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Criminal Law Blog
July 20, 2023
- By Tarek Shawky
Are you facing a challenging homicide case in Los Angeles, Orange County, or Riverside involving ballistics evidence? At Shawky Law
July 20, 2023
- By Tarek Shawky
Are you in need of a skilled defense attorney in California specializing in criminal law? Look no further. Our experienced team of California defense attorneys
July 19, 2023
- By Tarek Shawky
FREQUENTLY ASKED QUESTIONS
What's the difference between theft and robbery?
Some clients who are caught shoplifting are surprised to find out that the prosecutor charged them with felony robbery in violation of California Penal Code section 211, a serious and violent strike offense. In California, a misdemeanor shoplift can be charged as a robbery if the suspect uses force or fear to in the course of the theft. That means if a shoplifter bumps the security guard on his way out of the store, the offense becomes a robbery. If you’ve been charged with a robbery, you have options, call us for a free consultation.
Did Prop. 47 make all thefts misdemeanors?
On November 4, 2014, California voters passed Prop. 47, which reduced certain drug and theft offenses to misdemeanors. The law established a threshold of $950 in order to charge a theft as a felony. Theft crimes involving more than $950 in property or loss are still treated as felonies. Residential burglaries and robbery offenses are also still considered felonies regardless of the loss amount.
I was arrested for stealing. Will I be charged with a felony or misdemeanor?
There are a number of theft charges in the penal code. Whether the charge is a felony or a misdemeanor depends on the value and circumstances of the alleged theft. Theft of more than $950 in cash, goods or services is generally charged as a felony in California. Theft from a residence is a felony strike. Theft involving force or fear is felony robbery, a serious and violent strike offense. Less than $950 is charged as a misdemeanor pursuant to Prop. 47.
Is spitting on someone assault?
In Los Angeles, California, spitting on someone can potentially be considered an assault. Assault, as defined by California law, includes any willful and unlawful attempt to use force or violence upon another person. This definition encompasses both physical acts and actions that cause offensive contact. Spitting on someone without their consent can be interpreted as an act of offensive contact and may be considered an assault. However, it is important to consult with a criminal defense attorney who is knowledgeable about the specific laws and legal interpretations in Los Angeles, as there may be additional factors or nuances that could affect the classification or potential consequences of such an incident.
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