Last week, Orange County Sheriff deputies in Dana Point responded to Organic Nail Lounge regarding a burglary and forgery that occurred earlier this month, during which the suspect stole cash and a customer check.
Deputies utilized technology to identify and locate the suspect’s vehicle in the Capistrano Beach area the same day the report was taken.
When they arrived, the suspect was still on scene and was found to be on probation.
The suspect was detained and he was taken into custody.
The suspect’s beach day came with an unexpected change of plans.
Legal Penalties Faced by the Suspect
Based on the details of the incident at Organic Nail Lounge in Dana Point and California sentencing laws, the suspect faces potential penalties for burglary, forgery, and a probation violation. Under California law, both second-degree (commercial) burglary and forgery are “wobbler” offenses, meaning they can be charged as either a felony or a misdemeanor depending on the case facts and the suspect’s criminal history.
Potential Penalties for Burglary and Forgery
The suspect was arrested for burglary and forgery involving cash and a customer check. In California, these charges carry the following potential sentences:
- Second-Degree (Commercial) Burglary:
- As a Felony: 16 months, two years, or three years in state prison or county jail, and a fine of up to $10,000.
- As a Misdemeanor: Up to one year in county jail and a fine of up to $1,000.
- Forgery (Penal Code 470):
- As a Felony: Up to three years in prison, a fine of up to $10,000, and potential victim restitution.
- As a Misdemeanor: Up to one year in county jail and a fine of up to $1,000.
Impact of Probation and Prior History
Because the suspect was already on probation at the time of the arrest, they face additional legal consequences:
- Probation Violation: A court has the legal authority to sentence an individual who violates probation to up to three years in county jail.
- Restitution: Forgery convictions resulting in financial gain typically require the suspect to pay back the amount defrauded to the victim.