总有人以为加州偷$950 以下不算犯罪,好像1)只有加州才有这样的规定,其他州没有 2)偷价值$950 以下东西,警察不会管 3)加州犯罪率高是因为$950, 即Proposition 47 这个规定。
关于轻罪盗窃门槛的法律其实在美国每个州都有这样的规定,数额各不相同而已。确定盗窃是轻罪还是重罪的具体金额可能会有很大差异。
举几个例子:
德克萨斯州:$2,500
纽约:$ 1,000
罗德岛: $1500
低于这样的门槛,算misdemeanor,轻罪。那么对涉嫌轻罪的个人,警察真的就不管吗?
警察有权逮捕涉嫌轻罪的个人。虽然轻罪通常被认为不如重罪严重,但执法人员仍然可以在此类案件中实施逮捕。因轻罪而逮捕某人的决定取决于多种因素,包括涉嫌犯罪的情况、逮捕人员的自由裁量权以及相关执法机构的政策和程序。对多次触犯轻罪的罪犯,执法部门可以当做felony 重罪处理。
以上科普来自Chat GPT3.0。
BZYDS 发表于 2023-05-28 10:15
我来给诸位大妈们科普一下真正的真相吧, 德州 偷 $2500 以下的固然不是重罪,但是是misdemeanor , 是要坐监狱的! 而且德州的警察, DA, judge 没有被左棍神经病们控制,该抓的抓,该判的判。 你们观察一下就知道了, 基本上零元购都是发生在左棍控制市长/DA/Judge 的地方! 这些地方基本上DA / Judge 都是罪犯之友,警察即使抓进来, DA也不起诉,转手就放,导致警察最后连抓都不抓(抓个人费劲费力,还得写好多paperwork最后被放回街上,谁肯费力不讨好)
看我以前发的帖子
整天有稍微会用点google 的大妈给宣传在得州偷2500美元才是felony,来给加州点赞 在得州, misdemeanor 也是要坐牢的! 在Texas, class A , B misdemeanor ( 偷100到750刀, 750- 2500 刀,), 是会被判入狱的, 半年到一年, 还有罚款
所以警察对偷盗100元以上的是抓捕的,, 一百元以下的只处罚款(估计就懒得抓了)
而加州是偷950刀以下的警察压根不管, 直接walk away!
in Texas Class C Misdemeanor Theft Theft is a class C misdemeanor if the value of the stolen property or services is less than $100. The punishment for a class C misdemeanor includes a fine up to $500 but does not involve any jail time. Class B Misdemeanor Theft Theft is a class B misdemeanor if: the value of the stolen property or services is $100 or more but less than $750 the value of the stolen property is less than $100, and it''''s the defendant''''s second or subsequent theft offense, or the stolen property is a driver''''s license or another identification card. The punishment for a class B misdemeanor can include a fine of no more than $2,000, imprisonment for no more than 180 days, or both. Class A Misdemeanor Theft Theft is a class A misdemeanor if the value of the stolen property or services is $750 or more but less than $2,500. The punishment for a class A misdemeanor can include a fine of no more than $4,000, imprisonment for no more than one year, or both. State Jail Felony Theft Theft is a state jail felony if:
the stolen property or services is valued at $2,500 or more but less than $30,000 the value of the stolen property is less than $2,500, and it''''s the defendant''''s third or subsequent theft offense the property is stolen from another person, a human corpse, or grave, or the stolen property is a firearm, an election ballot, or certain livestock or metals. The punishment for a state jail felony theft can include a fine of no more than $10,000, imprisonment ranging from 180 days to two years, or both. A state jail felony will bump up to a third-degree felony if the defendant used or exhibited a deadly weapon during the commission of the offense or had a previous felony conviction. Third-Degree Felony Theft Theft is a felony of the third degree if:
the value of the stolen property or services is $30,000 or more but less than $150,000 the stolen property is certain types of livestock valued at less than $150,000, or the property is a controlled substance valued at less than $150,000 and was stolen from a commercial building where controlled substances are generally stored. The punishment for a third-degree felony is a fine of no more than $10,000, imprisonment ranging from two to ten years, or both. Second-Degree Felony Theft Theft is a felony of the second degree if: the value of the stolen property or services is $150,000 or more but less than $300,000, or the stolen property is an ATM or its contents valued at less than $300,000. The punishment for a second-degree felony is a fine of not more than $10,000, imprisonment ranging from two to 20 years, or both. First-Degree Felony Theft Theft is a felony of the first degree if the value of the stolen property or services is $300,000 or more. The punishment for a first-degree felony is a fine of not more than $10,000, imprisonment ranging from five to 99 years, or both. Enhanced Theft Penalties The penalty for a theft offense increases to the next offense level (for example, a third-degree felony goes up to second-degree felony) if any of the following are true: the stolen property was under the control of a public servant the stolen property was under the control of someone in a contract relationship the government the owner of the property was a person age 65 or older or a nonprofit organization the stolen property was under the control of a Medicare provider, or in committing the offense, the offender caused the fire alarm to go off or prevented it from going off. (Tex. Penal Code §§ 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).)
Retail Theft (Shoplifting) Under Texas Law Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). An offender can also receive enhanced penalties for preventing or attempting to prevent a retail theft detector from going off or using a device that deactivates a retail theft detector. Finally, a person may be charged with a class A misdemeanor if they make or distribute a device that is used to deactivate a retail theft detector. (Tex. Penal Code §§ 31.03, 31.15, and 31.16 (2020).)