Theft occurs when you dishonestly take or appropriate another person’s property to permanently deprive the owner of the property. Theft crimes in California are determined according to the details of a crime. Petty theft, defined under PC 484(a), occurs when you wrongfully steal or take another person’s property of a value not exceeding $950. It is mainly a misdemeanor offense, punishable by six months in jail and $1000 in court fines. Additional consequences can follow after a conviction for petty theft, which can significantly impact your life, including socially and professionally.
You need the help of a skilled attorney to understand our charges and possible consequences if you face petty theft charges in Los Angeles. At CCLG: Los Angeles Criminal Attorney, we can help you protect your rights, navigate the complex legal process, and develop a solid defense against your charges. In addition to making the process smoother for you, we can influence the outcome of your case.
Legal Definition of Petty Theft
Petty theft occurs when you steal or wrongfully take another person’s property to deprive them of their property permanently. The property’s value, in this case, should be $950 or less. It is a misdemeanor offense that could result in a jail sentence, probation, and a hefty court fine. A conviction for petty theft also leaves you with a damaging criminal record that can affect your career prospects, efforts to rent or lease a property, or the ease with which you obtain insurance services or credit. Although misdemeanor convictions are generally not as severe as felonies, a conviction for petty theft can result in life-changing consequences. You need an effective defense to obtain a favorable outcome in your case.
There are many ways you can commit petty theft in California. Here are a few examples of situations that can result in charges under PC 484(a):
- When you borrow a kitchen appliance from your neighbor, valued at $700, with no intention of returning it
- Stealing a laptop from your employer’s office valued at $800
- Stealing electrical cables from your employer’s shipment valued at $500
Although petty theft is generally a misdemeanor offense, prosecutors can file felony charges under Proposition 36, which was passed into law in 2024, if you have two or more prior convictions for theft crimes on your criminal record.
The legal definition of petty theft under PC 484(a) constitutes the elements of the crime that the prosecutor must prove beyond a reasonable doubt to obtain a guilty verdict during a criminal trial. These elements are:
- You took a property that belonged to or was in the possession of another person
- The value of the property when you committed the crime was $950 or less
- The owner did not consent to your actions
- Your intention at the time was to deprive the owner of their property permanently
- You moved the property from one location to another, however slight
When you commit petty theft, it does not necessarily mean taking a person’s property from their direct possession. Also, the victim does not necessarily have to be the actual owner of the property. The victim could be in lawful possession or control of the property. What matters is that the owner, or the alleged victim, controls the property and does not consent to your actions.
For the purposes of this law, the value of a property is usually considered at fair market value. This implies the highest possible value of the property if it were to be sold in an open market. The value is also determined by the specific location and time the crime is committed.
Theft crimes are generally committed without the property owner’s consent. An owner’s consent can be implied or expressed. If you believe you had the owner’s permission or the right to the property, you can successfully fight your charges in court.
Additionally, the prosecutor must prove that you intended to deprive the owner of their property permanently. If you only needed the property for a short period, or you returned the property, the court will not find you guilty of petty theft. However, the prosecutor can file charges under a different statute, depending on other details of your case. Also, it is not necessary that you intended to benefit from the property in any way. You can commit petty theft even without intending to benefit from it.
The prosecutor must also prove that you moved the property from its original location to a different location. Even a slight or brief movement counts in this case. For example, removing a smartphone from another person’s pocket or purse counts.
In a case where multiple items are stolen, the prosecutor will file charges according to the exact details of the case. If you steal numerous items at once or in one incident, the prosecutor will file a single count of petty theft charges as long as the value of all the items does not exceed $950. However, you will face multiple petty theft charges if you steal items from different locations in different incidents.
Different Types of Petty Theft Crimes
When you commit a theft crime, the prosecutor must consider the exact details of your case to determine the charges to file against you in court. You can commit petty theft in many ways, hence the various types of this crime. All the types are charged under PC 484(a) and carry similar penalties. They include the following:
Petty Theft by Larceny
This type is also referred to as petit larceny. It occurs when you unlawfully take another person’s property, intending to deprive the person of the property permanently. In this case, the property’s value is relatively low (not more than $950). In this case, taking a person’s property means taking and carrying the property to another location.
You can face petit larceny charges for shoplifting, taking money from an unattended register, or stealing an item from an unlocked locker or safe.
Example: While attending a house party in a neighbor’s house, Sam steals a child’s iPad belonging to the host’s child. The iPad’s value at the time was $200. If Sam were caught, they would be charged with petty larceny.
Petty Theft by Trickery
This occurs when you use deception to obtain another person’s property unlawfully. The perpetrator deceives or tricks the property owner, or the person in control of the property, into surrendering the property to their possession, not ownership. This theft crime is different because ownership is not transferred to the perpetrator. The property owner is deceived or tricked into temporarily handing over their property to the perpetrator, while the perpetrator intends to permanently deprive them of their property.
Example: Gabriel asks to use Mary’s phone to make an urgent call, lying that his phone’s battery had died. However, he intended to steal Mary’s phone, valued at $700. After successfully convincing Mary of how vital the call he was about to make was, Mary sympathetically hands over her phone. She takes her eyes off Gabriel for a few seconds, and that is how she loses her phone. If caught, Gabriel is guilty of petty theft by trickery for using deception to steal Mary’s phone.
Theft by Embezzlement
Embezzlement occurs when you fraudulently take or use another person’s property that the person has entrusted to you. Embezzlement occurs after someone else has handed over their property to you through a trust. The crime happens when you take advantage of that trust to commit theft by taking or using the property for your gain.
In this case, the prosecutor must prove three elements, which include:
- You committed fraudulent appropriation of another person’s property without the owner’s consent or authorization.
- You intended to temporarily or permanently deprive the owner of their property.
- You had a fiduciary relationship with the owner, based on trust.
Example: After searching for a job for several months, Jake finally gets a sales job in a jeweler’s shop. His job description mainly involves showcasing some of the finest jewels to prospective customers. Once, he carried an expensive piece of jewelry home to impress his friends. One of his friends likes the piece so much that he makes Jake an offer.
Jake is guilty of embezzlement, regardless of whether he sells the jewelry to his friend. What matters is that he appropriated something entrusted to him for personal gain, intending to deprive its owner of the property temporarily or permanently.
He cannot defend himself from petty theft charges because he intended to return the jewelry to the owner.
Theft by False Pretenses or Fraud
This occurs when you lie or make a misrepresentation of yourself or facts to obtain another person’s property. This crime is very similar to petty theft by trickery, whereby you cause a person to hand over their property to you through deception. Your intention could be to permanently or temporarily deprive the owner of their property.
Example: When his employer was out of town a few weeks ago, Felix tricked his manager into handing over the company’s printer to him. He lied that their employer had authorized it and even showed a forged conversation to the manager to make it seem real. Unbeknownst to the manager, Felix intended to quickly sell the printer, resign, and flee the state before his employer’s return. However, he was arrested even before executing the entire plan.
In this case, Felix is guilty of using fraud to obtain another person’s property.
Possible Penalties of a Petty Theft Conviction
Petty theft is mainly a misdemeanor offense under PC 484(a). Possible penalties include the following:
- Six months in jail, or
- Misdemeanor probation
- $1000 in court fines
The judge can sentence you to jail for six months or misdemeanor probation for three to five years. Being on probation means serving your sentence from home under strict probation conditions. Although you can work, care for your family, attend school, and do other things you usually do, you must be careful not to violate probation since it comes with severe consequences. The judge sets the conditions you must abide by throughout the probation period. Examples include the following:
- Not to engage in crime while on probation
- To submit periodic progress reports to the court
- To pay restitution to the victim of your crime
- To pay all court fines
- To complete the required number of community service hours
The judge can also order you to register and complete a treatment program if you have an underlying problem that could cause you to re-offend after serving your sentence or during probation. You could be treated for drug or alcohol addiction, stress management, or specific behavioral problems.
If you violate probation, the judge will hold a hearing to determine your reasons and possible action by the court. The judge can take any of the following actions following the probation violation hearing:
- To continue probation under the same terms and conditions, but with a strict warning against further violations
- To continue probation after a stern warning, but with more stringent probation conditions
- To discontinue probation and sentence you to jail for the recommended period
Probation violations can also affect other legal processes, such as expungement. Based on the violation, the judge can deny your request to expunge your criminal record. Judges can also deny probation if you are arrested in the future, based on prior probation violations.
Plea Bargains
You can choose this option for a favorable outcome in your case. Your skilled attorney can propose a plea bargain if the prosecutor has compelling evidence against you that could result in severe penalties. If this works, you will plead guilty to a less severe offense or accept a penalty in exchange for a confession. Prosecutors also propose plea deals if uncertain of a trial’s outcome. Instead of spending so much time and resources on a case they will likely lose, a plea deal ensures that justice is served.
Diversion programs are also available for people facing petty theft charges. These programs mainly benefit defendants facing non-violent misdemeanor charges. The judge can halt your case until you complete a court-recommended treatment program. If you perform well in the program, the court dismisses all your charges. However, if you fail to complete the program as ordered, the judge continues your case from where they left off. This is an opportunity to change your life and avoid the severe consequences of your actions. However, you must be eligible to benefit from a diversion program.
Petty Theft Penalties for Repeat Offenders
Remember that petty theft charges can be severe, under Proposition 36, if you have a prior conviction for a theft-related offense on your criminal record. The prosecutor will file theft charges against you under PC 666 if you have a prior conviction for any of the following crimes on your record:
- Grand theft
- Petty theft
- Carjacking
- Burglary
- Robbery
- A felony conviction for receiving stolen goods
PC 666 is a wobbler offense, meaning you can face misdemeanor or felony charges. A misdemeanor is punishable by one year in jail and a $1000 fine. However, a felony conviction can result in up to three years in prison. A felony conviction will also have a grave impact on your life. For example, it will affect your gun rights and could remain on your criminal record for years.
Fighting Petty Theft Charges in California
A conviction can significantly affect various aspects of your life if you face petty theft charges. In addition to the criminal penalties you receive upon conviction, a conviction will result in a criminal record that can impact your life for years. You could face challenges finding a suitable job, renting a house, or favorable insurance or credit rates due to your criminal record. However, you can obtain a favorable outcome if you fight your charges during the trial. A competent criminal attorney can use the best strategies to cause the court to dismiss or reduce your charges. Here are some of the methods that can work in your case:
Your Actions Were Accidental
You commit theft when you deliberately and criminally take another person’s property without their consent or authorization and with the intent to deprive the owner of the property temporarily or permanently. Thus, a guilty verdict under PC 484(a) requires the prosecutor to prove that your actions were deliberate or willful. You are not guilty of petty theft if you accidentally took another person’s property.
If you mistakenly take another person’s bag or gadget, thinking it was yours, this can be the case. You can also use this defense if you took off with someone else’s valuables in your bag or pocket without your knowledge. You could also have distractedly taken something belonging to another person and not even noticed it.
Your attorney can prove that you did not have criminal intent, although you took another person’s property without their consent. Attempting to return what you mistakenly took can also work in your favor if it happens before the trial.
You Had the Property Owner’s Consent
Theft occurs when you take something without the owner’s consent. You are not guilty if the property owner allowed you to take the property. This defense strategy can work in various situations. For example, if you took something that was in the lawful possession of a third party, but you had the actual owner’s consent, the third party cannot accuse you of petty theft. You can use this strategy if the owner denies or forgets giving consent. You can prove your innocence by providing recorded communication between the two of you, whether in text messages, email, or voicemail.
Additionally, remember that consent can be expressed verbally or implied. You may not be convicted of petty theft if you asked someone to give you something for temporary or permanent use, and they implied consent. You can provide details of the owner’s response so the court can understand why you believed you had the owner’s permission.
The Property Was Borrowed
When you borrow something, it is usually intended to be returned after some time. The time within which you should return a borrowed item must be reasonable. The court decides how much time is reasonable, depending on the item. You can use this defense strategy to return the owner’s property within a reasonable period. If you convince the court of this, the judge can reduce or dismiss your charges.
You can call an eyewitness who heard or knew of your intent to return the borrowed property. You can also provide proof of your attempt to return the borrowed property to its rightful owner. A record of prior communication between you and the property owner can also prove your intent to return the property.
You Had The right to the Property
If you believe you have the right to a particular item, you can freely take it without seeking anyone’s consent. This would be a mistake if you do not have the right to that item. If you face petty theft charges because you took something you believe you had the right to, you can demonstrate the genesis of your belief in court to cause the court to dismiss your charges.
For example, if you jointly own a vehicle with another person, you have the right to the car and the other person. You will commit theft if you take that vehicle for a ride. With the help of your attorney, you can provide documents to verify your ownership, including receipts and deeds.
Find an Experienced Criminal Attorney Near Me
Do you or a loved one face petty theft charges in Los Angeles?
Although petty theft is mainly a misdemeanor, it can result in severe penalties and life-changing consequences if a court finds you guilty. However, you can influence the outcome of your case through effective criminal defense.
At CCLG: Los Angeles Criminal Attorney, we know how stressful an arrest for petty theft is. We can help you understand what to expect and how to navigate the complex legal process. We can also defend your rights and develop a strong defense for your charges. Together, we can compel the court to reduce or dismiss your charges. Call us at 323-922-3418 for more information about your charges and our services.
