A charge of petty theft does not always seem like a serious deal to someone who is charged with it – until they get all the facts. When the charge is increased to petty theft with a prior, it can be much more serious than they might first guess. Keep reading to learn about this charge and then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been charged with this crime and need a free legal consultation with an experienced theft crime attorney.

The Definition of Petty Theft with a Prior

Several factors must be present for a conviction for petty theft with a prior. First, the defendant must have had a prior conviction for a theft crime, must have served time in a penal institution for that crime they were previously convicted of, must have had a prior conviction for either a violent offense or a certain type of sex crime.

Note: This is a Sentencing Enhancement

It is important to note that adding petty theft with a prior is not technically a charge in and of itself – it is a sentencing enhancement. This means that the prosecutor does not have to prove this in court to convict the defendant of the underlying charge of petty theft.

More About the Prior Crimes They Must Have Been Convicted Of

Let us take a closer look at the prior(s) the defendant must-have. In California, for a prior theft crime to apply it must have been petty theft, carjacking, burglary, grand theft, robbery, or felony receiving stolen property.

The violent offense or certain sex crime requirement would include any charge that requires the defendant to register as a sex offender, murder, attempted murder, solicitation to commit murder, possession of a weapon of mass destruction, assault with a machine gun on a firefighter or police officer, gross vehicular manslaughter while intoxicated, or any crime that is punishable by life in prison.

The Most Common Defense Options for Petty Theft with a Prior

Of course, your best defense will depend on the specifics of your case. However, the most common defense options include showing that you are not guilty of the petty theft charge you are facing, showing that you do not have qualifying priors, or that you were falsely accused.

Depending on the circumstances, the best option may be to plead guilty in exchange for a lesser charge. The best way to find out what your options are, and how to make the right choice, is to talk to a criminal defense attorney by calling Law Office of Michael L. Fell at (949) 585-9055.