If you engage in petty theft, you are taking another person’s property without permission to permanently deprive them of it. The property value under consideration for petty theft cases is $950 or less.

Even though the crime is a misdemeanor, a conviction is consequential. Once convicted of the offenses, you will have a criminal record. This record affects your social life and your chances of securing credit or job opportunities. Thus, you should not take the allegations and subsequent charges lightly. Contact the Bakersfield team at California Criminal Lawyer Group for assistance.

Understanding Petty Theft

The two significant categories of theft are petty theft and grand theft. The distinguishing aspect between the two is the value of the property in question. For petty theft, the value is $950 or less. For grand theft, the value exceeds $950.

You only commit petty theft if the prosecution can prove the following elements to be true:

  • Possession of another's property — You have to take possession of property that belongs to someone else.
  • Valuation of property — The property involved should be valued at $950 or less for your actions to be considered petty theft.
  • Lack of owner's consent — You must take the property without the owner's explicit consent.
  • Intent to permanently deprive — When you take the property, you must permanently deprive the owner of it.
  • Movement and possession — You must move the property, even if it is just a short distance, and retain possession for any duration, no matter how brief.

Let us look at the elements in more detail:

  1. Ownership of the Property

In petty theft cases, possessing the property is enough for the offense to have occurred. The victim does not need to be the property’s owner. What matters most is the unauthorized taking of someone else's property, irrespective of whether that person is the rightful owner.

  1. Intent to Deprive

In petty theft, the primary focus is your intention to deprive the property owner permanently. Proving this intention involves showing that you deliberately aimed to withhold the property's significant value from its rightful owner.

Prosecutors must show that this intention was not just a passing thought but persisted for a discernible duration. Whether your intention was for a specific period or an indefinite time frame, the key is highlighting your sustained purpose to deprive the owner of the primary value associated with their property.

In some cases, you could have the intention of returning the property. Successfully returning the property promptly can serve as a defense. Swiftly correcting the situation, either upon realizing the mistake or expressing genuine remorse, could be evidence that the initial intent to deprive the owner permanently was not present or has been rectified.

Returning the property and the applicable timeframe can significantly influence legal proceedings. These factors could affect how the court assesses your intention during the alleged offense. However, determining what constitutes a "reasonable time" can vary, depending on the specifics of each case and the circumstances involved.

  1. Moving Property

In petty theft cases, asportation is a pivotal aspect. In this context, asportation is physically moving or carrying away the stolen property. For petty theft offenses, proving asportation is crucial. It is evidence that you:

  • Intended to permanently deprive the owner and
  • Took tangible action by physically moving or transporting the property without consent.

Notably, the distance of the movement holds no significance in establishing asportation for petty theft cases. Even minimal movement is deemed sufficient. Hence, the focus lies not on the extent of physical relocation but on confirming that some degree of movement transpired, underscoring your unauthorized taking and control.

  1. Items Stolen

The determination of whether multiple stolen items lead to a single theft charge often depends on legal principles such as the following:

  • Continuous taking or
  • Continuous transaction doctrine

If the thefts are part of one unified plan or intent and involve the same victim, they could be treated as a singular ongoing criminal act, resulting in a solitary charge.

In these instances, the combined value represents the total monetary worth of all the items stolen in the given incident or charge. This aggregated value is a pivotal factor in gauging the severity of the charge. It can also significantly impact the legal consequences you face.

  1. Benefits of the Property Taken

In theft cases, the conviction does not hinge on whether you intended to use or benefit from the stolen property. The fundamental elements of a theft conviction center around the following:

  • The unlawful taking of someone else's property and
  • The clear intent is to permanently deprive the owner of it

 Your intention to use or benefit from the property is not decisive in establishing the offense.

  1. The Property’s Value

In a petty theft case, the value usually considered is the stolen property's fair market value.

Fair market value is the price at which the property would be exchanged between a willing buyer and a willing seller. Both parties should know reasonably the relevant facts to purchase or sell.

Various Types of Theft

Petty theft occurs in various ways. Here is a look at some of the key forms:

  1. Theft by Larceny

Theft by larceny is a type of theft where someone unlawfully takes another person's property with the clear intent to deprive the owner of it permanently. This category of theft covers a wide range of situations, including the theft of personal belongings, shoplifting, or taking items from someone's home.

The fundamental elements involve the unauthorized taking of property and the specific intention to keep the stolen items permanently. Additionally, the property value does not exceed $950.

  1. Theft Using Tricks

Theft by trick occurs when the perpetrator uses deceit or fraud to gain possession of someone else's property to deprive the owner of it permanently. In contrast to traditional larceny involving physical taking, theft by trick relies on deceptive practices or schemes.

To secure a conviction, a prosecutor must establish the following elements:

  • Knowledge of ownership — You knowingly obtained property belonging to someone else.
  • Deceptive possession — The property owner allowed you to take possession due to your use of fraud or deceit.
  • Intent to deprive — When obtaining the property, you intend to permanently deprive the owner or do so for a significant period.
  • Retention of property — You retained possession of the property for any duration.
  • Non-transfer of ownership intent — The property owner did not intend to transfer ownership to you.
  • Using False Pretenses or Fraud to Commit Theft

Theft by false pretenses or fraud involves intentionally using deceptive practices or false representations to obtain someone else's property, money, or valuable items. This theft entails physically taking property by manipulating or deceiving the victim to convince him/her to part with their possessions voluntarily.

For this type of theft to occur:

  • You must have engaged in intentional deceit, misrepresentation, or false pretenses to convince the owner to part with their property or valuables.
  • You must intend to deprive the rightful owner of their property permanently.
  • You made false statements, presented misleading information, or employed deceptive tactics to deceive the owner.
  • The owner voluntarily gave up their property due to your false representations.

Examples of theft by fraud or false pretenses include;

  • Various scams, confidence tricks, or
  • Schemes where individuals are tricked into providing money, valuables, or property based on false information or promises

Note: Stealing by using false pretense or fraud violates PC 532.

  1. Embezzlement

Embezzlement is a type of theft where an individual entrusted with overseeing another person's property misappropriated those entrusted assets for personal gain. Unlike traditional theft involving physical taking, embezzlement occurs when someone in a position of trust unlawfully converts the entrusted property for their use.

Essential elements of theft by embezzlement include:

  • Entrustment of property — You were granted responsibility over someone else's property due to a position of trust.
  • Misappropriation — You unlawfully appropriated or converted the entrusted property for personal use.
  • Intent to deprive — There must be an intent to deprive the rightful owner of the property permanently.
  • Position of trust — You held a position of trust or responsibility over the property, often in an employment or fiduciary relationship.

Examples of embezzlement can include a financial manager diverting funds from a company account for personal use or an employee stealing money from a cash register entrusted to them. Embezzlement is a violation of PC 503.

Fighting Petty Theft Charges

The effectiveness of a defense strategy in a petty theft case depends on the unique facts and circumstances surrounding your situation. Additionally, your criminal history contributes to shaping the defense approach. Your criminal defense attorney can assess the specifics of your case, explore potential defenses, and advocate on your behalf.

Here is a look at some common defenses you can use to challenge a petty theft case.

  1. The Owner Consented to You Taking the Property

You will not be found guilty of petty theft if you took the property with the owner’s consent. Consent is a pivotal factor in petty theft cases. Proving that the owner permitted you to take the property is one way of fighting the charges.

Consent implies the owner's willingness for you to possess the property. This eliminates the crucial unlawful element necessary for a theft conviction.

To support your consent claim, communications between you and the owner and eyewitness testimony can serve as compelling evidence. Messages or emails indicating permission carry substantial weight. Additionally, eyewitness accounts from individuals who observed or were aware of the owner granting consent support your defense. This combination of evidence helps establish a credible and factual foundation for your assertion, reinforcing the legality of your actions in taking the property.

  1. Claim of Right

In asserting a "claim of right," you will assert that you had a sincere belief, whether reasonable or mistaken, in having a rightful claim to the property you are accused of taking. Under this defense, you contend that you genuinely believed in your legal right or ownership interest in the property. This is even if this belief was later proven incorrect.

The effectiveness of the claim of right defense depends on your ability to demonstrate an honest and good-faith belief in your entitlement to the property. Here are some types of evidence that can strengthen this defense:

  • Communications — Any written or verbal exchanges between you and the property owner indicating permission, consent, or an understanding of your claim are crucial. This encompasses emails, messages, or documented agreements.
  • Documentation — Collect documents supporting your claim. These include contracts, agreements, or records that provide a legitimate basis for your belief in ownership or entitlement.
  • Witness testimony — Seek out eyewitnesses who can attest to the owner's consent or acknowledgment of your claim. Their testimonies play a decisive role in reinforcing your good-faith belief in your entitlement to the property.
  • Background information — Present details about your relationship with the property owner, any prior agreements, or the context of the situation. This information contributes to establishing the legitimacy of your claim.
  • Expert opinions — Depending on the property's nature, expert opinions or professional assessments supporting your claim can be beneficial.

In presenting your case, focus on building a comprehensive and persuasive body of evidence that underscores your genuine belief in your rightful claim to the property.

  1. You Borrowed the Property

It is possible to find yourself in a scenario where you borrow the property with the owner's consent but later face accusations of petty theft. By its nature, borrowing implies a temporary possession the owner has greenlighted. When these circumstances result in an allegation of petty theft, the intricate details of the borrowing arrangement become critical. This directly refutes the prosecution's claim that there was an intent to deprive the owner of the property permanently.

In situations where borrowing transforms into a theft allegation, the specifics of the borrowing agreement play a pivotal role in establishing the legitimate nature of your possession. This challenges any suggestion of unlawful intent associated with theft. It also reinforces the temporary and consensual nature of the arrangement.

You must present evidence showing the owner's consent to the temporary possession. This could include communications between the individual possessing the property or its owner. Eyewitness testimony is also essential. This evidence highlights the lawfulness of the possession and directly disputes any assertion of unlawful intent, providing a robust defense against the charge of petty theft.

  1. You Were Falsely Accused

It is possible to find yourself wrongly accused of petty theft. This can happen due to common situations where false accusations could arise, namely:

  • Misunderstandings — Someone might erroneously believe you took something without permission due to misinterpreting events.
  • Misidentifications — Witnesses or victims could mistakenly identify you as responsible for the alleged theft, leading to a false accusation.
  • Malicious intent — In some instances, false accusations could stem from personal disputes or malicious motives, where someone intentionally accuses you without any basis.
  • Mistaken circumstances — The circumstances surrounding the alleged theft could be misconstrued, leading to a false perception of your involvement.
  1. You Were Mistakenly Identified as the Culprit

You could also be wrongly identified as the perpetrator of petty theft. Mistaken identity can happen for various reasons, leading to innocent individuals facing unjust accusations. Here are some common situations where misidentification may occur:

  • Eyewitness error —Witnesses could unintentionally identify the wrong person due to stress, fear, or the chaotic nature of the situation.
  • Similar Appearances — If individuals with similar physical features are nearby, a witness might mistakenly link the theft to the wrong person.
  • Limited Information — When the view is obstructed, or the incident occurs rapidly, witnesses may lack a clear and accurate recollection of events.
  • External influences — Factors like stress, pressure, or suggestion can sway witnesses to identify incorrectly.

Penalties if You Are Convicted of Petty Theft

Petty theft is a misdemeanor. If the jury finds you guilty of petty theft, you will face the following penalties:

  • Misdemeanor or summary probation instead of jail
  • A maximum jail sentence of six months
  • A fine of up to $1,000 or both

If the property value or the value of labor and money in your petty theft case is $50 or less, you will face charges under Penal Code 490.1. In these cases, the prosecutor can decide whether to charge you with a misdemeanor or an infraction. This decision depends on factors like:

  • The specific details of the theft and
  • Your criminal past

Should the prosecutor opt for an infraction, you will be fined. The amount is at most $250.

Note: While petty theft is generally a misdemeanor, specific conditions can elevate it to a felony. Notably, prior convictions under the state's "Three Strikes Law" or prior theft-related offenses could lead to a felony charge. Additionally, enhanced penalties apply if the victim is 65 or older. This means a conviction could result in a felony charge for petty theft.

Immigration Consequences of a Petty Theft Conviction

A petty theft conviction can lead to immigration consequences for non-U.S. citizens. A misdemeanor offense like petty theft can seriously affect individuals with legal permanent resident status or temporary visas.

The consequences could include inadmissibility, where entry into the U.S. is denied, and potential challenges in adjusting immigration status. A petty theft conviction could also render a non-U.S. citizen deportable, resulting in removal proceedings. The impact extends to visa status, potentially affecting the renewal or acquisition of certain visas.

Differences Between Petty Theft and Grand Theft

Petty and grand theft are distinct offenses, and their dissimilarities go beyond the monetary benchmark of $950. Here is a more detailed breakdown:

Petty Theft

As mentioned, the property value in petty theft cases does not exceed $950. Other differentiating factors include the following:

  • The offense is categorized as a misdemeanor.
  • The potential penalties could include probation, a jail sentence of up to six months, and/or fines of up to $1,000
  • The property is not directly taken from the person of the owner.

Grand Theft

The value of the property in grand theft cases exceeds $950. The following additional aspects differentiate grand theft from petty theft:

  • Can be prosecuted as either a misdemeanor or a felony
  • Misdemeanor consequences could result in up to one year in jail
  • Felony repercussions range from 16 months to 3 years in prison
  • The property can be taken directly from an individual, irrespective of its value

Specific property types, for example, firearms, vehicles, and designated agricultural products, can elevate the offense to grand theft.

Expunging Your Record

If you are considering expunging a petty theft conviction, you must meet specific eligibility criteria in Penal Code Section 1203.4. To qualify, completing probation or obtaining early release from it is essential. It demonstrates your commitment to complying with the court's terms during probation. Additionally, meeting all aspects of your sentence, including paying fines, is crucial.

A waiting period is a standard prerequisite for expungement eligibility. For misdemeanors like petty theft, this waiting period is typically one year from the date of the conviction. Maintaining a clean record is paramount throughout this time. Be sure to stay clear of any new criminal convictions.

Find a Criminal Defense Attorney Near Me

While petty theft is a misdemeanor, convictions carry significant repercussions. Although legal penalties are generally milder than felonies, the consequences can extend well beyond the immediate jail sentence or fines. A criminal record could adversely affect your post-conviction life.

Navigating the complex legal terrain of theft cases, especially petty theft, places great importance on the role of a criminal defense attorney. Their expertise and strategic approach can substantially impact the case's trajectory, potentially securing favorable outcomes for the accused.

At California Criminal Lawyer Group, our Bakersfield team employs diverse defense strategies tailored to the case's specific circumstances. We scrutinize evidence, challenge the prosecution's case, and protect your rights throughout legal proceedings. In specific scenarios, this could mean negotiating with the prosecutors. These negotiations aim to avoid taking the case to trial by securing a plea deal that involves reduced charges or penalties.

We are ready to help. Contact our team today at 661-750-8230 for a free case evaluation.