Petty Theft

Stealing small and easily concealable items seems to be a minor case, but it can lead to consequences that can have lasting consequences in your life. Mostly, petty theft crimes involve shoplifting from a store together with other criminal activities. It's recommendable to seek an attorney's help when arrested and charged with petty theft

Having an attorney by your side will help increase the chances of having your charges dismissed. Please schedule an appointment with the California Criminal Lawyer Group in Santa Ana for an initial consultation and a thorough review of your case.

Definition of Petty Theft in California

California Penal Code 484(a) is the statute that defines petty theft in California. Under this statute, petty theft refers to taking another person's property and possessing it as yours. This definition generally defines theft. However, as per California Penal Code 484(a), petty theft refers to the unlawful taking of a property valued at $950 or less. The value of the property in question explains the difference between petty and grand theft. Grand theft refers to the unlawful taking of property worth $950 or more.

Several aspects are referred to as elements of the crime that a prosecutor must prove to convict a defendant under this statute successfully. These elements are as follows:

• You took possession of a property that another person owns.
• You took the property without its owner's consent.
• You intended to deprive the property of its owner permanently.
• You moved the property even at the slightest distance and kept it from its owner for a specific period; however, brief.

From the elements of the crime stated above, several questions arise in their definition. These questions are as follows:

• Comparison between a property owner and possessor.
• Intention to deprive.
• The definition of moving property.
• Whether a defendant must use the stolen property to be convicted of petty theft.
• The property's value.

Below is a detailed explanation of these questions:

Comparison Between a Property Owner and Possessor

The alleged victim of petty theft doesn't necessarily have to be the property owner for the specific crime to occur. You can still be charged with petty theft if the victim possesses the property rather than being its owner. This means that Penal Code 484 regards "ownership" and "possession" as similar terms.

The Intention to Deprive

To prove "intent to deprive," the prosecution must show that the defendant intended to deprive the property owner of the main value of his property, and the intent was for a specific time. However, a defendant can defend against a petty theft accusation by showing that he intended to return that property. In that case, the judge or jury will check whether the defendant took a reasonable time to return the property. It's entirely under their discretion to decide what "reasonable time" means by examining your case.

Moving of the Property

A defendant must move property or carry it away from the alleged victim. This is also referred to as asportation. In this context, the movement must include the following three things:

• The severing of the property in question from its owner or possessor.
• Complete possession of the property of the defendant.
• You moved the property slightly.

Multiple Items Stolen

When multiple items are stolen, questions arise whether the theft constitutes a separate offense or a single count. Stealing multiple items from a single victim with one intention, impulse, or plan is a single theft crime.

When there's a single charge for stealing multiple items, the prosecutor will combine the value of all these properties to determine whether it is petty or grand theft.

Benefit or Use of the Stolen Property

It doesn't necessarily matter whether a defendant intended to use or benefit from the property they stole from a defendant. All that matters is the intention to permanently deprive the property of its owner in a petty theft prosecution.

Value of the Property

As stated above, petty theft refers to taking property worth $950 or less, while grand theft refers to taking property worth more than $950. To determine the "value of a property," the court refers to its "fair market value." Fair market value refers to the highest price that a property would have reasonably fetched in an open market at the time and place where it was stolen. 

Forms of Petty Theft in California

Prosecutors can charge you with different forms of petty theft in California. These types of petty theft include the following:

Theft by Larceny

Many petty theft charges are known as larceny. Larceny usually occurs when a person takes and carries away another person's property. Some of the usual personal items involved in this type of crime include:

• Furniture
• Jewelry
• Electronic equipment
• Furniture
• Bicycle
• Sporting gear and equipment

Theft by larceny carries the same elements as petty theft charges. Therefore, the property's value in question remains at $950 or less to warrant the petty theft charges.

Theft by Trickery

Prosecutors must prove the following five things to convict you with theft by trickery:

• You took a property that you reasonably knew was owned by another person.
• The property owner allowed you to take the property since you had used deceit.
• You intended to deprive the property owner of the property permanently or for some time that the owner would have missed a significant part of the property.
• You kept the property for a particular period.
• The property owner didn't intend to transfer the property's ownership to you.

In this form of petty theft, "fraud" refers to the intentional use of a trick or deceit to deprive people of their legal rights to their property.

Theft by Embezzlement

Prosecutors might charge you with embezzlement under California Penal Code 503 instead of petty theft if the following four aspects apply:

• A property owner had entrusted you with their property.
• The property owner did this since he trusted you.
• You fraudulently took or used the property for your benefit.
• You intended to deprive the property of its owner.

You can take another person's property fraudulently when you breach your duty of confidence or take undue advantage of them.

Please note, embezzlement cannot work as a defense for petty theft charges even when you prove your intention to return the property.

Theft by False Pretense or Fraud

California Penal Code 532 defines theft by pretense or fraud as:

• Knowingly deceiving another person by telling him something false or making a pretense.
• To persuade that person to let you possess the property.
• And the owner agreed to allow you to possess the property due to the false statement.

Under California laws, you can only make a pretense if you deceive another person and does the following:

• Give false information.
• Saying that a particular statement is true without believing whether it's true.
• Failing to give information when you're supposed to do so.
• Making a promise that you don't intend to fulfill.

Apart from that, you can only be guilty of pretense if the property owner relied on the pretense to surrender his possession to a property. Therefore, pretense doesn't necessarily have to be the key reason for coercing the owner to surrender his property.

Penalties for Petty Theft in California

Petty theft is a misdemeanor in California punishable by:

• A maximum of six months of custody in county jail.
• A fine of up to $1,000.

The court can sentence you to summary or misdemeanor probation in place of your jail time.

Immigration Consequences

A conviction for petty theft in California carries negative immigration consequences since it is a crime of moral turpitude. Therefore, a conviction can lead to deportation or being marked inadmissible into the United States.

Please note, a conviction for petty theft doesn't have any effects on your gun rights. Therefore, you'll not lose your right to own or possess a gun after a petty theft conviction.

Terms and Conditions of Summary or Misdemeanor Probation

As you have learned, the court can grant misdemeanor or summary probation in place of your jail time. Informal probation allows a defendant to spend time out of jail under the direct supervision of the court rather than reporting to a probation officer.

Summary probation can last up to one year, but it can last longer in some cases. Meanwhile, a defendant should adhere to certain terms and conditions. Some of the terms and conditions that might apply in your informal probation for petty theft are as follows:

• Payment of the court costs and fines.
• Completion of Caltrans roadside work.
• Seeking gainful employment.
• Showing up all your court dates.
• Refraining from violating any laws and further arrest.

Violating these terms and conditions can lead to an arrest warrant and a probation violation hearing. In this hearing, the judge can decide to cancel your probation and demand that you serve your remaining jail term or modify your conditions of release based on the nature of the violation.

Legal Defense Strategies for Petty Theft in California

Your defense attorney should employ relevant legal defense strategies to challenge the accusations made against you. Using relevant legal defense strategies can have your case dismissed or reduced. Some of the common legal defense strategies are as follows:

Claim That You Had the Property's Owner Consent

You can only be charged with petty theft if you take property without its owner's consent. Therefore, you can establish a solid legal defense if you took the property with the owner's consent. For instance, this legal defense strategy is workable when you take property from its owner and instruct you to take it.

Example: Andrew seeks permission from Joseph to pick a few blackberries from his backyard bush. Joseph's wife sees him picking the blackberries and presses charges for petty theft against him. She insists that Andrew is guilty of the charges since he "stole" fruits worth less than five dollars.

In this scenario, Andrew is innocent of the charges since he had consent from Joseph to pick the blackberries. Both Joseph and his wife have consented to the fruits, and Joseph's allowing him to pick them means that he had the permission to do so. 

Claim that You Borrowed the Property

Petty theft charges expect the defendant's intention to deprive another person's property permanently. You can establish a solid legal defense if you took the property after borrowing it from its owner to return it after using it temporarily. Remember that you can only prove your intention to borrow the property if you return it within a reasonable time after taking it.

Example: Catherine is planning to run the track. However, she forgets her $500 track shoes, but takes Jane's (her roommate) shoes, runs the track, and returns them. As she's returning them, she's arrested and charged for stealing Jane's track running shoes.

In this scenario, Catherine took, moved, and kept Jane's shoes without her consent, which presumes her arrest. The shoes are worth less than $950, meaning that their value fits California's definition of petty theft. However, although the basis of the charges satisfies these elements of the crime, Catherine's intention to return the shoes means that she's not guilty of the offense.

Claim that The Property is Yours

A claim can work as a legitimate legal defense strategy for petty theft charges. In this defense, you must assert that you had reasonable belief that the property was yours, even if the belief was unreasonable or mistaken.

Example: Dominic pays John eight dollars to wash his car at Victor's gas station. However, John fails to inform Victor that Dominic had paid for the service. He goes on and demands payment from Dominic, which he declines. Victor presses charges against Dominic for petty theft.

In this scenario, Dominic paid for the services and has no obligation to make another payment. Therefore, he has the contractual right to the service offered. Therefore, he's innocent of the charges due to his rightful claim to the services.

Expunging your Petty Theft Charges in California

Anyone convicted of petty theft in California can expunge their petty theft charges. An expungement releases the defendant from all penalties and disabilities arising from the conviction. Once your charges are expunged, you don't have to disclose your criminal charges and conviction to potential employers.

An authorization to expunge a petty theft charge in California requires you to meet the following:

• Complete your informal probation.
• Shouldn't be charged with a criminal offense, serving a sentence, or on probation.

Therefore, once you've completed your probation for petty theft or served your jail term, you can try to expunge your charges.

Apart from completing the probation imposed in your petty theft crimes, you must meet the following requirements:

• Fill in the paperwork with the correct superior court within the required timeframe.
• Attend the expungement hearing, personally or through an attorney.

Please note that defendants who violate their probation can still expunge their criminal charges, despite the possibility of hurting their chances of this opportunity. The court will hold a special hearing to decide whether the expungement serves the best interest of justice when it overlooks the probation violation.

Filing Paperwork in California Criminal Charges Expungement Process

Your criminal defense attorney must know which forms to use in expunging your criminal records. Many expungement application forms are available at your local courthouses or through an internet search.

For instance, defendants who complete their misdemeanor probation would be required to fill out a petition to dismiss their misdemeanor charges. However, if you're yet to complete your probation, you will have to file a motion to terminate the probation. If the court denies this request, you should fill out a petition for dismissal.

If you have several petty theft counts, you must fill out different forms for every conviction. You can also include character references as part of the expungement petition.

You should file your filled forms with the court that held your case once you fill them. The court will typically respond to the forms within five months.

Please note, every court has its policies and fees. Some might require you to deliver the forms in person, while others demand that you mail them.

It's crucial to file the paperwork in time. For instance, the expungement application requires a 15 days' notice before the hearing. Therefore, filing the paperwork in time will provide an opportunity to review the case and object to it if necessary.

Preparing for the Expungement Hearing

You can attend the expungement hearing in person or have your attorney attend it on your behalf. Ultimately, the judge decides whether to deny or grant your request. There's no jury involved in this decision.

There are high chances of expunging your charges if you have a job, no additional conviction or completed your community service.

You can refile an expungement after six months if the court declines your first attempt. However, if the judge grants your expungement, you can go ahead and seal the criminal records. This means that they will no longer be visible to the public. Once your charges are sealed, you can deny having a criminal record in most situations. The only exception that applies is when you're running for public elections, seeking employment with the California Lottery Commission, or applying for a state license.

Crimes Associated with Petty Theft in California

Several crimes are related to petty theft in California. Prosecutors can either decide to charge you with these crimes along with or in place of the petty theft charges. These crimes are as follows:

Penal Code 487, Grand Theft

California Penal Code 487 defies Grand Theft as unlawfully taking another person's property, money, or labor valued at $950 or more. Some of the actions that can lead to grand theft charges include:

• Shoplifting jewelry from a shop worth $1,000.
• Embezzling thousands of dollars from your employer.
• Breaking into a house and stealing electronics valued at several thousands of dollars.

Grand theft is usually charged as a wobbler in California. Misdemeanors carry up to one year in county jail, while a felony sentence carries 16 months, two years, or three years of imprisonment.

California Penal Code 459, Burglary

California Penal Code 459 defines burglary as entering into another person's residential or commercial building to commit a felony once you're inside. You can still be charged with burglary even if you entered a building and did not complete the intended felony or theft once you entered the specific structure.

In California, burglary is divided into first and second-degree. A first-degree burglary occurs when someone enters another person's residence. A second-degree burglary occurs when you enter another person's commercial building.

A first burglary is a felony with a maximum of four years in prison. Second-degree burglary is a wobbler with a misdemeanor carrying up to one year in county jail, while a felony carries up to three years.

Penal Code 530.5(e), Mail Theft

California Penal Code 530.5(e) makes it a crime to engage in mail theft. The definition of mail theft is also set forth under the 18 United States Code 1708.

A person commits mail theft mail by doing any of the following:

• Stealing or taking mail or receptacle from an authorized depository, letter carrier, or a post office
• Use fraud or deception to obtain or attempt to obtain mail from the above source.
• Remove the content of stolen mail.
• Hide or destroy stolen mail.
• Receive, buy, or unlawfully possess stolen mail, knowing that it's stolen.

Under this statute, mail refers to mailbags, packages, and postcards.

Under Penal Code 530.5(e), mail theft is a misdemeanor punishable by a maximum of one year in county jail and a fine of up to $1,000.

California Penal Code 496, Receiving Stolen Property

California Penal Code 496 defines receiving stolen property as buying, receiving, concealing, or withholding stolen property.

Receiving stolen property is a wobbler in California. Misdemeanors are punishable by a maximum of one year in county jail, while a felony attracts up to three years of custody in county jail.

Contact a Santa Ana Criminal Defense Attorney Near Me

The thought of spending time in jail and paying fines after an arrest is devastating. This makes it extremely necessary t,o hire a professional criminal attorney after your arrest. At the California Criminal Lawyer Group, we understand how to approach individual facts of your petty theft charges to achieve greater success and keep you out of jail. We offer our services to clients in Santa Ana, CA, and its surroundings. For more information, call us at 714-844-4151 and learn how we will help you.