On The Subject of Petty Theft
If you've been arrested or cited for petty theft in California, it's important to understand the charges you're facing, the potential consequences, and how a criminal defense attorney can help protect your rights. Petty theft may sound minor, but a conviction can carry lasting consequences that affect your future employment, housing, and reputation.
What Is Petty Theft Under California Law?
Petty theft is defined under California Penal Code § 484(a) and § 488. Generally, petty theft involves unlawfully taking someone else's property valued at $950 or less. This can include shoplifting and stealing from a person or business.
To be convicted of petty theft, the prosecution must prove that:
You took possession of property owned by someone else,
You did so without the owner's consent,
When you took the property, you intended to permanently deprive the owner of it, and
The value of the property was $950 or less.
If the value of the property exceeds $950, the charge may be elevated to grand theft, a more serious offense with harsher penalties.
Common Examples of Petty Theft
Shoplifting small items from a retail store
Taking a cell phone, wallet, or other personal item
Switching price tags on merchandise
Stealing items from an employer valued under $950
Even if the theft involved only a few dollars' worth of goods, it is still considered a criminal offense. In fact, the property can be of any value, however slight.
Is Petty Theft a Misdemeanor or an Infraction?
Petty theft is typically charged as a misdemeanor, punishable by:
Up to 6 months in county jail
A fine up to $1,000
Probation, community service, or theft counseling programs
However, in certain cases — especially for first-time offenders — diversion is available for those who qualify. On the other hand, if you have prior theft-related convictions, you could face increased penalties, including a potential felony charge under California’s newly enacted “petty theft with a prior” law.
Defending Against a Petty Theft Charge
There are several potential defenses against a petty theft charge, including:
Lack of intent: You didn’t intend to steal or believed the item belonged to you.
Mistake of fact: You accidentally walked out with merchandise or misunderstood ownership.
Consent: The owner gave you permission to take the property.
False accusation: You were wrongly accused or mistaken for someone else.
Each case is unique, and the right defense strategy will depend on the specific facts of your situation. That’s why it’s critical to consult an experienced criminal defense attorney as early as possible.
What to Do If You’ve Been Charged
If you're facing a petty theft charge in California, don’t take it lightly. A conviction can appear on your criminal record and affect your ability to find work, apply for housing, or even pursue certain licenses. Early legal intervention can lead to reduced charges, dismissal, or participation in diversion programs that help avoid a conviction entirely.
At the Davis W. Hewitt Law Office, we have successfully defended countless clients against petty theft and related charges throughout Northern California.
Contact Us Today for a Free Consultation
If you've been arrested for petty theft or are under investigation, contact us today for a free, confidential consultation. Let us help you understand your options and discuss legal defenses.
