Q: Can i argue to not include the sales tax in a grand theft case?
I was charged with grand theft last year because the items were rung up as being over $950, $956 to be exact. Having the sales tax included in the total makes my case a felony instead of a misdemeanor. The deal i was given does not fit my crime. But instead if looking at what happened, all the court is worried about is the fact that it was over $950. Please help!
A:
Generally sales tax is NOT included in determining the loss just as "sale" prices don't apply. They both only apply to actual "purchases" not theft.
I find it hard to believe the DA included tax and your lawyer should make a Motion to Reduce to a Misdemeanor at the Preliminary Hearing.
Good luck!
A:
more info needed.
you can always argue anything.............in this case i think your argument would be persuasive as tax is usually not included.
i suspect your prior record, if any, will be a factor.
your lawyer should be the one answering this question as s/he has all the facts.
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