PETTY THEFT

What is the definition of petty theft in California?

Under California Penal Code 484(a), petty theft is defined as a theft where the value of the property is $950.00 or less.

Under PC 484(a) a theft is:

Wrongfully or unlawfully obtaining or taking,
The property, services (or value) of another,
With the intent to deprive that person of the property

We break down all of these elements that must be proven beyond a reasonable doubt here.

Petty Theft is a misdemeanor.

How is the value accounted for?

In a theft case, the value of the alleged theft matters because it can be the difference between a Petty Theft, or a Grand Theft. Meaning the value alleged can be the difference between a misdemeanor or a felony. Under PC 484(a), the value is determined by the fair market value of the property or services alleged to have been stolen. If there is a contracted price or sticker price, the court will look to that, if not the court will look to the going wage in the area for the property or services.

The value of multiple items can be added together to reach a total amount for the purposes od determining the value if:

multiple items were taken from the same person, or
multiple stolen items were a part of a common scheme or plan

Potential Outcomes for a charge of Petty Theft

For misdemeanors, we may be able to come up with creative solutions to avoid a conviction, such as negotiating a dismissal, or completing a diversion program. Misdemeanors like this can also be eligible for a civil compromise, where you can earn a dismissal if you reimburse the victim of the theft. If there is a conviction, we can work to avoid jail time. For more information, contact us here.

Potential punishments for a conviction for this misdemeanor range as follows:

0-6 months of jail
Fines
Restitution
Probation
A Protective Order that protects the alleged victim of the theft, or keeps you away from the property where the theft occurred

methods of proving theft

Proving a Theft

For any crime, all elements must be proven beyond a reasonable doubt. and we review the general definition of a theft under California Penal Code 484, here. There are several ways a Prosecutor may make a case that a theft has occurred, for example:

Theft by larceny

This often involves a physical taking and carrying away of the property, money, services, or the value of.

Theft by Trick or Fraud

Obtaining the property, money, services, or the value of by fraud or deceit

Elements of a Theft and Potential Defenses

Wrongful or Unlawful Taking

This means the property was taken or obtained by unlawful means, or done without the consent or permission of the owner. Therefore, a defense to a theft is that you did have permission to use or obtain the property. However, if your use of the property exceeded the scope of the permitted use - for example you did not return the property when you were agreed to, then this defense would not be viable.

Property of Another

As discussed here, property can be personal property, such as a person’s belongings, or it can be money, services, or even the value of the property or services. For example, this would encompass a situation where you got a haircut and then left without paying for it. Note that under PC 484, you do not have to take the directly from the owner, but only someone in possession of the property; therefore it is not a defense that the property was taken from someone other than the true owner. However, it would be a defense to this element to have evidence that the property lawfully belonged to you.

With Intent to Permanently Retain or Deprive

Often times, the allegations in a theft case are that the person had no intention of returning the property. However, proving that you only intended to borrow the item is a difficult defense. That is because the taking of the item only needs to interrupt the lawful rights of possession or the true owner, or other party who lawfully possessed the property. Note that this does not have to actually interfere with their use, but merely their right to use their property for a period of time. For example, if you “borrowed” someone’s saw, without permission it would not be a defense to theft that the owner of the saw did not actually need to use the saw when it was taken. However, it would be a defense that you lacked the intent to deprive the true owner at all, for example that the property was taken by mistake. So, if for example you left a grocery item in the bottom of your court and mistakenly walked out of the store with the item unpaid for you would have a defense to theft as you never intended to deprive the store of the item or the value of the item.

petty theft with a prior

Is Petty Theft with a Prior Different than a Regular Petty Theft?

Yes. Under PC 666, Petty Theft with a Prior can be charged when a petty theft occurs and the person charged has an existing criminal record of either:

theft offense convictions that jail or prison time was served for; or
convictions for serious or violent felonies or sex offenses that required registration

This charge is a wobbler, meaning it may be charged as a misdemeanor or a felony, and it carries higher punishments than a regular Petty Theft.

What are the Potential Punishments for Petty Theft with a Prior

As a misdemeanor, this charge is punishable by up to one year of incarceration, as well as potentially probation, fines and restitution. As a felony, it can be punishable by up to 3 years in prison as well as probation, fines and restitution.

WHAT CAN YOU DO ABOUT A THEFT CHARGE?

What should I do if I am accused of Theft?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Theft?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.

What if the alleged victim wants to drop the charges against me?

Sometimes this charge stems from interactions with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney (the Prosecutor) has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.