While prosecutors treat petty theft as a lighter offense than grand theft, it is a grave offense that could attract serious penalties and ramifications upon conviction. Aside from the potential jail time, a petty charge conviction could affect your professional reputation and ability to secure reliable employment.

That is why it is essential to retain the services of an attorney if you or a loved one is under arrest or charged with petty theft. A skilled attorney can offer you relevant legal advice and guide you through the complexities of the criminal justice system to secure a favorable outcome.

At Monterey Criminal Attorney, we are committed to helping you secure the best attainable outcome if you are in trouble with the law as an offender or suspect in a petty theft case. If you are under investigation or behind bars as an offender in a petty theft case, you can rely on every stage of the legal process to secure a desirable outcome.

Bail Eligibility Following an Arrest for a Petty Theft Offense

While many crimes could disqualify you for bail following an arrest, petty theft is not one of them. If you are under arrest as a suspect in a petty theft case, you should work on securing your release from police custody without delay because staying in jail as your case continues is not an option. One way you can do that is by paying bail.

Bail is the sum of money you pay the arresting officer or the court's clerk upon an arrest to secure your release from jail before receiving a verdict on your case. In other words, paying bail shows your willingness to appear in future court proceedings to challenge the alleged charge after securing your release from the detention facility.

Since petty theft is common, the arresting officers will likely have a predetermined or predecided bail amount for your case. However, if the alleged crime has no predecided bail amount, you must wait for the first court hearing, also known as an arraignment, to know if you are eligible for bail.

The factors listed below will come into play when deciding whether you are eligible for a release on bail or not:

  • Your criminal history.

  • Your history of showing up in court after securing after paying bail.

  • Whether you have community ties.

  • Whether you have family ties.

With the help of your attorney's legal services, you could qualify to post bail to receive your release from legal custody. If paying the set bail price for your case is challenging, you can work with a bail bondsman to secure bail bond services at a fee. When you secure your release from legal custody on bond, you will pay ten (10%) percent of your bail price to the bondsman as a service fee (premium).

Legal Definition of Petty Theft

Petty theft is a misdemeanor offense under Penal Code PC 484(a). According to this statute, acquiring or taking another person's goods or property worth $950 or below with the criminal intent to permanently deprive him/her of it is a crime. Below are examples of scenarios that could make the prosecutor file petty theft charges against you:

  • Borrowing a friend's $350 chainsaw without the intent of returning it.

  • Changing or altering the price tag on a $200 shoe and proceeding to the checkout line.

If your petty theft case reaches the trial phase of the legal justice system, the prosecution team must prove certain facts, or "elements of the crime," to secure a guilty verdict against you. These facts include:

  • You acquired possession of someone else's property without his/her consent.

  • You had the criminal intent to deprive the owner of his/her property permanently.

  • You moved the item or property (even a small distance) and retained it for a certain period.

  • The monetary value of the property in question is $950 or less.

If the prosecution team can provide enough evidence, including eyewitness testimonies, to prove these elements, the court will convict you for a PC 484(a) violation. You would be guilty of a PC 484(a) violation even if the victim of the offense is not the legal owner of the property in question. What matters in the eyes of the law is whether the victim had possession of the property.

Below is a detailed definition of various aspects of the above elements of the crime:

  1. Intent to Deprive

When proving to the court that you had the intent to deprive a person of his/her property permanently, the prosecutor can argue that:

  • You had the intent to deprive the person of a significant value of the property.

  • The intent was for a specific time.

To challenge the alleged petty theft charge, your attorney could argue that you intended to return the property you acquired. However, you must ensure the property owner has received his/her property within a reasonable time. The facts of your unique case will help the court decide what qualifies as "reasonable time."

  1. Moving of Goods or Property

You would not be guilty of petty theft if the prosecution team cannot prove that you moved the goods or property in question a certain distance, however slight.

  1. Multiple Items Stolen

If the petty theft charges you are up against involve the theft of several items or goods, the prosecutor will file your charge as one theft charge if any of the following is true:

  • The multiple items stolen belonged to one individual.

  • The taking was part of your plan or intent.

  1. Benefit or Use of the Stolen Property

You would be guilty of a PC 484(a) violation even if you did not intend to use or benefit from the property as long as the prosecution team can prove that you had the intent or motive to deprive the owner of it permanently.

  1. The Property's Value

When determining the property's value, the prosecution team will consider its "fair market value." A "fair market value" is the highest price the property would be reasonable at in an open market at that particular time and location.

Types of PC 484 Violation

Petty theft can take various forms, depending on how the offense occurred. Below are four types of petty theft you ought to know about:

  1. Theft by Larceny

Generally speaking, most petty theft offenses occur through larceny. Theft by larceny is the taking and carrying of another person's property worth $950 or less. In most cases, the property in question is personal and could include the following:

  • Clothing.

  • Furniture.

  • Appliances.

  • Jewelry.

  • Bicycles.

  • Electronic equipment.

  1. Theft by False Pretense

You commit this offense when you use pretense to convince another person to surrender his/her property to you. For example, when you walk to a stall and claim to be a person, you are not to gain possession of a product you did not purchase.

  1. Theft by Trick

The crime entails securing another person's property using deceit or fraud. To secure a guilty verdict against you for this offense, the prosecution team must satisfactorily prove that you intended to deprive the owner of his/her property for a significant period, making him/her miss a significant part of its value.

  1. Theft by Embezzlement

You commit this crime when you steal a person's property, goods, or money after he/she entrusted it to you. However, you fraudulently decide to convert or use the property or money for your benefit, even for a short duration.

Regardless of the type of petty theft charge you are facing, a skilled attorney could help you secure a desirable outcome.

Plausible Defenses to a Petty Theft Charge

A seasoned defense attorney who understands how local prosecutors and judges or jurors treat these types of cases can help you explore the best defenses to fight the petty theft allegations you are up against. While every case is unique, the following defenses could work in your favor to secure a favorable outcome at trial if you have PC 484(a) charges:

You Did Not Have the Criminal Intent to Steal

Recall that the prosecutor has to prove that you intended to deprive the other person (victim) of his/her property to secure a guilty verdict against you under PC 484(a). Therefore, you would not be found guilty of a PC 484(a) violation if your attorney could prove beyond a reasonable doubt that you had no intention of stealing the property in question.

You Thought the Property Was Yours

If you reasonably believed the property was yours when taking it from the other person, you would not be guilty of a PC 484(a) violation. Similarly, the prosecutor cannot secure a guilty verdict against you under PC 484(a) if the property legally belonged to you.

You Had the Owner's Consent to Acquire or Take the Property

Arguing that you were granted permission by the owner to take the item or property is a viable defense that can work to your advantage to secure a favorable outcome. However, how you use this item should be within the scope of your agreement with the property owner.

It is worth noting that this defense will not be viable if you acquired the property from the owner through trick, fraud, or false pretense.

You are a Victim of False Accusation

Petty theft is a crime ripe for false accusations. A person motivated by anger or jealousy can falsely accuse you of committing theft to satisfy his/her interests. An experienced attorney understands this and will keenly investigate the facts of the case to know the reason behind the false accusation and prepare evidence to help you secure a favorable outcome.

You are a Victim of Mistaken Identity

Your attorney could argue that you are a victim of mistaken identity, meaning you did not commit petty theft. That would be possible if someone mistakenly identified you as the perpetrator of the crime because you have the same height and skin color as the person he/she saw.

In many cases, misidentification occurs during voice line-ups, show-ups, photo arrays, or other line-ups the police use during the investigation.

Other acceptable legal defenses that could work in your favor if you are under arrest or charged with petty theft include:

  • You are a victim of police misconduct.

  • You were intoxicated involuntarily.

  • You are factually innocent.

Punishment and Sentence for a PC 484(a) Violation

The prosecutor will file petty theft charges as a misdemeanor. When he/she proves all the above mentioned elements of the crime beyond a reasonable doubt at trial, the court will convict you of a PC 484(a) violation. The judge or jurors will proceed to the sentencing hearing to determine the appropriate sentence for your violation.

However, your sentencing hearing may occur later (usually within five days of a conviction) if the judge or jurors require a recommendation from the probation department to determine your sentence.

Your attorney can assist you in presenting mitigating arguments showing a minimum sentence would be ideal for your violation. Examples of these mitigating arguments include:

  • You have no criminal record.

  • You had a traumatizing or difficult childhood.

On the other hand, the prosecution team will respond by presenting aggravating arguments and circumstances to show you deserve a harsher sentence for your violation.

When determining the appropriate sentence for your criminal case, the judge will consider your attorney's mitigating arguments, the prosecutor's aggravating circumstances and arguments, your unique case facts, and whether you are remorseful. Generally speaking, the legal penalties you should expect after a PC 284(a) violation conviction include:

  • Up to $1,000 maximum fine.

  • Up to six months of jail time.

Instead of jail time, the court could award you a misdemeanor or informal probation. However, you must be ready to comply with some strict terms and conditions, including:

  • Stay crime-free.

  • Perform community service.

  • Pay restitution.

  • Enroll in a drug counseling program.

Other Potential Negative Consequences of a Petty Theft Charge Conviction

In addition to the above legal penalties, a conviction for a petty theft charge could attract several other consequences that could negatively affect your life’s quality. These consequences include (but are not limited to) the following:

Immigration Consequences

If the prosecutor can satisfactorily prove that you committed a petty theft offense intending to defraud, the judge or jurors will consider your offense a crime involving moral turpitude (CIMT). In the eyes of the law, a CIMT offense involves either depraved conduct or dishonesty.

If the court considers your petty theft offense a CIMT, you should expect immigration consequences upon conviction, including deportation.

A Criminal Record

Unfortunately, a PC 484(a) violation conviction will remain in your criminal history even after serving your jail time and paying the court-ordered fines. That means anyone interested in your criminal history will know you have a PC 484(a) violation conviction, including your potential employers, which could affect your eligibility for many jobs.

Eligibility for an Expungement After a PC 484(a) Violation Conviction

When you have a PC 484(a) violation conviction, you can petition the court to expunge the conviction to avoid the negative consequences of having a criminal record. You could qualify for an expungement under PC 1203.4 If:

  • If you have completed your misdemeanor probation.

  • You are not currently:

  • On probation for any offense.

  • Charged with any offense.

  • Serving jail time for any offense.

According to PC 1203.4, expungement will release you from several repercussions and disabilities associated with a conviction, including:

  • Challenges of securing reliable employment.

  • Challenges of qualifying for admission to colleges and universities.

  • Challenges of securing a professional license.

You should consult with your attorney if you are eligible for expungement upon a PC 484(a) violation conviction. Your defense attorney can examine the facts of your case to determine whether you are eligible for expungement and prepare your petition papers to increase your odds of securing a favorable outcome.

Petty Theft and Related Offenses

Offenses related to petty theft are several, and the prosecution team could file any of them against you, particularly if he/she lacks sufficient evidence to secure a conviction against you for a PC 484(a) violation. Explained below are examples of these crimes:

Burglary

You commit the offense of burglary under PC 459 when you enter another person's commercial structure, residential structure, or locked vehicle with the intent or motive to commit grand theft, petty theft, or any felony offense once inside. Here are examples of acts that could attract burglary charges under PC 459:

  • Entering a bank with the criminal intent to commit check fraud once inside.

  • Breaking to another inhabited dwelling place when owners are not inside with the criminal intent to steal jewelry or electronics once inside.

  • Entering a lady's unlocked apartment with the criminal intent to rape her once inside.

To secure a guilty verdict against you for a PC 459 violation, the prosecutor should be ready to prove the following facts:

  • You entered another person's building, room, locked structure, or vehicle.

  • When you entered the structure, room, or locked vehicle, you had the criminal intent to commit a theft or felony offense like rape once inside.

  • Any of the following is true:

  • The monetary value of the property in question is $950 or more.

  • The structure or building you entered was not a business or commercial establishment.

  • The structure or building you entered was a commercial or business establishment, but you did so after work hours.

If the prosecution team secures a conviction against you for a 459 violation, your penalties will depend on whether your offense is first-degree burglary or second-degree. First-degree burglary will carry the following legal penalties:

  • A fine amounting to up to $10,000.

  • Up to six (6) years of jail sentence.

  • Formal probation.

However, when the prosecutor files second-degree burglary charges against you, you could receive felony or misdemeanor penalties because it is a wobbler. You should expect the following sentence upon a conviction for a felony second-degree wobbler charge:

  • Formal probation.

  • Detention in the county jail for not more than three (3) years.

  • A fine not exceeding $10,000.

When the prosecutor files misdemeanor second-degree burglary charges, your penalties could include:

  • A fine amounting to up to $1,000.

  • Up to one year of jail sentence.

  • Misdemeanor probation.

Robbery

According to PC 211, you commit a robbery offense when you use threats or force to take property or goods directly from another individual against his/her will. If you are charged with robbery, the prosecutor must prove the following to secure a conviction against you:

  • You acquired property or goods you did not legally own.

  • The goods or property in question was in the possession of another person.

  • You acquired the property or goods against that person's consent or will.

  • You had to use threats or force to acquire the goods or prevent the owner from resisting.

  • When you used threats or fear to acquire the goods, you had the intent to deprive the owner of it permanently or long enough to deprive him/her of a significant part of its enjoyment or value.

When the court convicts you of a PC 211 violation, the penalties you will receive will depend on whether your offense is classified as first-degree or second-degree. The prosecutor will file first-degree robbery charges against you if any of the following is true:

  • The robbery occurred on a trailer, boat, or an inhabited house.

  • The victim is a passenger of a train, bus, street car, taxi, subway, trackless trolley or cable car.

  • The offense occurred while the victim was using or immediately after using an ATM.

If you are guilty of first-degree robbery, your sentence could include a fine of up to $10,000, formal probation or up to six (6) years of jail time. On the other hand, second-degree burglary is any other offense that does not meet the definition of first-degree burglary and could attract the following penalties upon conviction:

  • Detention in the state prison for not more than five (5) years.

  • A fine amounting to up to $10,000.

  • Felony or formal probation.

Find a Defense Attorney Near Me

Undoubtedly, an arrest for shoplifting or petty theft can be stressful and humiliating. If you are under investigation, arrested, or have pending petty theft charges, our seasoned attorneys at Monterey Criminal Attorney can help.

Call us at 831-574-1791 and let our attorneys investigate the allegations and evidence the prosecutor has against you to know the best defenses to challenge the charge for the best attainable outcome.