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Even a seemingly minor incidence of theft can have serious consequences in California, leaving you with a criminal record that affects your ability to secure employment, housing or educational opportunities. While petty theft charges are less severe than grand theft, either can disrupt your life and reputation. That’s why knowing your rights and defense options is crucial.
Petty Theft vs. Grand Theft in California
Under sections 484 and 488 of the California Penal Code, petty theft generally refers to unlawfully taking property valued at $950 or less. These can include shoplifting, stealing personal items or misappropriating services. Petty theft is usually a misdemeanor charge, carrying penalties such as fines, probation, community service or up to six months in county jail.
In contrast, grand theft applies when the value of stolen property exceeds $950, or when specific types of property (such as firearms or vehicles) are involved. Grand theft can be a felony that exposes defendants to harsher penalties, including potential prison time.
Defense Strategies for Petty Theft Charges
While a petty theft charge may seem straightforward, the prosecution must prove beyond a reasonable doubt that you intended to steal. Several defenses may apply depending on your circumstances.
- Lack of intent: If you mistakenly took an item without realizing it or genuinely believed it was yours, this may negate the intent required for conviction.
- Consent: If the property owner gave you permission to take or use the item, it may not constitute theft.
- Mistaken identity: Surveillance footage or eyewitness testimony may be unreliable. As a skilled attorney, Ronald Brower can challenge the accuracy of the evidence.
- Insufficient evidence: The prosecution must present conclusive evidence. A judge may dismiss a case that lacks records, testimony or footage.
- Diversion programs: Alternative sentencing such as theft education programs, community service or restitution agreements may be available in lieu of a conviction if you are a first-time offender.
What to Do if You Face Petty Theft Charges
Even a misdemeanor conviction can follow you for years, so act quickly if someone accuses you of petty theft.
- Do not speak to law enforcement without an attorney present. Even if you think it’s a casual remark, anything you say can eventually work against you.
- Gather evidence that backs your testimony, such as receipts, witness names or proof of ownership.
- Avoid discussing your case with friends, colleagues or on social media.
- Immediately contact a criminal defense attorney to begin building your case. With over 45 years of experience, attorney Ronald Brower understands how California courts handle theft cases and knows how to fight for reduced charges, dismissal or alternative sentencing options.
Tirelessly Protecting Your Rights
Petty theft charges can happen to anyone, but they don’t have to define your future. With a watertight defense strategy, you can minimize the consequences and move forward with your life. Contact us today to schedule your consultation and let us strive for the best possible outcome in your case.