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Michael Berg

Michael Berg, Certified Specialist in Criminal Law


San Jose Theft – Whether You'll be Charged With a Misdemeanor or a Felony

A prominent attorney remarked, "There are so many laws on the books I think I must personally break at least five every day without even knowing it." If that is so for an educated attorney, it can be especially confusing for the average person. It is true that the quantity of laws for the United States and for each jurisdiction, state, county and city are practically uncountable. Even when you know what the specific offense is, it may still be filed as a misdemeanor or a penalty.

An offense that can be charged as either a misdemeanor or a felony is called a wobbler. For example, in California, if you stole an item valued at $200.00, it would normally be classified as a misdemeanor, but if you have a prior history of theft, at the discretion of the district attorney, it can be elevated to a felony. He will look at the totality of your background and make a decision. Your criminal defense attorney will voice his support for the offense to be filed as a misdemeanor. Your attorney's vigorous representation can save you from being charged with a felony – if the D.A. agrees. And often, he will. If you were charged with a theft crime, call us now for a free consultation to discuss your case. If you decide that you want us to represent you, we can start immediately.