Businesses in California have a legal obligation to accurately represent their wares to customers. This means that businesses must sell customers the quantity of a product that a customer pays for. Businesses that disregard this law can be charged under California Business and Professions Code Section 12024: Selling Short Quantity.
You can focus on BPC 12024 charges right here. The legal professionals at the Simmrin Law Group can cover:
- Complicated Legal Definitions
- Effects of a Conviction Under BPC 12024
- Legal Defenses for BPC 12024 Charges
Boost your understanding of the criminal charges for selling short quantity today.
Selling Short Quantity: The Legal Definition
The state of California requires all businesses and individuals to accurately represent the goods they are selling. This means that an individual OR a business can face BPC 12024 charges for:
- Representing a Certain Quantity of a Product as for Sale AND
- Providing a Customer with a Lesser Quantity of the Product
Individuals can be charged with an infraction or a misdemeanor for selling short quantity. Infraction charges can apply if:
- Someone Did Not Willfully Sell Short Quantity
- The Error for Selling Short was Less Than $2 on Average OR
- The Total Value of the Shortages was Less Than $10
Misdemeanor BPC 12024 charges can be brought if:
- An Individual or Businesses Willfully Sold Short Quantity
- The Average Errors Exceeded $2 in Value OR
- The Total Value of Errors Exceeded $10
As you can see, even small errors in selling short quantity can have serious legal repercussions in California.
Selling Short Quantity: Examples
Man A works for a deli that has a policy of keeping all scales set slightly higher than they should be. This means that all customers are charged a few cents more than they should be for their orders. Man A doesn’t realize that the scales are set wrong, but he is still selling short quantity. He could face infraction charges while the deli faces misdemeanor accusations for knowingly setting the scales wrong.
Man B makes and sells candy by the pound. However, he actually only puts about three-quarters of a pound of candy in each bag. His customers eventually realize what he’s doing and accuse him of selling short quantity. He could face criminal charges under BPC 12024.
Selling Short Quantity: Penalties in California
We mentioned previously that BPC 12024 violations could be treated as infractions or misdemeanors. These charges represent different levels of severity and they are punished differently in the court system in California.
An infraction for selling short quantity can lead to fines of up to $100. Misdemeanor charges are far more serious. A misdemeanor BPC 12024 conviction can result in:
- Fines of Up to $1,000
- Jail Time of Up to one Year
Selling Short Quantity: Similar Offenses
Selling short quantity is considered an unacceptable business practice in California. The state can also penalize individuals and businesses that violate:
- California Business and Professions Code Section 12024.1: Misrepresentation of Charge for Service
- California Business and Professions Code Section 12024.2: Inaccurate Pricing
These charges are very similar to the California Penal Code Section 484(a): Petty Theft. Petty theft can cover any indirect theft of under $950, including acts of theft perpetrated by businesses or individuals in California.
Selling Short Quantity: Legal Defenses in California
BPC 12024 charges can lead to high fines and even jail time if you are charged with a misdemeanor. You can work to build a defense against selling short quantity accusations by reaching out to a criminal defense lawyer in Los Angeles now.
Your professional lawyer can investigate the facts surrounding your charges and may be able to prove that:
You Didn’t Intentionally Sell Short Quantity
Misdemeanor BPC 12024 charges only apply if you intended to sell short quantity to a customer. If you made a mistake or a transaction slipped under your notice, you may be able to have your charges reduced to an infraction.
You Sold Short Quantity for a Low Monetary Value
You should only face misdemeanor BPC 12024 charges for selling short quantity:
- At an Average Cost of More Than $2 Per Transaction
- At a Total Cost of More Than $10 for All Transactions
If you sold short quantity for smaller amounts, your lawyer may be able to ensure that you only face an infraction charge.
You Were Falsely Accused of Selling Short Quantity
You may face false accusations of selling short quantity in California. Sometimes, angry customers intentionally file false charges. Customers may also be confused and accuse you of selling short quantity when you did not. A lawyer can go over the hard facts of your case to build your defense in this case.
Handle Selling Short Quantity Charges in California
You can focus on building a defense for California Business and Professions Code Section 12024: Selling Short Quantity charges by contacting the Simmrin Law Group. Speak with our criminal defense lawyers right now with a FREE consultation.
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