California Petty Theft – Penal Code §§ 484 and 488

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Quick Summary

Petty theft charges in California involve taking property valued at $950 or less with the intent to permanently deprive the owner of it. This is a misdemeanor with penalties of up to six months in jail and $1,000 in fines. Common examples include shoplifting, employee theft, and disputes over borrowed items. Defendants can challenge these charges through various defenses such as lack of intent, mistaken identity, or procedural violations, while people may qualify for diversion programs that avoid conviction.

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Petty theft charges are one of the most common criminal offenses prosecuted in California. While not as severe as kidnapping, robbery, or attempted murder, the consequences of a conviction can affect your employment opportunities, housing applications, and reputation for years to come.

California Penal Code § 484 defines theft as the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it. In this guide, we’ll explain what constitutes petty theft under state law, the associated penalties, and how to mount the best defense against the charges.

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What Constitutes Petty Theft Under California Law?

To convict you of petty theft, the prosecution must demonstrate that you took someone else’s property without permission. They must also show that you moved the property, even if only a small distance, and that you intended to permanently remove it from the owner’s possession.

A Closer Look at Intent

The intent element is usually the most contested aspect of petty theft cases. It must be proven that you intended to steal the property rather than accidentally taking it or borrowing it temporarily. This distinction can mean the difference between a conviction and an acquittal in many cases. Your criminal defense attorney can challenge any evidence regarding your intent at the time of the alleged theft.

How Value Plays a Role

The value threshold of $950 separates petty theft from grand theft under California law. Courts make this determination based on the fair market value of the property at the time of the theft. If multiple items were taken during a single incident, their values are added together to determine the total amount. This calculation can sometimes push a case from petty theft into grand theft territory, resulting in more severe penalties.

Common Examples of Petty Theft Charges

Petty theft charges can arise from many different situations, but certain scenarios appear more frequently in California courts. 

Shoplifting and Retail Theft

Shoplifting represents the most frequent type of petty theft charge in California, with retailers becoming increasingly aggressive in pursuing criminal charges even for low-value items. Examples of shoplifting activities include:

• Concealing Merchandise: Shoppers hide items in clothing, bags, or other containers while still in the store before attempting to leave without payment.
• Switching Price Tags: Customers replace higher-priced labels with cheaper ones to pay less than the actual retail value of merchandise.
• Under-Ringing: Accomplices at checkout scan some items but deliberately skip others to reduce the total purchase amount.
• Return Fraud: People return stolen merchandise for cash or store credit without presenting valid receipts or proof of purchase.
• Grazing: Customers consume food or drinks while shopping without paying for these items before leaving the store.
• Cart Theft: Shoppers take shopping carts outside the store premises without paying for the items contained within them.

Employee Theft Cases

Employee theft cases frequently result in petty theft charges when workers take company property or access resources for personal use. Examples include:

• Office Supplies: Employees take pens, paper, computer equipment, or other workplace materials home for personal use without authorization.
• Inventory Theft: Workers remove merchandise, tools, or equipment from the workplace for personal gain or resale.
• Cash Handling Violations: Workers pocket money from registers, tip jars, or petty cash funds during their shifts.

Personal Relationship Disputes

Taking property from acquaintances, roommates, or family members can escalate into theft allegations when relationships deteriorate. For example:

• Roommate Property Disputes: Former roommates take items claimed by others during move-outs.
• Borrowed Items Not Returned: Individuals keep personal property beyond agreed-upon time periods despite requests for return from the owners.
• Family Disputes: Family members take personal property during divorce proceedings or inheritance conflicts without proper legal authorization.
• Workplace Relationships: Coworkers take personal items or use others’ accounts without permission for purchases or services.

Penalties for Petty Theft Convictions

A petty theft conviction in California typically results in misdemeanor charges. The courts have several sentencing options available, so the penalties depend on various factors like your criminal history and the circumstances of your case. 

Criminal Penalties

The direct criminal penalties for petty theft convictions include:

• Up to six months in county jail, though many first-time offenders receive probation instead
• A maximum of $1,000, plus additional court costs, administrative fees, and other  fees
• Restitution to the victim for the value of the stolen property and any damages

Probation Conditions

Probation terms for petty theft cases are intended to prevent reoffending while providing accountability. Some terms of probation could include:

• Community service at approved nonprofit organizations
• Educational programs about the consequences of stealing
• Individual or group therapy sessions addressing underlying issues
• Stay-away orders that prevent you from entering the business where the theft occurred
• Monthly meetings with a probation officer
• No new arrests, as any criminal charges during probation trigger violation proceedings

Long-Term Consequences of a Petty Theft Conviction

A petty theft conviction can appear on background checks. This record can affect your ability to obtain employment, housing, or professional licenses in the future. Many employers conduct criminal background checks and may disqualify applicants with theft convictions, particularly for positions involving money handling or access to inventory.

It is possible to have your record expunged. Even with expungement, certain government agencies and licensing boards may still access your criminal history. Professional licenses in fields such as healthcare, finance, and education can be suspended or revoked based on theft convictions.

Defenses Against Petty Theft Charges

California law provides several affirmative defenses for a petty theft charge. Your attorney will evaluate which defenses apply to your situation and strive to create reasonable doubt or negotiate favorable plea terms.

Intent-Based Defenses

Lack of intent is one of the strongest defenses against petty theft charges because the prosecution must prove you intended to permanently steal the property. These defenses, which challenge the mental element required for conviction, include:

• You reasonably believed you had permission to take the property. For example, you borrowed a friend’s property after they let you do so in the past.
• You planned to return the item and didn’t intend to permanently take it from the owner.  For example, you borrow someone’s necklace without telling them, but fully intending to bring it back.
• You genuinely believed the property belonged to you. This can happen when that property looks like something you own.

Evidentiary Challenges

Successfully challenging the evidence can lead to dismissal or reduction of charges. These defenses, which focus on the reliability and admissibility of evidence, include:

• Challenging witness identifications or surveillance footage quality.
• Questioning how evidence was collected, stored, and handled, as chain of custody issues can happen.
• Demonstrating that the evidence can’t prove guilt beyond a reasonable doubt

Procedural Defenses

Procedural defenses challenge whether law enforcement and store security followed proper protocols during your detention and arrest. Violations of your rights can lead to evidence suppression or case dismissal. For example:

• Unlawful Detention: Store security exceeded a reasonable time or force in detaining you.
• Improper Search: Evidence was obtained through illegal searches of your person or belongings.
• Miranda Violations: The police failed to advise you of your rights before interrogating you.
• Entrapment: Law enforcement induced you to commit a crime you wouldn’t normally commit.

Diversion Programs and Alternative Sentencing

California offers multiple options for resolving petty theft cases without resorting to conviction. These alternatives recognize that first-time offenders often benefit more from education and community service than jail time. Successfully completing alternative programs can help you avoid the long-term consequences of a criminal conviction while addressing the underlying issues that led to the charges.

Pretrial Diversion Programs

Pretrial diversion allows you to complete program requirements to divert your case from prosecution and lead to a dismissal. These programs are typically available for first-time offenders and those charged with minor theft offenses. If you successfully complete all conditions, the charges may be dismissed.

Diversion programs include:

• Community service at approved nonprofit organizations
• Educational programs about the legal and personal consequences of theft
• Individual or group therapy addressing personal issues or substance abuse
• Restitution payments to victims for property value and related costs
• Avoiding the location where the alleged theft occurred

Alternative Sentencing Options

Courts have broad discretion in sentencing and often favor alternatives to incarceration for non-violent offenses. These options allow you to pay your debt to society while maintaining employment and family responsibilities. They include:

• House arrest with ankle bracelets instead of jail time
• Serving a sentence on weekends to avoid losing your job
• Live-in programs for substance abuse or mental health issues
• Community service supervision with regular progress reporting

Civil Consequences of Petty Theft

California Penal Code § 490.5 allows theft victims to pursue civil damages in addition to criminal penalties. These civil demands can range from hundreds to thousands of dollars, regardless of the stolen property’s value. You may face civil lawsuits even if criminal charges are dismissed or reduced.

Civil penalties under California law can include damages of not less than $50 and up to $500 plus the value of the stolen property. Some retailers hire law firms specifically to pursue these recoveries from alleged shoplifters. These civil cases proceed separately from criminal proceedings and have different rules and standards. 

It is important to note that employment termination often occurs when employers discover theft allegations or convictions. Many employers will terminate workers for theft-related arrests or charges. Professional licenses may even be suspended or revoked based on theft convictions, affecting your ability to work in licensed professions.

Arrested for Petty Theft In San Diego County? Call Attorney David Rubin

Petty theft charges in California carry consequences that extend far beyond the immediate penalties. The financial costs, employment consequences, and reputation damage can affect your life for years. However, with skilled legal representation, many defendants can minimize these consequences or avoid conviction entirely. If you’re facing petty theft charges in San Diego County, contact Rubin Law Office today at (619) 719-1087 or use the contact form to schedule your free consultation. Attorney David Rubin will review your case, explain your legal options, and develop a defense strategy tailored to your situation.