automatic felony?

[paythepiper]

What is the name of your state? california
is penal code 666 (petty theft with a prior) automatically a felony?

 

[HomeGuru]

duplicate post.

 

[TYRIS]

What is the name of your state? california
is penal code 666 (petty theft with a prior) automatically a felony?

- 666 PC: Every person who, having been convicted of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of petty theft, then the person convicted of that subsequent offense is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.

is it automatically a felony? no.

the code section is what is called a "wobbler", which means it can be charged as a felony or a misdemeanor. generally all wobblers are charged by law enforcement as a felony due to it being the higher charge. this in turn can be used by the district attorney to plea bargain down to the misdemeanor punishment. however, it usually depends on the suspects prior criminal history.

Tyris