Time passed since the underlying act and offense;
•· The financial benefit to the defendant, if any;
•· Whether the conduct demonstrated cruelty;
•· Whether the defendant was suffering from a mental or physical condition that significantly reduced culpability for the crime;
•· Whether the defendant is ineligible for probation;
•· Whether the defendant made restitution to the victim;
•· Whether the crime involved violence, bodily harm, threat of harm, or other acts disclosing a high degree of cruelty, viciousness &/or callousness;
•· The defendant was not armed with or used a weapon at the time of the commission of the crime;
•· The defendant did not induce others to participate in the commission of the crime or occupied a position of leadership or dominance of other participants in its commission;
•· The defendant did not induce a minor to commit or assist in the commission of the crime;
•· The manner in which the crime was carried out does not indicate planning, sophistication, or professionalism;
•· The crime did not involve an attempted or actual taking or damage of significant monetary value;
•· The defendant did not take advantage of a position of trust or confidence to commit the offense;
•· The defendant has not engaged in violent conduct which indicates a serious danger to society;
•· The defendant has not served a prior prison term;
•· The defendant was not on probation or parole when the crime was committed
An arrest occurs when a law enforcement officer takes a suspect into custody. An arrest is complete the moment the suspect is no longer free to walk away from the arresting police or sheriff. The police can only make an arrest, pursuant to the 4th Amendment of the U.S. Constitution if the they have "probable cause" to believe a crime was committed and that the suspect did it.
The underlying basis for this consitutional amendment is that the people of the United States are entitled to "life, liberty and the pursuit of happiness." The probable cause requirement limits law enforcement from depriving people of their "liberty" (or freedom). The following are further illustrations of this legal principle:
The bottom line, however, is whether law enforcement has "sufficient information" to establish probable cause. The police must decide whether to make an arrest without an arrest warrant ("warrantless arrest") or seek to convince a judge to issue an arrest warrant. As noted earlier, probable cause requires more than a "mere suspicion" a suspect committed a crime. This standard of proof is much less than what is required to prevail in a trial (namely, sufficient evidence or information to prove the defendant is guilty "beyond a reasonable doubt"). The Fourth Amendment does not define probable cause, so attorneys and judges look to case law and precedent to define or interpret the meaning of probable cause, taking into account some of the following:
Judges help to define the meaning of probable cause each time they issue a warrant or decide a case in which the issue arises.
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If you are investigated, arrested or charged with a misdemeanor, contact us as your San Diego Misdemeanor Defense Lawyer at 619.583.0350 or send an e-mail now so that we can help.
Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101
Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.
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