On Sunday, Spectrum police officers were called to the Apple Store after loss prevention detained a man who walked out with two display iPhones, according to the Irvine Police Department.
During the investigation, the police officers searched the suspect’s backpack and found seven additional iPhones that had been taken from Apple Stores across Southern California.
Serigne Fallou Niang, 18, from New York, was arrested for burglary, grand theft, and receiving stolen property.
Legal Penalties Faced by the Suspect
Serigne Fallou Niang, 18, faces significant legal penalties in California for his arrest on charges of burglary, grand theft, and receiving stolen property.
Since he is 18 years old, he will be prosecuted as an adult rather than a juvenile. In California, the specific penalties for these crimes depend on whether they are charged as misdemeanors or felonies, a distinction often based on the value of the stolen items and the defendant’s prior record.
Potential Penalties by Charge
- Burglary (Second-Degree/Commercial): Because the incident occurred at an Apple Store (a commercial establishment), it is classified as second-degree burglary.
- Felony: 16 months, 2 years, or 3 years in county jail or state prison.
- Misdemeanor: Up to 1 year in county jail.
- Fine: Up to $10,000.
- Grand Theft: This charge typically applies when the value of stolen property exceeds $950. Given that nine iPhones were involved, the total value likely far exceeds this threshold.
- Felony: 16 months, 2 years, or 3 years in state prison.
- Misdemeanor: Up to 1 year in county jail.
- Fine: Up to $10,000.
- Receiving Stolen Property: This charge covers the seven additional iPhones found in his backpack.
- Felony: 16 months, 2 years, or 3 years in state prison.
- Misdemeanor: Up to 1 year in county jail.
- Fine: Up to $10,000.
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Additional Consequences
- Restitution: Niang may be ordered to pay full restitution to Apple for the value of any unrecovered or damaged merchandise.
- Probation: A judge may grant formal (felony) or informal (misdemeanor) probation in lieu of or in addition to jail time.
- Criminal Record: A felony conviction would result in a permanent criminal record, which can severely limit future employment and housing opportunities.