Over the weekend, the Huntington Beach Police Department received a call from a local shopping center employee who noticed a man checking car door handles and eventually entering a car.
When the police officers arrived, they found the man hiding in the backseat of a car that wasn’t his.
Not only that, the suspect also had stolen property, multiple IDs, credit cards that didn’t belong to him, as well as burglary tools, and narcotics.
After a little more digging, the officers discovered that the suspect was no stranger to this kind of behavior, with prior convictions for theft and drug possession.
The suspect was arrested on various charges and booked at the HBPD jail.
Remember, crime doesn’t pay in HB, and the local officers are committed to apprehending those who choose to break the law.
A man with prior convictions for theft and drug possession is facing a significant number of potential charges with potentially severe penalties due to his prior record and the nature of the new offenses. Here’s a breakdown of the potential charges and penalties he could face:
Potential Charges
Based on the recovered items and the circumstances, the man could face the following charges:
- Vehicle Code Violation (Being in a Vehicle Without Consent – California Vehicle Code § 10852): Being found in the backseat of a car that isn’t his without the owner’s consent is a misdemeanor.
- Possession of Stolen Property (California Penal Code § 496): Possessing property that is known to be stolen can be charged as a misdemeanor or a felony depending on the value of the property and the suspect’s prior record. Given his prior theft conviction, it’s more likely to be charged as a felony.
- Identity Theft (California Penal Code § 530.5): Possessing multiple IDs and credit cards that don’t belong to him is a serious offense and is typically charged as a felony. Each ID and credit card could potentially lead to a separate count.
- Possession of Burglary Tools (California Penal Code § 466): Possessing tools knowingly designed to commit burglaries is a misdemeanor. However, given the other charges, this could be considered in the context of more serious offenses.
- Narcotics Possession (California Health and Safety Code § 11350 et seq.): Possession of narcotics is a criminal offense. The specific charge and penalty depend on the type and quantity of the narcotics. Given his prior drug possession conviction, he will likely face more severe penalties. This could be charged as a misdemeanor or a felony depending on the substance.
- Probation Violation (California Penal Code § 1203.2): Since he has prior convictions for theft and drug possession, he was likely on probation. This new arrest and the alleged offenses would constitute a violation of his probation, which could lead to additional jail or prison time related to his previous cases, regardless of the outcome of the new charges.
Potential Penalties
Given his prior convictions, the penalties for these new offenses will likely be enhanced. California’s “Three Strikes” law could also come into play, especially if any of the new felony charges qualify as a “strike.”
Here’s a breakdown of potential penalties for each charge:
- Vehicle Code Violation (§ 10852 VC): Up to six months in county jail and/or a fine of up to $1,000.
- Possession of Stolen Property (§ 496 PC):
- Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000.
- Felony: 16 months, 2, or 3 years in state prison and/or a fine of up to $10,000. Given his prior theft conviction, a felony charge is highly probable.
- Identity Theft (§ 530.5 PC): Felony, punishable by 16 months, 2, or 3 years in state prison and a fine of up to $10,000 per count. With multiple IDs and credit cards, the potential for multiple felony counts and a lengthy prison sentence is significant.
- Possession of Burglary Tools (§ 466 PC): Misdemeanor, punishable by up to six months in county jail and/or a fine of up to $1,000.
- Narcotics Possession (Health and Safety Code): Penalties vary widely depending on the type and quantity of the drug.
- Misdemeanor (e.g., some amounts of personal use): Up to one year in county jail and/or a fine of up to $1,000.
- Felony (e.g., larger quantities, certain substances, or with prior drug convictions): Could range from 16 months to several years in state prison and significant fines. His prior drug conviction makes a felony charge and a more severe sentence likely.
- Probation Violation (§ 1203.2 PC): The court could revoke his probation and sentence him to the maximum possible jail or prison term for his original theft and drug possession convictions. This could be served consecutively with any sentences for the new offenses.
Impact of Prior Convictions and Three Strikes Law
His prior convictions for theft and drug possession will significantly impact the sentencing for these new charges. They can lead to:
- Felony Charges: Even for offenses that could be misdemeanors for someone with no prior record, his history could elevate them to felonies.
- Enhanced Sentences: For any felony convictions, his prior record can lead to longer prison terms.
- Three Strikes Law: If any of the new felony charges (like identity theft or felony possession of stolen property) are considered “strikes” under California law, and given his prior theft conviction could also be a “strike” depending on the specifics, he could be facing significantly harsher penalties under the Three Strikes law. A second strike could double the sentence for a new felony conviction. A third strike could lead to a sentence of 25 years to life in prison.
Conclusion
The man is facing a multitude of serious charges in Huntington Beach. Given his prior record, especially the theft and drug possession convictions, he is at high risk of facing felony charges, significant prison time, and potential consequences under California’s Three Strikes Law. The number of IDs and credit cards could lead to multiple counts of identity theft, further increasing his potential sentence. Additionally, his probation violation will likely add to his overall incarceration time. He will need experienced legal counsel to navigate these complex charges and potential penalties.
What a fool that guy was by checking car door handles to get in someone’s car…. Let alone he was being watched. He should of left the shopping center & keep on going