I don’t spend a lot of time on this site discussing celebrity gossip, but the Lindsay Lohan felony grand theft case serves as an excellent excuse to discuss theft charges in California.
Felony grand theft is charged under California Penal Code 487 and is defined as “the unlawful taking of another’s property valued above $950.” If you are convicted of grand theft as a felony, the possible sentences are state prison for 16 months, two years or three years. That’s right, Ms. Lohan is facing a state prison sentence this time around.
The alleged incident occurred when Lohan left a Venice, California jewelry store by the name of Kamofie & Company with a $2,500 necklace around her neck. Lohan contends that she was told by the owner of the jewerly store that she could wear the necklace on loan. Jewerly stores sometimes allow celebrities to borrow and wear their jewerly in exchange for free publicity. Lohan also notes that the owner of the store did not contact the police until the day after the alleged incident. The store owner has countered that she tried to contact Lohan immediately after the incident but couldn’t reach her or her people.
In order to convict Lohan, the district attorney will have to prove that she had the specific intent to permanently deprive the rightful owner of the item as she walked out the door. That may be difficult to prove.
However, like most cases, the Lindsay Lohan felony grand theft case is ripe for a plea bargain. It was one thing when the ultimate threat was 84 minutes in jail, as Lohan served in her 2007 misdemeanor cocaine use and driving under the influence case. This time Lohan is up against serious jail time. While her prior record doesn’t help her cause, it also makes it even more likely that her attorney will do everything she can to keep the felony grand theft case from going to trial.
