Understanding Misdemeanor Petty Theft and Possession Charges in San Mateo

May 10, 2011

Navigating the legal landscape of misdemeanor charges, particularly petty theft and possession, can be complex and daunting. This guide aims to provide a clear understanding of misdemeanor petty theft, possession laws, and the implications of these charges in San Mateo County. It will also discuss the broader context of California possession laws and offer advice on handling misdemeanor possession charges.

Misdemeanor Petty Theft in San Mateo

Petty theft, classified as a misdemeanor, involves the unlawful taking of property valued at $950 or less. It is one of the most common types of theft charges in California.

Key Points about Misdemeanor Petty Theft:

1. Definition: Petty theft typically includes shoplifting, stealing small items, or taking property without the owner’s consent.
2. Penalties: A conviction can result in up to six months in county jail, fines up to $1,000, and possible community service or probation.
3. Defenses: Common defenses include lack of intent to steal, mistaken identity, or the claim that the property was rightfully yours.

Misdemeanor Possession: What You Need to Know

Misdemeanor possession refers to the unlawful possession of controlled substances for personal use. The specifics of the charge can vary based on the type and amount of drug found.

Factors Influencing Charges:

1. Type of Substance: Certain substances, like ecstasy, are classified as “wobblers,” meaning they can be charged as either misdemeanors or felonies.
2. Quantity: The amount of the substance found can significantly affect whether the charge remains a misdemeanor or is elevated to a felony.
3. Intent: If the drugs are packaged in a manner suggesting they are for sale, the charges can be more severe.

Overview of California Possession Laws

California’s possession laws are stringent, aiming to curb the abuse and illegal distribution of controlled substances.

Key Aspects:

1. Personal Possession: Under California Health and Safety Code Section 11377, personal possession of controlled substances like ecstasy can be a misdemeanor or felony, depending on the case specifics.
2. Possession for Sale: More severe charges arise under Sections 11378 and 11379, involving possession with intent to sell or transportation of drugs, which are classified as felonies.
3. Penalties: Misdemeanor possession can lead to up to one year in county jail and a $1,000 fine, while felony charges carry much harsher penalties, including longer prison terms and higher fines.

Handling a Misdemeanor Possession Charge

Facing a misdemeanor possession charge can be overwhelming, but understanding your options and seeking proper legal representation can significantly impact the outcome.

Steps to Take:

1. Seek Legal Counsel: Contact an experienced defense attorney who specializes in drug-related offenses. They can provide valuable guidance and representation.
2. Understand Diversion Programs: California offers drug diversion programs like Proposition 36, which allows non-violent drug offenders to undergo treatment instead of serving jail time. Successful completion of these programs can lead to dismissal of the charges.
3. Negotiate Plea Bargains: An attorney can help negotiate plea deals that might reduce your charges from possession for sale to simple possession, significantly lowering potential penalties.

Frequently Asked Questions about Possession Charges

1. What constitutes misdemeanor possession in California?
Misdemeanor possession involves having a small amount of a controlled substance for personal use without intent to distribute.

2. Can a misdemeanor possession charge be elevated to a felony?
Yes, if the quantity is large or there is evidence suggesting intent to sell, the charge can be elevated to a felony.

3. What are the penalties for misdemeanor possession of ecstasy?
Penalties include up to one year in county jail and a maximum fine of $1,000. Felony charges carry more severe penalties, including longer prison terms and higher fines.

4. What is Proposition 36?
Proposition 36 is a California initiative that allows non-violent drug offenders to receive treatment instead of incarceration. Successful completion of the program can lead to the dismissal of charges.

5. How can a defense attorney help with a possession charge?
An experienced defense attorney can negotiate plea bargains, seek reduced charges, argue for alternative sentencing like diversion programs, and provide representation in court to protect your rights.

Conclusion

Understanding the intricacies of misdemeanor petty theft and possession charges is crucial for anyone facing these allegations in San Mateo County. With stringent laws and significant penalties at stake, seeking experienced legal representation is essential. A knowledgeable attorney can help navigate the complexities of the legal system, negotiate favorable outcomes, and ensure your rights are protected. If you are facing misdemeanor possession or petty theft charges, contact a qualified defense attorney today to discuss your case and explore your legal options.

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