NEWSShawn Holley Fighting Lindsay Lohan's Felony Grand Theft Charges Based on "Fair Market Value"
Feb. 13 2011, Published 7:42 a.m. ET
While Lindsay Lohan was charged with felony grand theft this week over an allegedly stolen necklace, her lawyer Shawn Holley insists that her client is innocent and that the jewelry’s real value isn’t high enough to accuse Lindsay of a felony.
“We intend to challenge the prosecution's case because the truth is, Ms. Lohan didn't steal anything. But even if she had, it seems to me that the appropriate charge, based on the fair market value of the goods, should have been petty theft and not grand theft,” Shawn told TMZ of the charges.
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The 24-year-old’s attorney believes that the necklace, from a Venice jeweler selling it for $2,500, should have a “fair market value” attached to the price tag.
If the court determines that Lindsay’s necklace is less worth than $950, she will face charges of petty theft instead of a felony.
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A misdemeanor like petty theft calls for up to six months in jail.
