Here is the update for my case. Today I received a letter from the City Prosecuting Office saying that there is a criminal complaint filed for violation of PC 484 (A), a misdemeanor. Do any of you guys know the difference between PC 484 (A) and PC 487 (A)? Thanks!
Grand Theft For Taking A Co-Worker's iPhone
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03-06-2008, 02:30 PMbinh17987Re: Grand Theft For Taking A Co-Worker's iPhone
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03-06-2008, 02:48 PMHappy TrailsRe: Grand Theft For Taking A Co-Worker's iPhonePenal code 484. (a) - defines your crime best.Quote:
Quoting binh17987
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484. (a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test,
and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
487. Grand theft is theft committed in any of the following cases:
(a) When the money, labor, or real or personal property taken is of a value exceeding four hundred dollars ($400), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding one hundred dollars ($100).
(B) For the purposes of establishing that the value of avocados or citrus fruit under this paragraph exceeds one hundred dollars ($100), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft avocados or citrus fruit of the same variety and weight exceeded one hundred dollars ($100) in wholesale value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding one hundred dollars ($100).
(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates four hundred dollars ($400) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.
(2) A firearm.
(e) This section shall become operative on January 1, 1997. -
03-06-2008, 03:32 PMbinh17987Re: Grand Theft For Taking A Co-Worker's iPhone
I've noticed that pc484 defines theft in general. So with pc484 stated in the letter ,is my charge a Petty Theft misdemeanor or pc487 Grand theft misdemeanor?
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03-06-2008, 04:10 PMHappy TrailsRe: Grand Theft For Taking A Co-Worker's iPhoneThe letter states you are being charged with PC 484 (a), which is commonly referred to as petty theft and that is a misdemeanor when the value of the item is more than $50 but less than $400.Quote:
Quoting binh17987
Had you had any priors, it could have been elevated to a felony.
The letter didn't say anything about PC 487 (a), did it? -
03-06-2008, 05:11 PMbinh17987Re: Grand Theft For Taking A Co-Worker's iPhone
This is my first offense, and the letter did not say anything about pc 487 (A). It just states that I have violated pc484 (A), a misdemeanor, and my court date would be April 11th. Do you know typically for a case like this how long the probation is going to be? Because I'm planning on graduating next year; hopefully, by the time I get out of school I can ask the court for expungement!
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03-06-2008, 06:26 PMHappy TrailsRe: Grand Theft For Taking A Co-Worker's iPhoneNo, sorry, I don't know. If you know where your county prints public records (court report) - you may find some information there that can give you an idea.Quote:
Quoting binh17987