Petty Theft (PC 484/488) FAQ

Petty theft is defined under California Penal Code Section 484 and 488 as the unlawful taking of another person's property valued at $950 or less. This criminal offense encompasses several different forms of theft, including larceny (physically taking and carrying away someone else's property), obtaining property through fraud or deception, acquiring property by false pretenses, and embezzlement (converting property that was entrusted to you for your own use).

The key elements that prosecutors must prove beyond a reasonable doubt for a petty theft conviction include: (1) you took possession of property owned by someone else; (2) you took the property without the owner's consent; (3) when you took the property, you intended to deprive the owner of it permanently or to remove it from the owner's possession for an extended period; and (4) you moved the property, even a small distance, and kept it for any period of time, however brief. The property must be valued at $950 or less to constitute petty theft rather than grand theft.

Petty theft is generally charged as a misdemeanor offense in California, though the specific circumstances of your case can influence the charges and potential penalties you face.

Under California Penal Code Section 488, petty theft is punishable as a misdemeanor with a maximum sentence of up to six months in county jail and/or a fine of up to $1,000. However, the actual penalties imposed vary significantly based on the circumstances of the offense, your criminal history, and the discretion of the judge handling your case.

In addition to potential jail time and fines, the court may impose summary (informal) probation for a period typically lasting one to three years. Conditions of probation often include requirements such as completing a specified number of community service hours (often 40-100 hours), attending and completing theft prevention or shoplifter education classes, paying full restitution to the victim for the value of stolen property, submitting to search and seizure without a warrant, and maintaining good behavior with no new arrests or violations.

Beyond the direct criminal penalties, a petty theft conviction can result in collateral consequences including difficulty obtaining employment (especially in positions involving financial responsibility or trust), challenges securing professional licenses, negative impact on housing applications and rental opportunities, potential immigration consequences for non-citizens including deportation or inadmissibility, and a permanent criminal record that appears on background checks. These long-term consequences often prove more burdensome than the immediate criminal penalties, making it essential to take petty theft charges seriously and seek qualified legal representation.

The primary distinction between petty theft and grand theft under California law is the value of the stolen property. Under California Penal Code Sections 484-488, petty theft involves the unlawful taking of property valued at $950 or less, while grand theft under Penal Code Section 487 involves property valued at more than $950. This $950 threshold was established by Proposition 47, which was passed by California voters in 2014 and reclassified many theft offenses.

However, value is not the only factor distinguishing these offenses. Grand theft can apply to specific types of property regardless of value, including firearms or other weapons, automobiles and vehicles (regardless of their actual value), and property taken directly from another person's body or immediate possession. The method of taking can also elevate a theft to grand theft in certain circumstances.

The classification has significant implications for potential penalties. Petty theft is always charged as a misdemeanor with a maximum penalty of six months in county jail. Grand theft, by contrast, is typically charged as a "wobbler" offense, meaning prosecutors have discretion to charge it as either a felony or a misdemeanor depending on the circumstances and your criminal history. A felony grand theft conviction can result in up to three years in county jail or state prison, while a misdemeanor grand theft conviction carries up to one year in county jail. The felony designation also results in more severe long-term consequences, including loss of gun rights, greater impact on professional licensing, and more significant immigration consequences for non-citizens.

Yes, petty theft charges can potentially be reduced or dismissed through various legal strategies and programs available under California law. One of the most favorable options is pretrial diversion under Penal Code Section 1001.50, which allows eligible first-time offenders to complete a theft education program, perform community service, and pay restitution in exchange for having the charges completely dismissed. Successful completion of diversion means no conviction appears on your record.

Even if diversion is not available, experienced criminal defense attorneys can often negotiate with prosecutors to reduce charges to lesser offenses such as trespassing (Penal Code Section 602), disturbing the peace (Penal Code Section 415), or an infraction rather than a misdemeanor. These reduced charges carry lesser penalties and may have fewer long-term consequences on your record.

Charges may be dismissed entirely if your attorney can demonstrate insufficient evidence to prove the case beyond a reasonable doubt, lack of intent to permanently deprive the owner of property (a required element of theft), mistaken identity or false accusation, violation of your constitutional rights during arrest or interrogation, or procedural errors in how the case was handled by law enforcement or prosecutors. Additionally, if you can show that you had a good faith belief that you had a right to the property (claim of right defense), or that the owner consented to your taking the property, the charges may be dismissed.

The availability of these options depends heavily on the specific facts of your case, your criminal history, your willingness to accept responsibility and make amends, and the skill of your defense attorney in negotiating with prosecutors and presenting your case to the court.

Several strong defenses can be raised against petty theft charges under California Penal Code Sections 484 and 488. The most common and effective defenses include claim of right, lack of intent to steal, mistaken identity, and false accusation. Understanding these defenses is crucial for anyone facing petty theft charges.

The claim of right defense applies when you had a good faith belief that you had a right to the property in question or that the property belonged to you. Even if this belief was mistaken, as long as it was honest and held in good faith, it negates the intent element required for a theft conviction. This defense is particularly relevant in disputes between business partners, roommates, or family members where ownership of property may be unclear or disputed.

Lack of intent is another powerful defense. The prosecution must prove beyond a reasonable doubt that you intended to permanently deprive the owner of their property. If you intended only to borrow the item temporarily, or if you took it by mistake or accident, you lacked the necessary criminal intent for theft. Similarly, if you were intoxicated involuntarily (such as being drugged without your knowledge), you may have lacked the capacity to form the required intent.

Other viable defenses include mistaken identity (you were not the person who committed the theft), false accusation (someone falsely accused you for personal or malicious reasons), entrapment by law enforcement (police induced you to commit a crime you otherwise would not have committed), consent of the property owner (the owner gave you permission to take the property), and duress or necessity (you took the property under threat of harm or to prevent a greater harm). Each case is unique, and an experienced criminal defense attorney can evaluate which defenses apply to your specific situation and build the strongest possible defense strategy.

Yes, a petty theft conviction will appear on your California criminal record and can be discovered through background checks conducted by employers, landlords, professional licensing boards, and other entities. This misdemeanor conviction becomes part of your permanent criminal history maintained by the California Department of Justice and the FBI, and it will appear in searches of court records and criminal databases.

The presence of a theft conviction on your record can have significant long-term consequences. Many employers, particularly those in retail, finance, healthcare, education, and positions involving access to money or valuable property, conduct background checks and may be reluctant to hire individuals with theft convictions. This is especially true for positions requiring bonding or involving fiduciary responsibilities. Similarly, landlords often run background checks on prospective tenants and may deny housing applications based on criminal history. Professional licensing boards for lawyers, nurses, accountants, real estate agents, and other professions consider criminal convictions when evaluating license applications or renewals.

However, California law provides mechanisms to limit the impact of a petty theft conviction on your record. Under Penal Code Section 1203.4, you may be eligible to petition the court for expungement after successfully completing probation or your sentence. If granted, the expungement allows you to withdraw your guilty or no contest plea, enter a plea of not guilty, and have the case dismissed. While the conviction will still appear in certain government and law enforcement databases, you can generally state on job applications (with some exceptions for government positions) that you have not been convicted of the crime. This can significantly improve your employment and housing prospects and help you move forward with your life after a conviction.

Under California Penal Code Section 802, the statute of limitations for petty theft is one year from the date the offense was allegedly committed. This means that prosecutors must file criminal charges within one year of the date of the alleged theft. If the prosecution fails to file charges within this one-year timeframe, the case is generally barred from prosecution, and you cannot be charged with that offense even if clear evidence of guilt exists.

The statute of limitations serves important purposes in the criminal justice system. It ensures that prosecutions are based on reasonably fresh evidence, protects defendants from having to defend against stale claims where witnesses' memories have faded and evidence may have been lost or destroyed, and provides closure and certainty by preventing the indefinite threat of prosecution. Once the statute of limitations has expired, you have an absolute defense to the charges, and the case must be dismissed.

However, there are important exceptions and nuances to be aware of. The statute of limitations may be "tolled" (paused) under certain circumstances, such as when the defendant is out of state or has absconded from justice. Additionally, the statute begins to run from the date of the offense, not from the date the crime was discovered. In cases involving ongoing theft or embezzlement, determining when the statute begins to run can be complex. If you believe the statute of limitations may have expired on charges you're facing, it's essential to consult with a criminal defense attorney who can analyze the specific timeline in your case and raise this defense appropriately. The statute of limitations is an affirmative defense that must be properly raised, or it may be waived.

While jail time is legally possible for a first-time petty theft offense under Penal Code Section 488 (which authorizes up to six months in county jail), it is relatively uncommon for first-time offenders with no prior criminal history to actually serve jail time. Courts and prosecutors generally recognize that incarceration is often counterproductive for non-violent first-time offenders and that alternative sentencing options better serve the interests of justice and public safety.

For first-time petty theft offenses, courts typically impose alternative sentences such as informal (summary) probation for one to three years with various conditions, community service or community labor (often 40-100 hours), mandatory theft prevention or shoplifter education classes, restitution to the victim for the value of stolen property, and/or fines (up to $1,000). Many jurisdictions also offer pretrial diversion programs under Penal Code Section 1001.50, which allow eligible first-time offenders to complete educational classes and community service in exchange for having the charges dismissed entirely.

However, several factors can increase the likelihood of jail time even for a first-time offense, including high value of stolen property (approaching the $950 threshold), aggravating circumstances such as stealing from a vulnerable victim, use of force or threats during the theft, evidence of planning or sophistication, failure to show remorse or accept responsibility, inability or unwillingness to pay restitution, violation of pretrial release conditions, or failure to appear at court hearings. Additionally, if you have prior convictions for other offenses (even if not theft-related), or if you violate probation conditions after conviction, jail time becomes more likely. The best way to avoid jail time is to retain an experienced criminal defense attorney who can advocate for alternative sentencing, negotiate for diversion or reduced charges, and present mitigating factors to the court.

California Penal Code Section 1001.50 authorizes pretrial diversion programs for individuals charged with petty theft and certain other specified theft-related offenses. These diversion programs offer an alternative to traditional criminal prosecution and allow eligible defendants to avoid a criminal conviction by completing specific requirements within a designated timeframe, typically six to twelve months.

To be eligible for petty theft diversion, you generally must meet certain criteria: you have not previously participated in diversion for a theft-related offense, you have no prior convictions for theft or fraud offenses (in some jurisdictions), the current offense did not involve violence or threats, you accept responsibility for your actions and agree to the diversion terms, and you are not currently on probation or parole for another offense. Eligibility requirements may vary by county, as individual district attorneys have discretion in implementing diversion programs.

If accepted into a diversion program, you will typically be required to complete several conditions, including attending and completing theft prevention or anti-shoplifting education classes, performing a specified number of community service hours, paying full restitution to the victim for the value of stolen property, paying diversion program fees (which vary by county), staying out of legal trouble and avoiding new arrests, and completing any additional requirements imposed by the court or diversion program. Upon successful completion of all program requirements, the criminal charges are dismissed, and no conviction appears on your record. This is the most favorable outcome possible, as it allows you to avoid the collateral consequences of a criminal conviction. However, if you fail to complete the diversion program or violate its terms, you will be returned to the regular criminal justice process and may face prosecution on the original charges. For this reason, it's important to take diversion requirements seriously and comply with all conditions.

Under federal immigration law, petty theft convictions can have serious consequences for non-citizens, including lawful permanent residents (green card holders), visa holders, and undocumented individuals. While a single petty theft conviction is generally not classified as an "aggravated felony" under immigration law, and may not constitute a "crime involving moral turpitude" (CIMT) if certain conditions are met, it can still negatively impact your immigration status and future applications for immigration benefits.

The "petty offense exception" under immigration law may protect some individuals from the most severe consequences. This exception applies if the maximum possible sentence for the offense is one year or less, and the actual sentence imposed is six months or less. A conviction that falls within this exception may not be considered a CIMT for immigration purposes. However, this protection is limited, and subsequent theft convictions or theft convictions combined with other criminal history can result in designation as a CIMT, making you deportable or inadmissible.

Immigration consequences of petty theft convictions can include removal (deportation) proceedings, particularly if you have multiple theft convictions or other criminal history, inadmissibility, which can prevent you from re-entering the United States if you travel abroad, denial of naturalization applications for U.S. citizenship, denial of visa renewals or adjustments of status, and mandatory detention during removal proceedings in some cases. The specific immigration consequences depend on factors including your current immigration status, whether you have any prior criminal convictions, the specific elements of the petty theft conviction, whether the offense involved fraud or intent to defraud, and the value of property involved.

If you are a non-citizen facing petty theft charges, it is absolutely critical that you retain an attorney who understands both criminal law and immigration law. Under Padilla v. Kentucky, criminal defense attorneys have a constitutional duty to advise non-citizen clients about the potential immigration consequences of criminal convictions. An experienced attorney may be able to negotiate for alternative charges or dispositions that avoid triggering immigration consequences, such as diversion programs that result in dismissal rather than conviction, or plea agreements to offenses that are not considered CIMTs under immigration law.