Can You go to jail for petty theft in California?

Can You Go to Jail for Petty Theft in California?

Petty theft, also known as shoplifting or theft of merchandise, is a common crime in California. While it may not seem like a serious offense, petty theft can actually lead to serious consequences, including jail time. In this article, we will explore the answer to the question: Can you go to jail for petty theft in California?

Is Petty Theft a Misdemeanor or Felony in California?

Petty theft is typically charged as a misdemeanor in California, which means it is considered a less serious offense. However, the potential penalties for petty theft are still significant. According to California Penal Code Section 459.5, petty theft is defined as taking or carrying away property valued at $950 or less. If the value of the property is $950 or less, petty theft is a misdemeanor punishable by up to 6 months in county jail.

When Can You Be Sent to Jail for Petty Theft in California?

While petty theft is generally a misdemeanor, there are certain circumstances under which a defendant can be sent to jail. Here are some examples:

• If you have a prior petty theft conviction: If you have been convicted of petty theft within the past five years, you can be charged with a felony instead of a misdemeanor. In this case, you can face up to 3 years in state prison.
• If you take property valued at more than $950: If the value of the property you took is more than $950, you can be charged with grand theft, which is a felony punishable by up to 1 year in county jail or 2-5 years in state prison.
• If you use force or threat of force: If you use force or threaten to use force to take or carry away property, you can be charged with petit theft with a prior and a felony. In this case, you can face up to 3 years in state prison.
• If you have other prior convictions: If you have prior convictions for certain other crimes, such as drug offenses or violent crimes, you can be sent to jail for petty theft.

Consequences of Being Sent to Jail for Petty Theft in California

If you are sent to jail for petty theft in California, you can face a range of consequences. Here are some examples:

• Loss of job and income: Being sent to jail can mean that you will lose your job and income, which can make it difficult to pay bills and support yourself.
• Damage to reputation: A conviction for petty theft can damage your reputation and make it harder to find a job or obtain credit in the future.
• Increased penalties: If you are sent to jail for petty theft and you have prior convictions or other factors that increase your sentence, you can face increased penalties, including longer prison sentences.
• Deportation: If you are not a U.S. citizen, a conviction for petty theft can lead to deportation.

Ways to Avoid Jail Time for Petty Theft in California

While it is possible to be sent to jail for petty theft in California, there are ways to avoid this outcome. Here are some examples:

• Plea bargaining: If you are charged with petty theft, you can negotiate with the prosecutor to reduce the charges or the sentence.
• Alternative sentencing: In some cases, you may be able to avoid jail time by participating in alternative sentencing programs, such as community service or drug treatment.
• Diversion programs: California has several diversion programs, such as Proposition 47 and Proposition 64, that allow you to avoid jail time and a felony conviction if you complete a program and pay a fee.
• Hiring a lawyer: If you are charged with petty theft, it is a good idea to hire a lawyer who can help you negotiate the best possible outcome and avoid jail time.

Conclusion

While petty theft is generally a misdemeanor offense in California, it is still possible to be sent to jail if you have prior convictions or other factors that increase your sentence. It is important to understand the potential consequences of being charged with petty theft and to take steps to avoid jail time, such as plea bargaining, alternative sentencing, diversion programs, or hiring a lawyer. If you have been charged with petty theft, it is important to seek legal advice as soon as possible to protect your rights and your future.

Table: Petty Theft Penalties in California

Bulleted List: Ways to Avoid Jail Time for Petty Theft in California

• Plea bargaining
• Alternative sentencing
• Diversion programs
• Hiring a lawyer