Shoplifting, Larceny, Robbery, Theft Petty Theft California( help please )

[imintrouble]

im 14 and about 1-2months ago i got charged with assualt at school for fighting. and i had to goto a Probation Office to have a meeting . The PO said i didnt have to goto court but i had to do something like talk to the person who i got into a fight with.. and on11/15/05 i got arrested for stealing a cell phone at school ( RAZOR . the phones name ) i think its about 350 dollars. what will happen to me ? will i goto juvy for this? or can i get community service/probation instead? or will the judge let me off ( i doubt it ) because i got introuble at school for fighting.. on my ticket it says " 625/484(a) PL Petty Theft . and its Circled as a Misdemeanor.. but someone told me that it wasnt and that it was more serious

please reply thanks

 

[Michael Wechsler]

im 14 and about 1-2months ago i got charged with assualt at school for fighting. and i had to goto a Probation Office to have a meeting . The PO said i didnt have to goto court but i had to do something like talk to the person who i got into a fight with.. and on11/15/05 i got arrested for stealing a cell phone at school ( RAZOR . the phones name ) i think its about 350 dollars. what will happen to me ? will i goto juvy for this? or can i get community service/probation instead? or will the judge let me off ( i doubt it ) because i got introuble at school for fighting.. on my ticket it says " 625/484(a) PL Petty Theft . and its Circled as a Misdemeanor.. but someone told me that it wasnt and that it was more serious

Let's start off with the code:

CALIFORNIA PENAL CODE SECTION 484-502.9

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.

CALIFORNIA PENAL CODE SECTION 625

625. Every person who, with intent to defraud or injure, opens or
causes to be opened, or draws water from any stopcock or faucet by
which the flow of water is controlled, after having been notified
that the same has been closed or shut for specific cause, by order of
competent authority, is guilty of a misdemeanor.


However, juveniles are dealt with differently than adults. A misdemeanor is generally punishable by up to less than 1 year in jail. Petty crimes are generally up to 30 days and $500 fine offenses but in CA it seems to be up to 6 months and $1,000 -- but there is also discretion of the prosecutor, see below.. It's difficult to say what will happen, perhaps probation of sorts but these are serious crimes. I don't know what the assault means and whether it was recorded and able to be used as a crime to count against the "three strikes" law which can put you into more serious trouble in CA. You should really think of the consequences before you act next time -- you're 14, way too young to be burdened with these problems. Hopefully you can appreciate that doing unto others as you hope they deal with you is a good motto to live your life by. Good luck and hope all works out for you.

 

[Michael Wechsler]

CALIFORNIA PENAL CODE 490

490. Petty theft is punishable by fine not exceeding one thousand
dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or both.

490a. Wherever any law or statute of this state refers to or
mentions larceny, embezzlement, or stealing, said law or statute
shall hereafter be read and interpreted as if the word "theft" were
substituted therefor.

490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.

A violation which is an infraction under this section is punishable by
a fine not exceeding two hundred fifty dollars ($250).