Petty Theft Charges in California

What Is Petty Theft Under California Law?

California Penal Code 490.2 (PC) states that, with very specific exceptions, thefts “where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950) shall be considered petty theft.”¹

“You do not need to take physical property to be guilty of theft,” notes attorney Peter Liss. Under Penal Code 484, using another party’s labor or services is considered theft.² So, even fraudulently crashing a wedding to get free food and drinks could be charged as petty theft. Similarly, defrauding someone of money or property is considered theft, so buying an item and returning an empty, resealed box could also be a chargeable offense.

Petty Theft Vs Grand Theft

Overall, petty theft charges apply when stolen property is valued at $950 or less, while grand theft charges apply when the value exceeds this amount. However, there are some exceptions under 487 (PC) and other charges where the offense may be grand theft, even if the property has a lower value, including:³

• Certain agricultural items, such as fowl, avocados, olives, shellfish, and algae, are subject to a $250 limit based on the wholesale value.
• Any property stolen directly from someone’s person, including a hand, pocket, or a purse.
• Any firearm.
• Any automobile.
• Employee theft totaling over $950 over a 12-month period.

Additionally, grand theft charges may apply if the aggregate value of multiple thefts exceeds $950 over a period of time, as long as they were motivated by one intention, impulse, and plan. So prosecutors could potentially file grand theft charges if a defendant stole $1,000 worth of merchandise from different stores in a mall, as long as the thefts were all part of a single plan.

Learn more about grand theft charges on our dedicated practice page.

Petty Theft Penalties in California

Under California law, a first-offense petty theft conviction carries a sentence of up to 6 months in jail and $1,000 in fines. Depending on the circumstances, the court may use diversion or probation as all or part of the sentence to help a defendant avoid incarceration.

Petty Theft With a Prior

Under Penal Code 666 (PC)⁴ and 666.1 (PC),⁵ petty theft can sometimes result in longer sentences when the defendant has one or more prior convictions for certain crimes, including certain sex crimes and other theft offenses. Both 666 (PC) and 666.1 (PC) are wobblers, meaning they can be charged as a misdemeanor, punishable by up to one year in jail, or a felony, punishable by up to three years in prison.

Can Petty Theft Charges Be Dismissed Through Diversion?

Because most people accused of misdemeanors in California are eligible for a diversion program, the same is true for those facing petty theft charges. Successfully completing diversion results in the dismissal of the charges.

Depending on the program, diversion may last up to 24 months and may require the defendant to attend an anti-theft class, perform volunteer work, and pay restitution to the victim.

Not everyone qualifies for diversion programs and the judge has the discretion to approve or refuse them. A defense attorney can explain your options.

“In San Diego County, judges typically offer diversion for petty thefts for 6 months or one year, often over the prosecution’s objections,” says Liss.

Learn more about diversion programs on our dedicated practice page.

Defenses to Petty Theft Charges

While having theft charges dropped or reduced is a good option, fighting the allegations is sometimes a better option. Many potential defenses can be used against petty theft charges, but each case is different, and not every defense applies to every case. Common defenses used in petty theft cases include:

• Lack of intent: Accidents and misunderstandings can sometimes result in arrests or charges. An attorney may present evidence that the defendant did not intentionally steal the property.
• Ownership or right to possess the property: If the item belongs to the defendant, they may have a strong defense for retrieving their property. Similarly, people sometimes face theft charges after borrowing an item from the rightful owner.
• Mistaken identity and false allegations: Not all witness reports are accurate. If you have an alibi, your attorney may be able to show that you were not present at the time of the theft.
• Civil rights violations: If the police improperly stopped you, performed an illegal search or seizure, forced you to confess, or otherwise violated your rights, your lawyer may be able to have any resulting evidence suppressed, which could strengthen your overall defense. In rare cases, police misconduct may be severe enough to have the charges reduced or dropped.
• Insufficient evidence: If the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt, it may help your attorney challenge the case, negote a resolution, or seek a dismissal.

Do not attempt to use these defenses yourself. Always remain silent until you speak with a lawyer, as trying to explain your situation may hurt your defense later.

Related Theft Offenses

Those accused of petty theft also frequently face other charges, including:

• Fraud
• Burglary
• Embezzlement
• Mail theft
• Dining and dashing
• Robbery

One closely related charge is shoplifting, which California law defines as entering a business and taking, or intending to take, $950 or less worth of merchandise. “Because shoplifting cases require the prosecution to prove someone entered a business during business hours with the intent to steal, San Diego prosecutors are more likely to file petty theft charges, which do not require them to prove the defendant’s intent,” explains Liss.

Why Work With a Petty Theft Defense Lawyer in Vista?

An attorney can play a critical role in helping fight the charges, enrolling you in a diversion program, or negotiating a plea bargain to minimize the penalties you may face. In some cases involving low-value property, your attorney may even be able to convince the prosecution to reduce the charges to an infraction rather than a misdemeanor. Occasionally, your lawyer may be able to have the charges dropped if you have sufficient evidence supporting your defense or because the prosecution has insufficient evidence to prove the charges.

“I have previously had petty theft charges against some of my clients dropped after I was able to work with the property owner to return the item or obtain reimbursement,” explains Liss. “However, charging decisions are up to the District Attorney, who will not automatically drop charges at the victim’s request.” Speak with a defense lawyer before contacting the property owner or attempting to resolve the matter yourself.

If you have been accused of theft, call Vista petty theft attorney Peter M. Liss. He has over 40 years of experience and has helped hundreds of people facing theft offenses. Please call (760) 643-4050 to schedule a free consultation.