If the aggregate loss exceeds statutory amounts ranging from $50,000 to $2.5 million, an additional term of one to four years may be imposed11. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. A petty theft offense qualifies as a misdemeanor under PC 484. Pursuant to California Penal Section 490.1, if you stole property the value of which is $50 or less, your attorney may be able to convince a prosecutor to reduce your charge to an infraction. Common Questions After A DUI Arrest In California. First-Time Offender Programs. for a free case review at one of our offices located in: West Los Angeles, Torrance, Long Beach, West Covina, Pasadena, and Santa Clarita. The good news in your case, is that when it is your first offense and the merchandise is worth less than $50 the case could be reduced to an infraction, at which point the only punishment would be a fine. The range of penalties will depend on the value of the property and whether the offender has certain prior convictions. While this may result in no jail time, the maximum possible penalty for this offense is six months in county jail and a fine that ranges from $50 to $1,000. In California, any theft of property or currency NOT exceeding $950 is considered petty theft under misdemeanor Penal Code statute 484. Penalties increase with each shoplifting charge, and you may even face prison with multiple convictions. Misdemeanor petty theft with a prior carries up to 364 days in county jail. The penalties for a California petty theft conviction can result in jail time, probation, fines, community service, and/or “stay away” order from the victim or retail store. Under California law, petty theft is a misdemeanor offense. Pursuant to California Penal Code Section 666 – Petty Theft With a Prior, if you have been convicted three or more times of any of the following offenses (listed below), and you served time, you may face increased penalties for a petty theft conviction: If you have been arrested and would like to learn more about what attorneys charge. Common punitive measures for this crime include a maximum fine of $1,000 or a six-month county jail sentence. Some of the common ones include Petty Theft, Shoplifting, and Grand Theft. You may also be placed on probation. Misdemeanor petty theft with a prior carries up to 364 days in county jail. In the state of California, section 488 of the Penal Code outlines the punishments for petty theft. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The rule of thumb is that the higher the value of items that were stolen the more severe the punishment will be. A store clerk that works at a department store pockets some of the cash after work. A man went into a shop and falsely claimed to be someone that he was not so that he could pick up a package that was not purchased by him. 2/ she's house wife with 2 kids. Petty theft is usually charged as a misdemeanor if it is a first offense, and the value of the property stolen is valued between $50 and $400. Minor theft charges are generally regarded as misdemeanor charges according to California petty theft statute. The value of the property is $950 or less; Fish/shellfish/aquacultural products worth more than $250 when taken from a commercial fishery/research operation. The rule of thumb is that the higher the value of items that … 299], People v. Casas (2010) 184 Cal.App.4th 1242, 1246–1247 [109 Cal.Rptr.3d 811], People v. Davis (1998) 19 Cal.4th 301, 305 [79 Cal.Rptr.2d 295, 965 P.2d 1165], People v. Romo (1990) 220 Cal.App.3d 514, 518 [269 Cal.Rptr. We have successfully defended petty theft charges in California since 1987. If there are multiple charges of theft, whether grand or petty theft, and the aggregate loss exceeds any of the statutory minimums in California Penal Code Section 12022.6(a), and the thefts arise from a common scheme or plan, an additional prison term may be imposed. Retail Fraud / Shoplifting: Petty Theft, First Time Offense in California. Yes in most cases. However, in reality, petty theft charges can be dismissed or reduced to lesser offenses even in the face of overwhelming evidence proving guilt. Since the elements of the crimes differ, a charge of petty theft carries different penalties than other types of theft crime, depending on the circumstances of your case. Massachusetts. First, the prosecution must prove every element of the offense. Under California Penal Code (PC) 484(a) and 488, petty theft is defined as the unlawful taking of property valued at less than $950. However, petty theft can be charged as a felony if you have a prior conviction of stealing, embezzling or defrauding an elderly person, or your prior was a serious offense such as homicide, a forcible sex offense, or sex offense against a minor. My wife was caught fr a petty theft at Costco in Fremont (about $60 or less item). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Watch this video to understand Penal Code 484. For a petty theft offense, you may also pay fines that do not exceed $ 1,000. It is her first time. Grand theft is contrasted with petty theft, ... California. Although the answer to this question depends on the facts of the case the answer is most likely that you will not actually go to jail for a first-time shoplifting offense in California, penal code 484. The punishment for a first time petty theft, or shoplifting, charge can be more severe than you might think. This is typically punishable with only a fine. Finally, under Penal Code sections 490.1 and 490.5, a first offense petty theft of property valued at $50 or less, can be treated as an infraction. The property was taken from a person, no matter how much the property is worth. The offense of petty theft lies under the general crime of theft, as stipulated in the California Penal Code. The most important difference between petty theft and a grand theft charge is if the value of the items taken was more or less than $950. 10. This offense is charged as a misdemeanor offense and is punishable by up to six months in jail and up to $1,000 in fines. The different types of petty theft include: Theft by false pretenses occurs when a defendant uses false pretense to convince the property owner to turn over possession and title/ownership of the property to the defendant. Petty Theft, First offense. A majority of petty theft cases involve theft by “larceny.”. Answers: M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney. If this is your first offense, it will leave you rattled on what to do. In this post, I will explain nine (9) things you should know about petty theft charges including the four different types of petty theft and how much needs to be taken for a prosecutor to charge someone with petty theft. A shoplifting charge is a serious crime in California, whether it is your first offense or your fifth. Due to the fact the first offense punishment for petty theft rarely includes imprisonment in county jail for any period of time, many people often wonder if hiring a defense lawyer to fight petty theft charges is worth the investment or even necessary. Charges deal with stealing items that … penalties for petty theft conviction may result in a petty petty... Wife was caught fr a petty theft at Costco in Fremont ( about $ 60 or less and is considered! The county jail or even 16 months ( one year and four months ) in state.... At $ 400 or property worth less than $ 950 is considered petty in! 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