Burglary & Petty or Grand Theft & How Prop 47 these charges

Burglary is codified in Penal Code section 459 and is defined as entering a structure with the intent to commit a larceny or any felony therein. It is a common charge in San Diego. Burglary is commonly referred to as breaking and entering; however, prosecutors often charge burglary in cases involving no actual breaking. For example, if you are accused of stealing merchandise from a retail store, you could be charged with commercial burglary in addition to theft. Burglary carries a wide range from a 6-year state prison sentence to a misdemeanor.

If you are facing burglary charges, it is important to hire an attorney immediately. Burglary charges can often be reduced or dismissed entirely due to lack of evidence in one or more of the elements necessary to obtain a conviction for burglary. At the Law Offices of Mark Deniz we take a proactive approach with your case. The facts can be presented that there was a big misunderstanding. Things are not always what they appear to be at the outset.


Common San Diego Theft Charges

Some of the most frequently occurring types of theft cases are:

Grand Theft

Grand Theft in California is generally theft in an amount of more than $950. A theft above the $950 amount may be filed as either a misdemeanor or felony, depending on a person's criminal history, circumstances of the case, as well as prosecuting agencies internal filing policies. If convicted of grand theft, a person can face up to three years in custody. If the amount of theft is over $50,000, a person faces enhancements of one to two additional years in prison. These factors make it especially important to have the representation of San Diego Theft Attorney Mark Deniz.

Petty Theft/Shoplifting

A Petty Theft is generally theft in an amount of $950 or less. If a person has no criminal history, a San Diego petty theft is often charged as a misdemeanor. A misdemeanor petty theft conviction can result in six months jail time and fines of $1,000 plus penalty assessment and fees. Under recent California law, if a person has been convicted of three prior petty theft violations, and is charged with a fourth violation, the fourth violation can be charged as a felony.

Petty Theft Attorney


Petty Theft is a charge that is very common in San Diego. It can be someone accidentally walking out of a Mission Valley store with an item while on the phone to a mother walking out of a department store distracted by her children. Because of the substantial consequences in any theft case, your first step is to contact trusted and experienced San Diego Theft Attorney Mark Deniz to deal with your case.

The Law Offices of Mark Deniz focuses substantial efforts on 1st-time shoplifting and petty theft cases, and makes extraordinary efforts to steer cases away from court, whenever possible, and into alternatives such as "Diversion" and other programs.

Contact San Diego attorney Mark Deniz today at 858-429-9982 to find out what theft case strategies may be effective for you.

SAN DIEGO THEFT ATTORNEY


If you have been accused of theft, you need the trusted and experienced San Diego Theft Attorney who understands effective and innovative approaches, someone who emphasizes creative resolutions for his clients in theft cases, and provides personal attention for his clients. That attorney is Mark Deniz
Mark Deniz understands how a theft case, such as shoplifting, can have long-term consequences, such as a bar to future employment, and significant negative immigration consequences for non-citizens. He works tirelessly for clients with theft cases, focusing on all available alternatives.

Contact us now at 858-429-9982, to find out about available strategies for your San Diego theft case.

Proposition 47

Prop 47 was passed in November 2014.  It dramatically changed the landscape of theft crimes.  It is a change that is imperative to know if you are facing these charges.

Specifically, the proposition will lower: (1) shoplifting, grand theft, or receiving stolen property when the value stolen is doesn't surpass $950; (2) forgery or fraud where the value of the check, draft, order, bond or bill doesn't surpass $950; (3) writing a bad check if the value doesn't surpass $950; and (4) the person use of many illicit drugs.

The crimes that are covered by the new law are as follows:

  • Penal Code 459, Commercial Burglary (during business hours and less than $950)
  • Penal Code 470, Forgery (less than $950)
  • Penal code 476(a), NSF Checks (less than $950)
  • Penal Code 487, Grand Theft (less than $950)
  • Penal Code 496(a), Possession of Stolen Property (less than $950)
  • Penal Code 666/484(a), Petty Theft with Prior Convictions (less than $950)
  • Health & Safety Code 11350(a), Possession of a Controlled Substance
  • Health & Safety Code 11357(a), Possession of Concentrated Cannabis
  • Health & Safety Code 11377(a), Possession of Methamphetamine

*** There are exceptions to the law.  People with a prior conviction for the offenses listed in Penal Code 667(e)(2)(C) or those who were convicted of an offense requiring registration pursuant to Penal 290(c) are not eligible under this law.


If you are facing one of these charges call the Law Office of Mark Deniz now to ensure your case is properly defensed.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-429-9982 or send an email to mark@denizdefense.com.