Theft crimes are charged in California primarily, but not exclusively, based on the value of the item taken. Generally, under PC 487, if the value of the money, labor, personal property or real property is greater than $950, the offense will be charged as grand theft, with specific exceptions for certain types of property listed in the statute. Per PC 488, which reads in its entirety, “Theft in other cases is petty theft.”

Types of Petty Theft

Four different types theft are identified by PC 484:

• Theft by larceny; the most common theft crime, larceny involves the physical carrying away of another’s property.
• Theft by false pretense; typically involves making a false statement to induce another to give you their property.
• Theft by trick; the owner consented to give you his or her property due to a deception.
• Theft by embezzlement; where you take property that was entrusted to you.The elements the prosecutor must prove are different depending on the type of theft charged, but one key element common to all is that when you obtained the property you intended to deprive the owner permanently of the property, or you intended to remove the property from the owner’s possession for such an extended period of time that the owner would be deprived of the use and enjoyment of the property.

PC 459.5: ShopliftingPetty theft must be distinguished from shoplifting, which is defined as:

entering a commercial establishment with intent to commit larcenywhile that establishment is open during regular business hours, wherethe value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950).

It is noteworthy that to be convicted of PC 459.5, you need not actually take any property; it is sufficient that you entered the establishment with the intent to commit a larceny.

Penalties

PC 488 is typically charged as a misdemeanor, with maximum penalties of up to $1000 or up to six months in county jail or both. However, a conviction for a petty theft with a prior carries the potential for up to a year in jail if filed as a misdemeanor, or either 16 months, two years or three years in state prison if filed as a felony.  On the other hand, if the value of the property taken is minimal and your record is clean, your Orange County criminal defense attorney may be able to have the charges reduced to an infraction or perhaps convince the court a diversion program is the appropriate remedy.