What is Petty Theft in California?
In California, petty theft is a criminal offense that is defined as the unauthorized taking of another person’s property with a value of $950 or less. This type of theft is considered a misdemeanor offense, which means it is less serious than grand theft, which involves the taking of property with a value of more than $950.
Definition of Petty Theft
According to California Penal Code Section 488, petty theft is defined as:
- The unauthorized taking of another person’s property
- With the intent to permanently deprive the owner of the property
- With a value of $950 or less
Examples of Petty Theft
Some examples of petty theft in California include:
- Stealing a bike or a skateboard with a value of $500 or less
- Taking a wallet or purse with a value of $200 or less
- Stealing a small amount of cash or change from a store or a person
- Taking a small item, such as a phone or a pair of shoes, from a store without paying for it
Penalties for Petty Theft
The penalties for petty theft in California can vary depending on the circumstances of the case. However, in general, the penalties for petty theft include:
- Misdemeanor charges: Petty theft is considered a misdemeanor offense, which means it can be punished with up to 1 year in jail and a fine of up to $1,000.
- Criminal record: A conviction for petty theft can result in a criminal record, which can have long-term consequences for a person’s employment, education, and housing opportunities.
- Fines and restitution: In addition to any jail time, a person convicted of petty theft may also be required to pay fines and restitution to the victim.
Defenses to Petty Theft
There are several defenses that a person accused of petty theft in California may be able to use to defend themselves. These include:
- Lack of intent: If a person did not intend to take the property without permission, they may be able to argue that they did not commit petty theft.
- Mistake of fact: If a person believed that the property was abandoned or belonged to them, they may be able to argue that they did not commit petty theft.
- Duress: If a person was forced to take the property by someone else, they may be able to argue that they did not commit petty theft.
Table: Petty Theft Penalties in California
| Penalty | Maximum Sentence |
|---|---|
| Misdemeanor | 1 year in jail, $1,000 fine |
| Criminal Record | Permanent record of conviction |
What to Do If You’re Accused of Petty Theft
If you’re accused of petty theft in California, it’s important to take the accusation seriously and seek legal advice from an experienced criminal defense attorney. Here are some steps you can take:
- Do not discuss the case with anyone: Do not talk to the police, your friends, or family members about the case. Anything you say can be used against you in court.
- Seek legal advice: An experienced criminal defense attorney can help you understand your rights and options, and develop a defense strategy.
- Cooperate with the police: If you’re arrested, cooperate with the police and provide any information they request. Do not resist arrest or interfere with the investigation.
Conclusion
Petty theft is a serious offense in California, and it can have long-term consequences for a person’s life. If you’re accused of petty theft, it’s important to take the accusation seriously and seek legal advice from an experienced criminal defense attorney. By understanding the definition, penalties, and defenses of petty theft, you can better protect your rights and avoid the serious consequences of a conviction.
