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On Sunday, the Irvine Police Department’s Spectrum team responded to the Barnes & Noble store after two men had stolen approximately $600 worth of DVDs. (Editor’s note – who the heck still uses DVDs?)
Officers worked with their security partners to identify a suspect vehicle. License plate readers showed the suspects were likely visiting other stores around Southern California.
The officers intercepted the suspects and recovered the stolen property from the Spectrum as the suspect vehicle approached Laguna Hills.
In total, 121 DVDS were found in the duo’s vehicle.
The Irvine Police have so many questions. Are DVDs still a thing? If they were stolen for aftermarket sales, who would be buying them? Wouldn’t it have been easier and less risky to stream the movies? And cut to the arrest details….
Edward Joseph Alviso, 47, of Antelope, never made it home for a movie and popcorn, because he was arrested and booked at Orange County Jail for theft and having stolen property.
The second man was released, and the IPD will ask the O.C. District Attorney to consider charges against him too.
In California, the penalty for stealing 121 DVDs from a Barnes & Noble store in Irvine would depend on the total retail value of the DVDs.
Here’s a breakdown of how California law generally handles theft:
- Grand Theft vs. Petty Theft:
- Petty theft applies when the value of the stolen property is $950 or less. This is typically a misdemeanor.
- Grand theft applies when the value of the stolen property is more than $950. This is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, at the prosecutor’s discretion.
Penalties:
- Misdemeanor (for petty theft or some grand theft cases):
- Up to six months to one year in county jail.
- Fines of up to $1,000.
- Probation (summary probation).
- Restitution to the victim (Barnes & Noble).
- Potentially a two-year restraining order barring you from entering the store.
- Felony (for grand theft cases):
- 16 months, 2 years, or 3 years in state prison (or county jail for a “wobbler” charged as a felony).
- Fines of up to $10,000.
- Formal probation.
- Restitution to the victim.
- A felony conviction can have significant long-term consequences, including difficulty finding employment, housing, and other civil penalties.
Factors influencing the charge and sentence:
- Value of the DVDs: The critical factor is whether the total retail value of the 121 DVDs exceeds $950. Given that DVDs typically range from $10-$30 or more, it’s highly likely that 121 DVDs would exceed the $950 threshold, making it a grand theft charge.
- Prior Criminal Record: If the individual has prior convictions, especially for theft-related offenses or certain serious felonies, the penalties can be significantly enhanced, and a prosecutor is more likely to pursue felony charges.
- Circumstances of the Theft: While “shoplifting” (entering a commercial establishment with intent to steal merchandise valued at $950 or less) is typically a misdemeanor, if the intent to steal was formed after entering the store, it might still be charged as petty theft. However, if the value exceeds $950, it becomes grand theft regardless of the specific “shoplifting” statute.
- Prosecutorial Discretion: Even for grand theft (a wobbler), the prosecutor has discretion to charge it as a misdemeanor or a felony based on the facts of the case and the defendant’s history.
In summary: Stealing 121 DVDs from Barnes & Noble in Irvine would almost certainly be considered grand theft in California due to the likely value exceeding $950. This means the individual could face either misdemeanor or felony charges, with potential penalties ranging from county jail time and fines to state prison time, depending on the specific value, their criminal history, and the prosecutor’s decision.
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