You commit a crime of petty theft when you take something belonging to another person without their consent, and the value of the property is $950 or less. Petty theft is one of the most common types of theft crimes. Often, the offense occurs through shoplifting or taking items in a retail store without an intention to pay.

Facing charges and a conviction for petty theft can be a serious matter, especially when you are a repeat offender. The penalties for petty theft under Penal Code 484 range from fines, restitution, and even jail time, depending on the circumstances of your case.

If you or a loved one faces an arrest and charges for petty theft, it is crucial to seek legal advice from a knowledgeable defense attorney. At California Criminal Lawyer Group, we are committed to offering you the legal advice and representation you need to reach a favorable case outcome. We serve clients facing petty theft charges in Fresno, CA.

Overview of Petty Theft in California

Petty theft is a crime that occurs when you unlawfully and intentionally take another person’s property. Since petty theft is a crime specific to the monetary value, items taken must be worth $950 or less for you to be charged for this crime. The property in this case taken must not be:

  • A vehicle.
  • Horse.
  • Firearm.
  • Aqua cultural produce worth more than $250.

Some of the real-world examples involving petty theft include:

  • Switching price tags on items in a store so you can pay less.
  • Failing to scan the ems in a shopping cart at a self-checkout register.
  • Packaging a valuable item in a box designed for a less valuable product.
  • Eating in a restaurant and running away before you pay for the food or drinks.

Petty theft is classified into four different categories, and the elements of crime vary based on the form of criminal charge you face. The different types of petty theft addressed under CPC 484 include:

Theft by Larceny

Most petty theft crimes are a result of larceny. This occurs when you physically take and go away with another person’s property. Before you face a conviction for petty theft by larceny, the prosecution must establish these elements:

  • You took property owned by another person. The victim of your actions does not need to be the actual property owner for petty theft to occur. 
  • You took the item without the owner’s consent. Consent is a significant element in theft crimes. Therefore, before you are found guilty of violating PC 484, the prosecution must prove that you took the property without permission from the owner.
  • You acted intending to deprive the owner of its enjoyment for a significant amount of time. The amount of time you unlawfully denied the owner of the property’s enjoyment is determined by the court during the trial.
  • You moved the property a distance away from its owner. However, you must have carried away the property regardless of the distance to complete a petty theft.

Petty Theft by False Pretense

You commit a crime of petty theft by pretense if you use pretense to persuade the owner to turn over ownership of the property to you. The elements required to prove this type of petty theft include:

  • You deceived a property owner by fraudulent or false representation.
  • You used the false information to persuade the owner into letting you or another person take the property.
  • The property owner allowed you to have it based on the false information that you provided.

Theft by Trick

The prosecution must establish these elements to secure a conviction for petty theft by a trick in California:

  • you took property that you knew belonged to another person.
  • You used deceit or fraud to obtain the property from its owner unlawfully.
  • When you took the property, you intended to deprive the owner of its use permanently or for a significant duration of time.
  • The property owner did not intend to pass its ownership to you.

Theft by Embezzlement

Theft by embezzlement is another angle in which the prosecutor can bring petty theft charges against you. When you face charges for theft by embezzlement, the prosecutor has a burden to prove these elements:

  1. The property owner entrusted you with the property you allegedly stole.
  2. The owner acted so since they trusted you.
  3. You fraudulently took the property for personal benefit.
  4. When you acted, you intended to deprive the victim of its use.

Penalties for Petty Theft

In California, petty theft is a misdemeanor. A conviction for this offenses is punishable by:

  • Fines of up to $10,000.
  • A jail sentence not exceeding six months.
  • Community service.
  • Restitution. If you are convicted for petty theft, you may be required to compensate the victim for the financial losses they incurred due to your actions.
  • Misdemeanor probation. As an alternative to jail time, the judge may sentence you to probation. If you are sentenced to probation, you may serve part of your since out of jail. However, you will need to adhere to probation conditions set by the judge. Failure to do this could result prompt the court to revoke your probation and reinstate the jail sentence.

In addition to the legal penalties, a conviction for petty theft may impact your life significantly. For example, most employers may use your conviction to deny you a job opportunity. Similarly, landlords often conduct background checks on potential tenants and may be reluctant to rent an individual with a criminal record.

A conviction under CPC 484 may have a negative implication on your immigration status. Sometimes a conviction can result in deportation or being rendered inadmissible. For example, petty theft committed with an intention to defraud is a crime of moral turpitude, and these crimes are considered deportable under California criminal law.

Legal Defense Against PC 484 Charges

Petty theft may be the lowest form of theft crime, but the consequences accompanying a conviction for this crime can be life-changing. When a conviction under PC 484 enters your criminal record, you may find it difficult to secure a job or even a decent place to live. With the guidance of your criminal defense attorney, you can prepare a strong defense for your case using the following strategies:

  • Lack of Intent to Steal

Before you face a conviction for petty theft, the prosecutor must establish that you had an intention to steal the item and deprive the owner of its use. If you take something by accident, you cannot be found guilty of this crime. However, you have a right to a not guilty verdict if the specific intent to commit the crime is unclear.

  • Asportation

To constitute a theft crime, you must have moved the property away from the owner. Also, the property should be in your complete possession. Therefore if the prosecutor cannot establish that the item was in your control and moved it a distance away from the owner, you cannot face a theft conviction.

  • The Item Was Borrowed

Under CPC 484, you commit a crime of petty theft when you take away property belonging to another person with an intent to deprive them of its enjoyment permanently. You can argue that you were borrowing the property and you intended to return it after use. However, you can only use this defense if you attempted to return the item after a reasonable amount of time.

  • Arrest Resulted from Illegal Search and Seizure

Law enforcement must have probable cause, a reasonable belief of your involvement in the crime before searching your belongings, vehicle, or home. In the case where a warranty is involved, the search warrant should have the judge’s signature. Any evidence collected through an illegal search or seizure is not admissible in court. Therefore, if you or your loved one faces charges for petty theft due to an illegal search, you can seek to exclude the evidence from the case. 

  • Owners Consent

You are only guilty of petty theft if you took the property without the owner’s consent. Claiming that you acted with consent from the property owner is a solid legal defense. Sometimes, theft charges are a result of the owner changing their mind after they give their consent. Therefore, you can claim that you believed that the owner agreed to you taking the property.

  • Claim of Right

Defense on a claim of right for petty theft charges requires a genuine belief by the defendant that they are entitled to the stolen property. Although this is a straightforward defense, it is not easy to establish. Therefore, the court will require that you provide evidence upon which the belief was based.

  • False Accusations

It is a common occurrence for petty theft charges to be based on false accusations. Sometimes, a fallout between people, jealousy, or revenge could prompt another person to bring false accusations against you. Therefore, you can build your case around this defense strategy.

  • Intoxication

You can successfully defend petty theft charges by establishing that you were intoxicated when the alleged crime occurred. You cannot face a conviction regardless of intoxication if you could not form the required intent to steal. However, it is crucial to understand that even though intoxication is a reasonable defense, public intoxication is a crime.

Expunging A Petty Theft Criminal Record

When you face a conviction for petty theft in California, the conviction will enter your criminal record. A criminal record can create a challenging downstream of consequences that will still follow you even after the court-imposed sentence ends. For example, most potential employers carry out a background check before offering you a job, and a petty theft conviction may affect your chances of securing the job.

Expungement of a criminal record is a process white you acquire relief from the consequences of your conviction. Expungement of a criminal record is available for both misdemeanors and felonies. For example, if you have a petty theft conviction in your record, you can petition the court for an expungement. You will be eligible to expunge if:

  • You have completed your probation successfully. Successful completion of probation means that you adhered to all terms of probation, including paying the fines, attending court appearances, and avoiding criminal activity while on probation.
  • When you petition the court to expunge your conviction, you should not be facing additional charges. Also, you should not be serving probation or a sentence for another offense.

Although you must have completed probation before seeking an expungement, probation violation does not mean all hope is lost. If you violated probation, the court could deny or grant your petition depending on:

  • Your overall conduct while on probation.
  • The severity of your conviction.
  • Your criminal record.

If the court grants your petition to expunge your petty theft conviction, you will withdraw the guilty or no contest and enter the not guilty plea. The court will then relieve you of the disabilities that accompany the conviction.

Some of the benefits that you accrue from expunging a conviction include:

  1. You will not face discrimination from employers based on the conviction. Even though an expunged conviction is still visible in your background check, an employer cannot use it as a basis to deny you the job. Also, you can honestly answer no when asked about prior convictions.
  2. Expunging your conviction makes it easy to obtain a professional license. In California, a criminal conviction can significantly affect your ability to obtain a professional license. However, with an expunged criminal record, you will not face an automatic denial of the license.
  3. An expunged conviction will not be used to discredit you as a witness. When you face a conviction, the court may discredit you as a witness in another case. However, when you expunge the record, you will be relieved of this disability.
  4. If you successfully expunge your conviction, you can avoid immigration consequences such as deportation. 

Offenses Related to Petty Theft in California

Petty theft is one of the forms of petty theft with which you can be charged if you take property belonging to another person to deprive them of its use. In addition, however, there are closely related offenses that could be charged together with or instead of petty theft, including:

Petty Theft with a Prior

You violate CPC 666 of petty theft with a prior when you commit an offense of petty theft while having a record of an offense such as grand theft, burglary, robbery, carjacking, or receiving stolen property. Also, you can receive a penalty enhancement for petty theft you have served jail time or have a prior conviction for a violent or sex crime. For this statute, a violent crime may include murder, manslaughter, vehicular manslaughter, or any other felony punishable by life imprisonment in California.

As a first-time offender, petty theft is a misdemeanor. However, petty theft with a prior can be charged as a felony or a misdemeanor. A felony conviction for petty theft with a prior attracts a three years jail sentence. When charged as a misdemeanor, PC 666 is punishable by a one-year jail sentence.

When petty theft with a prior is charged as a felony, a conviction may affect your ability to own or purchase a firearm. If you are battling charges for petty theft with a prior, you will require the insight of a competent criminal attorney.

Grand Theft

Under California Penal Code 487(a), grand theft is the unlawful and illegal taking of another person’s property whose value exceeds $950. Like petty theft, grand theft can be committed through larceny, trick, pretense, or embezzlement.

Grand theft can be charged as a misdemeanor or a felony, depending on the nature of the crime. However, the prosecution will not consider the property’s value under certain circumstances and always charge the crime as a felony. Some of these circumstances include:

  • Theft involving a firearm.
  • Theft, where the item involved was a vehicle or any other mode of transportation.
  • When theft involves property taken directly from another person’s possession, the crime will always be charged as a felony.

If you face charges for grand theft and your crime does not fit the above category, you can fight to reduce the charges to petty theft. As a misdemeanor, grand theft is punishable by a one-year jail sentence and a fine of up to $1,000. A felony conviction, on the other hand, attracts a three years jail sentence. Therefore, if you face a conviction for grand theft of a firearm, your crime will be considered as a serious felony, and you could be sentenced to up to three years in State Prison and a strike under California Three strikes law.

It is important to understand that sentence enhancements apply to offenses involving the highly valuable property. Therefore, if you or a loved one faces grand theft charges, it is crucial to seek legal guidance and representation.

Burglary

The crime of burglary involves entering a commercial, residential structure or annoy other property to commit grand theft, petty theft, or any other crime. You can be charged with burglary even when you did not use threats or force to enter the structure. The prosecutor must establish the following elements of the crime to secure a conviction for burglary:

You enter a building or structure. The prosecutor does not need to prove the use of force or violence to enter the property. However, placing your hand or part of the body into an open window or door does not constitute this element of burglary.

You acted with an intent to steal something or commit a felony. Your actions will only qualify as burglary if the prosecution can establish your intent. Therefore, you can face a conviction for burglary even when you did not succeed in committing the alleged crime. An intent to commit a crime can be very challenging to prove in a criminal burglary case. Therefore. Challenging the intent is a commonly used defense strategy to fight burglary charges.

Felony. Concerning the crime you intended to commit when you entered the establishment, the prosecutor can show that you intended to commit another crime that could be classified as a felony. The intended crime does not need to be theft-related.

In California, burglary is charged under CPC 459 and is classified into two categories:

  1. First Degree Burglary

Burglary in the first degree involves entering an inhabited structure even when it was not occupied at the time you entered. First-degree burglary is always charged as a felony, and a conviction will attract a prison sentence of up to six years. If you face first-degree burglary charges, the court will be reluctant to grant you probation. First-degree burglary is a crime under the three-strikes law. If you already have two strikes in your record, a conviction for this crime will result in a prison sentence of twenty-five years to life.

  1. Second Degree Burglary

Second-degree burglary refers to all other forms of burglary that are not addressed under first degree. Second-degree burglary is a wobbler. A conviction for a felony attracts a prison sentence of up to three years. When charged as a misdemeanor, burglary in the second degree is punishable by a one-year jail sentence.

If you cause serious injury to another person during the commission of a burglary in California, you could face additional battery charges.

Contact a Fresno Criminal Attorney Near Me

Petty theft is a type of crime based on a monetary scale. You can face an arrest and charges under California Penal Code 484 if the value of the property you took is $950 or more. Although petty theft is the lowest level of theft crime, it can still result in some serious consequences that last long after the court-imposed penalties have ended. Fortunately, not all arrests for this crime result in a conviction. With the right defense strategies and a strong legal team, you can work through reducing your penalties or dismissing the case.

At California Criminal Lawyer Group, we could help build your defense strategy if you face petty theft charges. Our attorneys will pursue your case aggressively by finding weaknesses in the evidence presented against you by the prosecution. If you are battling petty theft charges in Fresno, CA, you will need us by your side. Call us today at 559-712-8377 and allow us to guide you through your case.