Petty theft refers to the unlawful act of taking someone else’s property without their permission, where the value of the stolen items is relatively low. This is defined by the law under Penal Code section 484(a). To be considered petty theft, a few key points need to be met:
- Unlawful Taking: Petty theft involves taking items without permission. These items can be physical goods like things from a store or intangible services.
- Lack of Consent: The owner’s consent is absent. Whether it’s explicitly denied or not given, the critical factor is that the owner didn’t agree to the property being taken.
- Value Limitation: The stolen items shouldn’t exceed a value of $950. If they do, it could be considered grand theft, which has more severe consequences.
It’s important to remember that the value of stolen property is determined by its worth in the market when it was taken. Discounts or depreciation might affect this value, deciding whether it’s petty or grand theft.
Consequences of Petty Theft
The penalties for petty theft in California depend on the situation and the defendant’s criminal history. Typically, it’s a misdemeanor. If convicted, potential penalties include a fine of up to $1,000 and a maximum of six months in county jail. There might also be other outcomes like a criminal record, probation, and restitution to the victim.
Shoplifting: A Common Scenario
Petty theft often happens as shoplifting – taking merchandise from a store without paying. This could involve hiding items, changing price tags, or just walking out without paying.
Repeat Offenses: Heightened Consequences
For someone with past theft-related convictions, even if the value is under $950, subsequent petty thefts can be considered felonies. This is known as “petty theft with a prior” and can lead to harsher penalties, potentially even state prison time.
Other Charges and Programs
Depending on the evidence, a prosecutor might charge someone differently than just petty theft. For instance, if the stolen item is a firearm, vehicle, or specific agricultural product, it might be grand theft regardless of its value. Additionally, some jurisdictions offer diversion programs for first-time offenders, giving alternatives to traditional prosecution.
Civil Penalties: Beyond Criminal Charges
Apart from criminal charges, a person might face civil liability. Victims can pursue a separate civil lawsuit to recover the value of stolen property and any resulting damages.
Potential Penalties for First-Time Offenders
For a first-time offender charged with petty theft in California, the consequences vary. Generally, it’s a misdemeanor, carrying less severe penalties compared to felonies:
- Fine: The offender might face a fine, determined based on factors like the value of stolen items and their financial situation.
- Jail Time: There could be a jail term of up to six months, though not mandatory for every case.
- Probation: Instead of or alongside jail time and fines, probation might be granted, involving specific conditions.
- Restitution: The court might order repayment to the victim for their losses.
Need Legal Help?
If you are facing petty theft charges in Riverside, California, and want to avoid fines and jail time, consider seeking legal assistance.
