Lindsay Lohan is being accused of stealing a $2,500 necklace from a store in Venice Beach. Investigators claim they have surveillance footage of the 24 year old actress wearing the necklace inside the store shortly before it was discovered missing. A search warrant was obtained to search Lohan’s home, but the necklace was returned by an associate before authorities got a chance to present the warrant. Sources of the actress defend that she was lent the necklace and her assistant failed to return it on time.
Theft is defined as the unlawful stealing, taking, or carrying away of the personal property of another. When the item in question is valued over $950, it is considered Grand Theft and is regulated by California Penal Code §487. If charged, Lohan could potentially be facing a Grand Theft conviction.
Grand theft in the state of California is a wobbler. A wobbler is a charge that can be filed as either a misdemeanor or a felony depending on several factors. Prosecution will look at your criminal history and the specific facts and circumstances of the case.
If convicted a potential sentence will fall under a wide range of options provided under the law. Potential consequences may include no jail time to two years in prison and a fine . The facts of the case as well as any prior record will determine what the prosecutor is seeking for a penalty.
Enhancements can aggravate the alleged charge. Enhancements are added circumstances that serve to make the charge more serious. For example, if you have multiple similar offenses in the past, or on probation, it will result in a higher sentence. Similarly, if the value of the item stolen is incredibly high ($65,000 and above) it will greatly enhance the potential penalties.
The valuable part of having a wide sentencing range, is that there is much room for negotiation. An experienced Los Angeles Theft attorney has handled thousands of theft cases and knows exactly how to present a strong case. A well prepared defense and a powerful argument on your behalf can significantly reduce all potential penalities.