Last Updated on July 2, 2025
In California, the severity of a theft offense is based on the value of the stolen money, goods, or services. If the property is valued at less than $950, the offense is considered petty theft, defined under California Penal Code 484 (PC). Anyone charged with this crime in San Diego should call a criminal defense attorney like Peter M. Liss to discuss their case. Remember that what you say can be used against you, so always speak to a lawyer before talking to the police.
In California, What is Defined as Petty Theft?
Most types of theft are filed as either grand theft, filed under 487 (PC), or petty theft. The difference between the two charges is that petty theft is a misdemeanor charge that occurs when the stolen property is valued at under $950, and when the property is valued at more than that, it is grand theft.
The amount of property taken is based on an aggregate value of all theft incidents being charged at a single time. So, for example, if someone stole $600 worth of goods at one shop before visiting another and taking another $400, they will face grand theft charges because they took over $950 worth of merchandise in total.
There are a handful of exceptions to this general rule. For example, if a theft involves violence against the victim, it is considered robbery regardless of the value of the stolen items. Similarly, if someone steals a firearm, they will be charged with grand theft, no matter the weapon’s true value. Auto theft is also subject to the $950 property limit; however, since most cars are valued above this amount, almost every vehicle theft is considered grand theft auto.
Note that you need not take any physical property to be guilty of theft. Using someone’s services without paying for them —even just crashing a wedding and partaking in the free food and drinks can be considered theft. Similarly, returning stolen property for store credit is considered theft.
What is the Penalty for Petty Theft?
Under California law, a first-offense petty theft conviction carries a sentence of up to 6 months in jail and $1,000 in fines, but probation is commonly given in place of incarceration. In contrast, grand theft can be charged as a felony or misdemeanor. As a misdemeanor, it is punishable by up to 1 year in jail, and as a felony, it is punishable by up to 3 years in prison.
Those with a prior petty theft conviction on their record can be charged with petty theft with a prior under Penal Code 666 (PC). While still a misdemeanor offense, this crime has a longer maximum sentence than first-time charges, going up to one year in jail.
A petty theft offense can become a felony when someone has two prior theft convictions on their record. In these cases, the offense is punishable by up to 3 years in prison.
Avoiding Penalties Through Criminal Diversion
Many people who face misdemeanor charges will qualify for a diversion program. Successful completion of diversion means there is no actual conviction, leading to the dismissal of the charges and the criminal record being sealed. In most of California, diversion typically lasts for 18 months and usually requires an anti-theft class, volunteer work, and restitution to the victim. Liss notes that “in San Diego County, judges typically offer diversion for petty thefts for 6 months or one year, often over the prosecution’s objections.” Even so, not everyone qualifies for diversion, so be sure to discuss this option with your attorney if you are interested.
Do I Need a Lawyer for Petty Theft?
Yes, especially if you face felony charges because you have two prior offenses on your record. Even when this isn’t the case, 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, your attorney may even be able to have these charges reduced to an infraction rather than a misdemeanor by working with the prosecution.
“Having the charges reduced is quite beneficial because a misdemeanor charge requires a defendant to go through the book and release process at the jail,” explains Liss, “and it will count as a prior conviction on your record, whereas infractions merely result in a fine and do not appear on your criminal record.”
Alternatively, your lawyer may be able to get the charges against you dropped entirely. In some cases, petty theft charges can be dropped at the property owner’s request if you return the item or pay them back —though this should not be attempted without the help of a criminal attorney familiar with this process.
Defenses to Theft Charges
While having theft charges dropped or reduced is a good option, it is best to fight the allegations in some cases. There are a lot of potential defenses against this crime, including:
- illegal search and seizure by the arresting officer
- improper arrests resulting in a violation of your constitutional rights
- false accusations
- insufficient evidence
- legitimate accidents (forgetting to return something to someone you borrowed it from, for example)
- the item in question was yours to begin with
Do not attempt to use these defenses yourself. Always remain silent until you speak to a lawyer, as trying to explain your situation may end up hurting your defense later.
Related Charges
Those accused of this offense also frequently face other charges. One of the most similar charges to petty theft is shoplifting, which California law defines as entering a business and taking or intending to take less than $950 worth of merchandise. Because shoplifting cases require the prosecution must prove someone entered a business during business hours with the intent to steal, petty theft charges are filed more frequently.
Other charges commonly charged alongside petty theft include:
If you are accused of this offense, you should always contact a defense attorney as soon as possible —especially if you are facing felony-level charges. Attorney Peter M. Liss has over 40 years of experience and has helped hundreds of people facing theft offenses. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation.
