Mikeysco is, as usual, correct. I would note, however, that petty theft is usually charged under Penal Code section 484, rather than 488, and 490.5 is a punishment section. The maximum punishment is 6 months in jail, but he is right that if you committed the crime you probably will not get any time--only probation and a fine.
Just being with somebody when that person stole something does not make you a thief. But if you helped him (e.g., agreed with him that the beer should be taken, or acted as lookout, or distracted the clerk, or found the beer, etc.), you could be charged as an aider and abetter, which results in the same conviction and punishment as the thief.
Note that if you do any time at all in custody on a theft offense in California, any later theft offense can be charged as a felony.
If you'd like a parade of horribles on what could be charged in the realm of possibility, if you entered a store with the intent to take beer, it is a burglary. If you used any force or fear against anybody to take or keep the beer, it is a robbery. If you stole a whole lot of really expensive beer (over $400 worth), it could be felony grand theft.
2007-02-16 07:22:40
·
answer #1
·
answered by Anonymous
·
0⤊
0⤋
There are a few potential charges with the situation.
First, it was larceny/theft. Since i don't think a truck load of beer was stolen, probably it was only petty larceny [as opposed to grand--the difference is determined by value of property stolen].
Next problem is age of the thief. If it is someone under 21 [or whatever the "drinking age" is in CA], then illegal possession of alcohol by someone underage is another charge--or however CA's statutes word it.
Another factor is exactly how it was "acquired" by the thief. Did he/she just pick it up off the shelf and run out or in some way threaten the store clerk? If so, that is a possible assault charge.
That's another difference: if it was taken from some person's fridge out of their house or garage, then it is simply petty theft. If taken from a store, it is retail theft. Sometimes sentences are different.
Your best bet is to find CA's legislative website and try reading though the statutes to see what applies. You know all the pertinent information about the circumstances.
2007-02-16 03:42:59
·
answer #2
·
answered by quntmphys238 6
·
0⤊
0⤋
Stealing beer form where, someones home, a bar, a store, a wino on the street,,,????? Also how many beers and its value,,????
2007-02-16 02:46:20
·
answer #3
·
answered by Anonymous
·
0⤊
0⤋
IT ALDEPNEDS ON HOW OLD YOU ARE AND HOW MANY CANS OR BOTTLES YOU STOLE. HERE IN CA YOU MIGHT ME CHARGED WITH STEALING AND NOT PAYING WHICH YOU JUST GIVE PROBATION. IF YOU WANT ANYMORE INFO JUST E-MAIL ME.
2007-02-16 04:26:46
·
answer #4
·
answered by Anonymous
·
0⤊
0⤋