Question: I was charged with theft. Is this my second offense? I’ve been charged with theft and have a preliminary hearing next month. I also had a theft charge last year, but had it reduced to trespassing w/ guilty plea. Will this be viewed as my first or second theft offense?
Answer:
If one’s prior larceny charge is dismissed or amended to a different crime, a subsequent larceny charge can only be charged as a first offense. Sentencing Guidelines will, similarly, not score the subsequent charge as larceny. (It will however score the amended prior conviction). Of course, a prosecutor will be able to see that a prior larceny charge was amended to Trespassing, assume that it was an unsuccessful effort of leniency, and decline to be as understanding the second time.