On at least four occasions, a male suspect has stolen bottles of wine from a Target store in Irvine, according to the Irvine Police Department.
The suspect appears to be an Asian male. In pictures released by the IPD he was wearing glasses and in one case a blue t-shirt and in another a gray t-shirt. In both cases he had some kind of bag slung over his shoulder. He has dark medium length hair and a slim build.
If you can help identify this man with a taste for mischief and a robust disregard for the law, “raise a glass” and contact mricci@cityofirvine.org with any juicy info.
Stealing bottles of wine from a Target store in Irvine, CA, at least four times can lead to significant penalties, which escalate with repeat offenses. Here’s a breakdown of what someone might face:
General Shoplifting and Petty Theft Laws in California:
- Shoplifting (California Penal Code 459.5 PC): This is defined as entering a commercial establishment with the intent to steal property valued at $950 or less, while the store is open during regular business hours. It is generally charged as a misdemeanor.
- Petty Theft (California Penal Code 484(a) PC): This broadly covers the theft of property valued at $950 or less. Shoplifting is a specific type of petty theft.
Penalties for Misdemeanor Shoplifting/Petty Theft (each individual offense, if charged as a misdemeanor):
- Up to six months in county jail.
- A fine of up to $1,000.
- Probation (typically 1 to 2 years of summary probation).
- Restitution to the store (paying back the value of the stolen wine).
- Possible restraining order barring the person from entering the Target store.
- Completion of community service hours or an anti-theft class.
Consequences of Repeat Offenses (Four or More Times):
The fact that the individual has stolen “at least four times” significantly increases the severity of the potential penalties, even if the value of the wine in each instance was less than $950. California law has provisions for repeat theft offenders.
- Felony Charges for Repeat Offenses (California Penal Code 666.1 PC and Proposition 36): With two or more prior theft convictions (including petty theft, grand theft, burglary, robbery, or carjacking), even if the amount stolen is under $950, a subsequent petty theft or shoplifting charge can be elevated to a felony. This is due to recent changes under Proposition 36, which allows prosecutors to charge repeat offenders with felonies.
- Felony Penalties:
- 16 months, 2 years, or 3 years in county jail (or state prison for certain prior offenses).
- Fines up to $10,000.
- Felony Penalties:
- Accumulation of Value: While each instance of wine theft might be under $950, prosecutors in Orange County (Irvine) can sometimes aggregate the value of stolen items from multiple repeat thefts by the same individual to reach the grand theft threshold ($950 or more), potentially leading to grand theft charges. Grand theft can be charged as a misdemeanor or a felony, with felony grand theft carrying up to three years in prison.
- “Three Strikes” Law: While not directly applicable to typical misdemeanor shoplifting as a “strike” offense, certain serious or violent felony priors can still impact sentencing. If the individual has prior convictions for specific violent or serious felonies, a new felony conviction could trigger California’s “Three Strikes” law, leading to much harsher sentences (e.g., 25 years to life for a third strike).
- Diversion Programs: For first-time, non-violent offenders, diversion programs (like completing classes, community service, or restitution) might be an option to avoid jail time and a criminal conviction. However, with “at least four times” stealing, it’s highly unlikely they would qualify for a first-time offender diversion program. Repeat offenders may still be referred to a theft diversion or deferred entry of judgment program at the discretion of the prosecutor or probation department, especially if there are underlying issues like substance abuse.
Important Considerations for Irvine, CA (Orange County):
- Orange County District Attorney’s Stance: The Orange County District Attorney’s office has expressed a stricter approach to repeat retail theft offenses, utilizing Proposition 36 to pursue felony charges more readily for repeat shoplifters. They emphasize both accountability and the availability of treatment programs for underlying issues.
- Civil Demand Letters: In addition to criminal charges, the Target store may send a civil demand letter asking for full restitution and up to $500 to cover costs incurred by the alleged theft. This is separate from any criminal penalties.
In summary, stealing bottles of wine from Target in Irvine, CA, at least four times, would likely lead to serious criminal charges. Given the repeated nature of the offenses, it’s highly probable that the individual would face felony charges, even if the value of each individual theft was relatively low, leading to potential jail time (county jail or state prison depending on prior record), substantial fines, and a lasting criminal record.
It is crucial for anyone facing such charges to consult with an experienced criminal defense attorney in Orange County, California, as soon as possible. An attorney can assess the specifics of the case, explain the legal options, and build a defense strategy.
