2nd Degree Burglary and Felony 1st Time Offender

My question involves criminal law for the state of: California

I was caught stealing 150 dollars worth from sears and i got arrested and had to get bailed out. they charged me with a 459 burglary and felony. i am a 1st offender and i dnt understand y they would say its a felony. shouldnt it b petty theft and a misd? i got a letter from there lawyer talking about the penal code 490.5. they want me 2 pay 400 and it says that the payment demanded made uopn me does not prevent criminal prosecution under a related criminal statute provision. what does that mean? it also says that i should pay the amount or they may hire a civil counsel and take more legal steps. does that mean that im being charged with both penal codes 459 and 490.5? am i going to go to jail again?

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they want me 2 pay 400 and it says that the payment demanded made uopn me does not prevent criminal prosecution under a related criminal statute provision. what does that mean? it also says that i should pay the amount or they may hire a civil counsel and take more legal steps.

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What you are being required to do is pay a restitution (aka Civil Demand),
they are telling you if you don't pay they will take you to civil court. If they
do that it will cost you much more than $400. It would be seriously
unwise not to pay the restitution

They are also saying that paying the restitution doesn't stop them from
taking you to criminal court for the 459

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Quoting aoangelita04

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I was caught stealing 150 dollars worth from sears and i got arrested and had to get bailed out. they charged me with a 459 burglary and felony. i am a 1st offender and i dnt understand y they would say its a felony. shouldnt it b petty theft and a misd?

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If they can show that you entered the premises with the intent to commit any theft, they can charge you with 2nd degree burglary per PC 459.

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i got a letter from there lawyer talking about the penal code 490.5.

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That's the shoplifting statute and probably what the attorney thinks you can get a plea deal to (for petty theft shoplifting).

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they want me 2 pay 400 and it says that the payment demanded made uopn me does not prevent criminal prosecution under a related criminal statute provision. what does that mean?

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As previously mentioned, it is a civil demand that goes above and beyond any criminal penalties. Failure to pay could result in a civil suit.


- Carl

i was thinking that because the sears lawyer said it was a 490 code that maybe they had reduced the charges already b4 the actual court date. is that possible? i did pay the 400.

also how can they prove that it was intent? does that mean i can go 2 jail? it was less than 400.

PC 490.5 contains the language authorizing the civil assessment. The state can choose to drop the matter or reduce it should they decide to.

And they prove intent in a number of ways ... statements, bringing tools to commit the theft with you, entering the store with no means of payment, etc. You can probably work out a plea to the misdemeanor, though.

- Carl

if i am able to have my lawyer change it 2 a misd does that mean i can still do jail time?

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Quoting aoangelita04

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if i am able to have my lawyer change it 2 a misd does that mean i can still do jail time?

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Yes. But, it's unlikely you'd do more than two as that is all they need to make your next theft a felony.

- Carl

2 yrs? i told the cops that it just happened and i offered to pay for the stuff. they asked me y i did it n i said cuz i was stupid. is that proof right there?

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Quoting aoangelita04

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2 yrs?

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Two days ... and probation.

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i told the cops that it just happened and i offered to pay for the stuff. they asked me y i did it n i said cuz i was stupid. is that proof right there?

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That, combined with the statements of store staff and maybe video, yep.

- Carl