Arrested and charge with a 487(A)pc in CA, first offense,

I was arrested and charged for taking a TV from Kmart in Chico , California. I have been charged with 1 count of Grand Theft, because Kmart said the TV was valued at $500. The TV was clearly tag $378, they, Kmart said that was a sale price. Should I have been charged with just petty theft because at that time the TV was priced under $400, which is at the limit amount that you could be charged with petty theft here in Northern California? I have no criminal history, not even a traffice ticket. I have hired a well known attorney but he only talked to me about how he would fight the case and how he hade to get rid of the felony . I would like to know if the charge will be reduced down for the first offense ? I am really affraid of a feloney on my record just because I made one bad decision.

You'll excuse me for stating the obvious, but you're stealing appliances - this wasn't "one bad decision", even if it was the first time you got caught.

Your lawyer seems to believe that he can obtain a reduction in the charge. That's the most assurance you can get at this point in time.

A sale price is reduction in retail sale price to entice you to come into store and possibly buy other merchandise at full retail. The store "owns" property at its full retail! Anytime you are stopped by Loss Prevention for shoplifting they list full retail of item not its sale price! Sale price is for "paying" customers not thiefs!

I came here looking for advise . You all are hostile, I made one bad decision regarding my shopping habbits and I am no THIEF.I am only dealing with this one point of time in my life. A TV is a eletronic devise not a appliance ,like a frige, stove or dishwasher ! I am happy I hired my attorney, he is well known here and I will get what I pay for. I shure would like some advise on how the court would treat this as a first time offense. I also looked up the price of that TV and if Kmart is selling at $378 not $500 then that is what it is worth to them ,is that not correct? I am left really irratated that Kmart and the police went out their way to railroad me on this .

The test in CA is the "fair market value" at the time of the offense. Whether the "fair market value" was more than the sale price is a question for the DA to decide (as for charging) and for the court (in determining the probable cause to bring the matter forward). The "worth" of the product to the owner is not a question - only the "fair market value".

No one can tell you whether you WILL have your charges reduced. I'd say it's likely you will get a plea to petty theft. However! Expect that plea to include at least a couple of days in jail in addition to probation and a fine. The jail time will be in order to establish a priorable offense so that any future theft (even if is it 99 cent eyedrops) will be a felony (pursuant to PC 666).

Oh, and the definition of a "thief" from www.dictionary.com (formerly Websters.com):

a person who steals, esp. secretly or without open force; one guilty of theft or larceny.

I think that makes Panther's definition a pretty appropriate one. Now, it's up to you to decide whether you intend to remain a thief, or if you intend to straighten up and go forth to sin no more, as they say. Your life, your call.


- Carl

Thankyou for a very informational and courteouse reply. But, I do not believe jail time in anyway would help anyone because the jail here is so overcrowded and run down, it is bad and it would cost the jail more money to jail someone than to just let a person work off the offense threw community service. I have no problem with community service to pay for my mistake.