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The past couple of days have been active for the Fullerton Police Department, with officers and detectives responding to a range of incidents and making significant progress in multiple investigations.
Auto Burglary and Firearm Recovery
Officers responded to a report of an auto burglary in which several items, including a firearm, were stolen. Through quick investigative work, officers developed leads pointing to a suspect staying in a local motel. Detectives took over the case, continuing to investigate, which led to the recovery of the stolen firearm and other items taken during the burglary. Additional stolen property from unrelated cases was also located inside the motel room. An adult male was taken into custody and booked on various felony charges.
Vandalism and Foot Pursuit
Later in the evening, officers investigated a vandalism report in the area of Lemon Street and Valley View Drive. While canvassing the area, an officer spotted a suspect on foot. The suspect attempted to flee but was taken into custody following a brief pursuit.
Firearm and Narcotics Seized During Traffic Stop
Just minutes after the foot pursuit, an officer conducted a traffic stop near Orangethorpe Avenue and Magnolia Avenue. During the investigation, a loaded firearm and illegal narcotics were discovered inside the vehicle. The driver was arrested and booked on multiple felony and misdemeanor charges.
Grand Theft: Statue Recovered
The department also took a report of grand theft involving a stolen statue from a local residence. Officers quickly developed leads that led to the recovery of the statue, which was returned to its rightful owner.
In total, Fullerton Police made more than 30 arrests over Thursday and Friday. Arrests included charges for DUI, narcotics offenses, outstanding warrants, and various other crimes.
Here are the penalties In Fullerton, California, for the various charges noted above:
Auto Burglary (Penal Code §459)
Auto burglary is classified as second-degree burglary in California and is considered a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on factors like prior criminal history and the specifics of the offense.
- Misdemeanor Conviction: Up to 1 year in county jail and fines up to $1,000.
- Felony Conviction: 16 months, 2 years, or 3 years in county jail.
Additionally, Senate Bill 905, effective January 1, 2025, eliminated the requirement to prove that a vehicle was locked to charge auto burglary, closing the “locked door loophole” and making it easier for prosecutors to pursue convictions.
Firearm-Related Offenses
The penalties for firearm-related offenses can vary widely based on the specific charge. Common firearm-related offenses include:
- Possession of a Firearm by a Felon: Typically a felony, punishable by 16 months, 2 years, or 3 years in county jail.
- Unlawful Possession of a Firearm: Depending on the circumstances, this can be a misdemeanor or felony, with penalties ranging from up to 1 year in county jail to 3 years in state prison.
- Possession of a Firearm During the Commission of a Felony: This can lead to enhanced penalties, potentially adding years to the sentence.
It’s important to note that firearm-related offenses often carry mandatory minimum sentences and may be subject to additional enhancements if the firearm was used in the commission of a crime.
Vandalism (California Penal Code 594 PC)
Vandalism in California can be charged as either a misdemeanor or a felony, largely depending on the value of the damage.
- Misdemeanor Vandalism (Damage Less Than $400):
- Jail time: Up to one year in county jail.
- Fines: Up to $1,000 for a first offense. This can increase to $5,000 for repeat offenders.
- Other penalties: The court may also order restitution to the victim (to cover the cost of repairs or replacement), community service (often involving graffiti removal or property repair), and probation. A mandatory driver’s license suspension of up to two years can also be imposed.
Foot Pursuit (Resisting Arrest – California Penal Code 148(a)(1) PC)
A “foot pursuit” usually falls under the charge of “resisting, delaying, or obstructing a peace officer” (Penal Code 148(a)(1) PC). This is generally a misdemeanor offense in California.
- Misdemeanor Resisting Arrest:
- Jail time: Up to one year in county jail.
- Fines: Up to $1,000.
- Other penalties: The court may grant misdemeanor (summary) probation, which often includes terms like counseling and community service, instead of incarceration.
- Felony Resisting Arrest (Less Common for Simple Foot Pursuit): While less common for a simple foot pursuit without other aggravating factors, resisting arrest can be charged as a felony in certain circumstances. This typically involves using or threatening force against an officer, or if the resisting results in injury to the officer.
- Jail time: If charged as a felony, penalties can include state prison time (e.g., up to three years).
- Fines: Higher fines (e.g., up to $10,000).
Grand Theft (California Penal Code 487 PC)
The key factor in determining whether a theft is “grand theft” or “petty theft” is generally the value of the property stolen. In California, grand theft applies when:
- The value of the property is over $950. This is the most common criterion. If the statue is valued at $950 or more, it will likely be charged as grand theft.
- The property is taken directly from the person of another.
- The property taken is a firearm or an automobile, regardless of its value. (This doesn’t apply to a statue, but it’s important to note the exceptions).
Narcotics Charges
The penalties for narcotics charges depend significantly on the type of drug, the quantity, and the intent (personal use vs. sales).
A. Possession of a Controlled Substance (Health & Safety Code 11350 HS or 11377 HS)
- Definition: Possessing a usable amount of an illegal controlled substance (e.g., heroin, cocaine, methamphetamine, ecstasy, or unlawfully obtained prescription drugs).
- Prop 47 Impact: Under Proposition 47 (passed in 2014), simple possession of most controlled substances for personal use was reduced from a felony to a misdemeanor.
- Misdemeanor Penalties:
- Up to one year in county jail.
- Fines up to $1,000.
- Probation, often with mandatory drug counseling or treatment programs.
- Many first-time offenders may be eligible for drug diversion programs (such as PC 1000 or Proposition 36), which can lead to dismissal of charges upon successful completion of treatment.
- Misdemeanor Penalties:
Firearm Charges
Firearm charges vary greatly depending on whether the firearm was loaded, concealed, if the individual was prohibited from possessing a firearm, and the type of firearm.
A. Carrying a Loaded Firearm in Public or a Vehicle (Penal Code 25850 PC)
- Definition: Carrying a loaded firearm on one’s person or in a vehicle while in any public place or on any public street in an incorporated city, or in a prohibited area of unincorporated territory.
- Penalty: Generally a misdemeanor.
- Jail time: Up to one year in county jail.
- Fines: Up to $1,000.