PC 211/212.5/213

Commonly referred to as “Robbery” this is the most serious of all theft offenses. Robbery is divided into First or Second Degree. First Degree Robbery is punishable by 3, 4 or 6 years in state prison if the accused is acting alone. If two or more persons are charged with First Degree Robbery, the punishment increases to 3, 6 or 9 years in state prison.Second Degree Robbery carries a potential prison sentence of 2, 3 or 5 years.

NOTE: If a weapon or firearm is alleged to have been used in the conmission of the robbery, the amount of prison time increases significantly.

NOTE: All robberies, regardless of degree are “Strikes” under California Three Strikes Law.

PC 215

Known as “Carjacking”, this is in reality car robbery. It is an extremely serious theft offense and carries a stiff 3, 5 or 9 year prison sentence.

PC 459/460 (a)

Commonly referred to as “Residential Burglary” or “First Degree Burglary”, this very serious theft offense is a felony and is punishable by imprisonment in the state prison for 2, 4 or 6 years. A conviction for residential burglary is also a “Strike” under the Three Strikes Law.

PC 459/460 (b)

Referred to as “Commercial Burglary” or “Second Degree Burglary”, this theft offense may be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum punishment is one year in county jail. If charged as a felony, the maximum punishment is 16 months, 2 years or 3 years in state prison.

NOTE: If charged as a felony, Attorney Orsatti may be able to get the charge reduced to a misdemeanor.

PC 466

Referred to as “Possession of Burglary Tools”, this crime is a misdemeanor and the maximum punishment is county jail.

PC 470/473

Referred to as “Forgery”, this theft offense is known as a “wobbler” in that it can be charged as either a misdemeanor or a felony. If charged as a misdemeanor the maximum punishment is one year in county jail. If charged as a felony the maximum punishment is state prison.

PC 480

Referred to as “Counterfeiting”, this theft offense is a felony and is punishable by imprisonment for 2, 3 or 4 years in state prison.

PC 484/488

Commonly referred to as “Petty Theft”, this common theft offense may be charged as an infraction (PC 490.1; a Non-Criminal Offense) or a misdemeanor. Typically, if the value of the cash or property taken is less than $50, than it will be charged as an infraction. If the value of the cash or property is less than $400 but more than $50, than it will be charged as a misdemeanor.

IMPORTANT NOTE: A PC 484/488 can be elevated to a felony if the accused person has any prior theft offense convictions.

PC 487

Commonly referred to as “Grand Theft”, this common theft offense may be charged as either a misdemeanor or a felony. The maximum punishment if charged as a misdemeanor is one year in county jail. The maximum punishment if charged as a felony is 3 years in state prison.

PC 496

Known as “Receiving Stolen Property”, this type of theft crime is a “wobbler” and can be charged as either a misdemeanor or a felony. Generally, if the value of the stolen property is less than $400 it is usually charged as a misdemeanor and the maximum punishment is one year in county jail. If the value of the stolen property is $400 or more, it is usually charged as a felony and the maximum punishment is 16 months, 2 years or 3 years in state prison.

VC 10851

Known as “Grand Theft Auto”, this common theft offense is a “wobbler” and can be charged as either a misdemeanor or a felony. If charged as a misdemeanor the maximum punishment is one year in county jail. If charged as a felony the maximum punishment is state prison.