California Penal Code Section 484(a) PC and 488 PC: Petty Theft
Petty theft laws in California can be confusing. This article will explain what petty theft is, the penalties, and potential defenses. We’ll also look at related crimes and the impact on immigration and expungement.
What is Petty Theft in California?
California Penal Code Section 484(a) PC defines petty theft as unlawfully taking someone else’s property, when:
- The value of the property is $950 or less
- The property was not taken directly from a person, like in a robbery
- The property was not a firearm or automobile
Some examples of petty theft are:
- Shoplifting items worth less than $950
- “Grab and dash” thefts under $950
- Stealing a bicycle worth less than $950
Petty theft does not require that you permanently deprive the owner of property. Just taking it temporarily can be enough.
Forms of Petty Theft
There are a few types of petty theft under California law:
1. Theft by False Pretenses
This is when you obtain property by making false statements or promises. For example, getting someone to give you money for a product you never deliver.
2. Theft by Trick
This involves getting property through deception, like rigging a game of chance. Or diverting someone’s attention to steal their wallet.
3. Shoplifting
Shoplifting is entering a commercial establishment during business hours to steal retail property worth $950 or less. This can include changing price tags or not scanning items at self-checkout.
Penalties for Petty Theft
Petty theft penalties under PC 488 can include:
- Up to 6 months in county jail
- A fine up to $1,000
- Informal probation
If you have a prior petty theft conviction, it becomes a wobbler offense. This means it can be charged as a misdemeanor or felony. The penalties if charged as a felony are 16 months, 2 years or 3 years in county jail.
Defenses to Petty Theft
There are several legal defenses if you are charged with petty theft. For example:
- You had permission to take the property
- You intended to return the property
- You had a good faith belief you owned the property
- You were falsely accused or mistaken identity
An experienced criminal defense attorney can evaluate the evidence and build the strongest defense to fight the charges.
Related Offenses
Some other California laws related to petty theft include:
- Shoplifting – Petty theft from a commercial establishment (PC 459.5)
- Grand theft – Theft of property over $950 (PC 487)
- Robbery – Theft directly from a person by force or fear (PC 211)
- Burglary – Entering a building to commit theft (PC 459)
- Forgery – Falsifying documents for theft (PC 470)
Immigration Consequences
Petty theft is a crime of moral turpitude under immigration law. This means it can trigger deportation for non-citizens. An attorney can help argue against removal or apply for relief if you are charged.
Expungements
You may be able to get a California petty theft conviction expunged after 1 year under PC 1203.4. This can help restore some rights lost after a conviction.
Restoring Gun Rights
A petty theft conviction prohibits owning firearms for 10 years under federal law. You may be able to restore your gun rights early through a pardon or other legal process.
Get Legal Help
Petty theft charges should not be taken lightly. An experienced California criminal defense lawyer can help build the strongest defense and minimize penalties. They will also advise you on avoiding negative immigration and employment consequences. For more information, contact a local attorney today.
[1] https://www.losangelescriminallawyer.pro/california-penal-code-section-484-a-pc-and-488-pc-petty-theft.html [2] https://www.shouselaw.com/ca/defense/penal-code/484/ [3] https://www.shouselaw.com/ca/defense/penal-code/488/ [4] https://www.losangeles-criminalattorneys.com/practice-areas/theft-crime/petty-theft [5] https://www.kannlawoffice.com/petty-theft.html [6] https://www.simmrinlawgroup.com/california-penal-code-section-484-a-488/