Petty Theft: Penal Code 484 and 488

• You took property that belonged to someone else, without their consent.
• You intended to deprive the owner of it permanently, or for long enough to take a major part of its value.
• You moved the property and kept it for some period of time, however brief.

• Petty theft: up to six months in county jail and/or a fine up to $1,000 (PC 490).
• Petty theft with a prior (PC 666): people with certain prior theft-related convictions who served time for them, and who also have a serious or violent felony prior, a registration requirement, or an elder-abuse theft conviction, can face up to one year in jail or a state prison term.
• Proposition 36 (2024) added tougher penalties for some repeat theft offenses.

Many first-time petty theft cases are candidates for misdemeanor diversion. Under PC 1001.95, a judge can offer diversion, even over the prosecutor’s objection, and dismiss the case once it is completed.

• No intent to steal, for example a mistake or an honest belief that the property was yours.
• The value is $950 or less, which keeps the charge at petty theft instead of grand theft.
• Loss-prevention or video evidence that does not show what it is claimed to show.

Every case turns on its own facts. In a free, confidential consultation I’ll read your paperwork, explain the charge and the realistic options, and tell you what I would do next. I handle every case personally, for a flat fee.