In California, theft laws are categorized into two primary offenses: Petty Theft and Grand Theft. These laws can be confusing, especially for those unfamiliar with the legal system. If you’ve been charged with theft, it’s crucial to understand what constitutes petty theft, the potential consequences, and how to protect your rights. In this article, we’ll break down what constitutes Petty Theft, the penalties you might face, and what you should do if you’re facing charges in California.

What is Petty Theft?

Petty Theft in California is defined under California Penal Code Section 484. It occurs when a person unlawfully takes someone else’s property without their consent and with the intent to permanently deprive them of it. Petty theft is typically considered a Misdemeanor offense, which means it is generally a less serious crime than Grand Theft. However, make no mistake about it, Petty Theft still carries a potential jail sentence, especially given the recent rise in “smash and grab” type thefts.

The primary characteristic of Petty Theft is the value of the stolen property. To qualify as Petty Theft, the stolen property must be worth $950 or less. If the value of the property exceeds this amount, the charge may escalate to Grand Theft.

It’s important to note that Petty Theft charges can apply to a variety of stolen items, such as:

• Merchandise from a store
• Personal belongings like wallets or purses
• Vehicles (though vehicle theft may be classified differently in certain circumstances)

 

Elements of Petty Theft in California

In order to convict someone of Petty Theft, the prosecution must prove the following elements:

1. The defendant took someone else’s property: This means that the individual took the property without permission or consent of the rightful owner.
2. The property was taken with the intent to permanently deprive the owner of its possession: The defendant must have intended to steal the property, meaning the intent was to deprive the owner of it permanently, not temporarily.
3. The value of the property was $950 or less: As mentioned earlier, the property stolen must have a value that does not exceed $950 for the crime to qualify as petty theft under California law.

It’s worth mentioning that the burden of proof lies with the prosecution. This means that they must provide evidence that proves each of these elements beyond a reasonable doubt. If they cannot do so, you may not be convicted of the crime.

Penalties for Petty Theft in California

Although petty theft is typically a Misdemeanor offense, there are still consequences if you are convicted. The penalties for a petty theft conviction in California can include:

• Up to 6 months in County Jail: A misdemeanor conviction for petty theft may result in jail time of up to 180 days. However, jail time is not always a certainty, and a judge may opt for probation or other forms of alternative sentencing, especially for first-time offenders.
• Fines of up to $1,000: In addition to jail time, a petty theft conviction can result in fines. The maximum fine is $1,000, although the actual fine imposed will depend on the circumstances of the case and the defendant’s prior criminal record.
• Probation: In many cases, a judge may decide to sentence a defendant to summary probation rather than jail time. Probation can come with a variety of conditions, such as community service, restitution to the victim, attending theft prevention classes, and more.
• Restitution: If convicted, the defendant may be ordered to pay restitution to the victim for the value of the stolen property. This is in addition to any fines or other penalties imposed.
• Criminal Record: A petty theft conviction can result in a permanent criminal record. A criminal record can have long-term consequences, including difficulty finding employment, obtaining housing, and more.

 

Defenses to Petty Theft Charges

If you have been charged with petty theft, there are several defenses that may be available to you. Here are a few common defenses to consider:

1. No Intent to Steal: In order to be convicted of petty theft, the prosecution must prove that you intended to permanently deprive the owner of their property. If you took the property without intending to steal it (such as by mistake or misunderstanding), you may have a valid defense.
2. The Property Was Not Taken: Another defense could be that you never took the property in question, or you did so with the consent of the owner.
3. Lack of Evidence: If the prosecution cannot prove beyond a reasonable doubt that you committed the theft, you cannot be convicted. If they lack sufficient evidence, your attorney may challenge the charges based on this point.
4. False Accusation: Sometimes, individuals are falsely accused of petty theft. Whether due to a misunderstanding, mistaken identity, or other reasons, a false accusation is a possible defense.
5. Mistake of Fact: In some cases, you might have taken the property by mistake, such as if you believed it was yours or you didn’t realize you were taking someone else’s property.

 

Is Petty Theft a Felony or a Misdemeanor?

Petty theft is generally classified as a misdemeanor in California. However, there are circumstances in which petty theft can become a more serious offense, such as if you have prior theft convictions. In such cases, you may face enhanced penalties or even felony charges in certain circumstances. If you have prior convictions for theft, you could be looking at a more severe sentence, including longer jail time or even felony charges for repeat offenses.

Additionally, petty theft could result in more severe consequences if the theft was committed during the commission of another crime (e.g., burglary or robbery). In such cases, the offense may be prosecuted under different statutes with more severe penalties.

What to Do if You’re Facing Petty Theft Charges

If you’ve been charged with petty theft, it’s important to take the situation seriously. While it is considered a misdemeanor offense, a conviction can have lasting effects on your life. Here’s what you should do:

1. Contact an Experienced Criminal Defense Attorney: It’s crucial to speak with a knowledgeable criminal defense lawyer who can guide you through the legal process and help build a strong defense.
2. Do Not Speak to Law Enforcement Without Legal Representation: Anything you say to law enforcement can be used against you in court, so it’s important to have legal representation before making any statements.
3. Gather Evidence: Work with your attorney to gather any evidence that could help prove your innocence or mitigate your sentence. This could include witness testimony, video footage, or any other evidence that supports your case.
4. Understand Your Rights: Be sure to fully understand your rights throughout the legal process. Your attorney can help ensure your rights are protected every step of the way.

 

Contact Us For Help

Being charged with petty theft in California is a serious matter, but it doesn’t necessarily mean the end of your future. With the right legal representation, it is possible to defend yourself against these charges or at least minimize the penalties you might face. If you or someone you know is facing petty theft charges, it’s important to consult with a skilled criminal defense attorney as soon as possible to ensure the best possible outcome for your case.

If you have questions or need help with your theft charge, don’t hesitate to contact our experienced criminal defense team at 714-328-6189. We’re here to protect your rights and guide you through the legal process.