All Posts by Hieu Vu

Falsifying, Altering, or Counterfeiting a Driver’s License

Falsifying, Altering, or Counterfeiting a Driver’s License

Falsifying, Altering, or Counterfeiting a Driver’s License is a serious crime that can land you in jail or possibly in some severe cases, prison. Falsifying, Altering, or Counterfeiting a Driver’s License is known as duplicating, reproducing, or counterfeiting a driver’s license. Now to be legally be charged with Falsifying, Altering, or Counterfeiting a Driver’s License you have to meet 2 conditions. 1. you altered, falsified, forged, etc. a driver’s license. and 2. when you did that act, you intended to use the altered, falsified, forged, driver’s license to commit forgery. You intend to commit forgery if he or she uses a counterfeit document to deceive another person to cause a loss of or damage to a legal, financial, or property right. Falsifying, Altering, or Counterfeiting a Driver’s License can include anything from erasing r changing parts of the document that affects legal, financial, or property right. This means that simply changing your date of birth that says that you are 21 instead of 19 to buy alcohol falls under that category. Its an important thing to know that no one has to be defrauded or suffer any losses because of your acts. Simply just making the counterfeit license, with the intentions of defrauding is enough. IntentionFalsifying, Altering, or Counterfeiting a Driver's License plays a huge role in most criminal cases. Without the intention to do anything unlawful, you are then innocent. You cannot commit a crime if you did not intend to do it. This means that if you had a friend that made a lot of counterfeit drivers license cards and took one of his/hers instead yours in accident. As long as you didn’t intend to do anything wrong with them, you should not be able to be charged with Falsifying, Altering, or Counterfeiting a Driver’s License.

If you or a loved one was charged with Falsifying, Altering, or Counterfeiting a Driver’s License, you need a competent attorney that is willing to fight for you.

Petty Theft with a Prior

Petty Theft with a Prior

In order to understand what Petty Theft with a Prior is, we have to cover what is petty theft.

Petty theft is the unlawful taking of property or money that totals under $950. The means of taking the property has to be be non violent, and mostly involves trickery and fraud. Petty Theft is different from robbery and burglary however, and those two come with different penalties. Petty theft is a misdemeanor that could land you in jail for 6 months. Along with a $1,000 fine.

So what is Petty Theft with a Prior?

Petty Theft with a Prior is the repeat offense of committing another theft crime after being convicted of one in the past. Being convicted means that you served a term in an institution for hat conviction. So that means if you were charged but not convicted since you won your previous case, this might not be the case for you. The 2 conditions you have to meet in order to be charged with Petty Theft with a Prior are 1. you were previously convicted of a theft offense. and 2. you served a term in a penal institution for that conviction. So in order for you to even to have a conviction you had to have served time for it. However penal institutioninpetty theft with a prior isn’t limited to just jail or prison. Legally a penal institution is jail, prison, or any facility, camp, hospital, or institution operated to hold, train, treat, discipline people in custody under the Department of Corrections/ federal prison/ etc.

Petty Theft with a Prior conviction does not actually happen just because you had a previous conviction. Fortunately you have to be convicted of 3 or more convictions from theft crimes. Or just one along with a serious felony conviction or a sex crime conviction that made you register as a sex offender.

If you or or someone you know may be charged with Petty Theft with a Prior you need an attorney to represent you.

Theft Degrees Petty Theft and Grand Theft

Theft Degrees Petty Theft and Grand Theft

Before we get into Petty theft and Grand theft we have to know what thefttheft degrees is.

Theft Definition

Simply it is the taking of another person’s property without his/her consent. And when you took the property you intended to deprive the owner of it or remove it for a period of time so that the original owner would be deprived of a major part of the value or enjoyment of the property. However that is just the basics of it. Theft can be done in multiple types of ways. Therefore the actual action of theft is different from case to case. In one case you may commit theft by actually physically picking up the property and moving it, this is known as larceny.

Theft degrees

Theft degrees is divided into two. However it is easy where to draw the line between the two. Theft degrees is split into two, these two are known as petty theft and grand theft. Petty Theft is stealing property that is valued at $950 or less. The items were not guns, or cars. And that they were not directly taken off another person (i.e. a mugging). This most common type of petty theft is shoplifting. Grand theft is on the other end of the spectrum. You can see grand theft if you stole property values at $950 or more. If it was a gun or car. Or if it was directly off someone.

Punishments for Both

Being charged with petty theft is a misdemeanor. You usually will see up to a $1000 fine and or up to 6 months in jail. Grand theft is a wobbler. This means it can be either a misdemeanor or a felony. It is based off of your criminal history and facts of the case. As a misdemeanor you can see up to a year in jail. As a felony you can see up to 3 years in prison. If the property stolen was a gun then there is no misdemeanor option.

Burglary Degrees

Burglary Degrees

Before we get into Burglary Degrees we have to understand what burglaryburglary degrees is.

Burglary Definition

Burglary is defined as 1. you entered a building, room, locked vehicle. and 2. When you entered the building, room, locked vehicle, you intended to commit theft or commit other felonies. You do not actually have to commit the theft, only that you had the intent to.

Burglary Degrees

Just like robbery burglary degrees is divided in two. 1st degree burglary will receive more/harsher punishments than 2nd degree will. In order to be charged with 1st degree burglary you have to meet certain conditions. You can be charged with it if you committed burglary in an inhabited dwelling such as a house, trailer, floating home, part of a building such as an apartment. In short, structures where people are living in, also considered as residential burglary are considered 1st degree. A house/trailer/part of a building is inhabited if someone uses it as as shelter or dwelling regardless of whether they’re in it or not. this means that if they had to leave their shelter, house, building, due to a natural disaster or because some other disaster made them leave temporarily. It is still considered inhabited. It is only no inhabited if the former residents have moved out and do not intend to return. So what does this mean. Most privately owned shelters such as houses, trailers, ships, etc.. are the targets of burglary you looking at burglary of the 1st degree. All other types of burglaries are considered second degree.

Punishments for both types.

1st Degree burglary is always a felony. You can see up to 6 years in prison for this act and wil add a strike to your three strike record. For second degree burglary it is a wobbler. This means it  can be a misdemeanor or a felony depending on your history and the facts of the case. As a misdemeanor you can see up to a year in jail . As a felony you could see up to 3 years.