Petty Theft

Petty theft is one of the most common criminal charges in California, but it can still carry serious consequences that affect your record, employment, and future opportunities.

Under California Penal Code §§484(a) and 490.2, petty theft involves unlawfully taking someone else’s property valued at $950 or less, with the intent to permanently deprive the owner of it.

While often treated as a misdemeanor, a petty theft conviction can still lead to jail time, fines, and lasting damage to your criminal history. It can also be elevated to a felony if you have prior theft convictions or if certain aggravating circumstances apply.

Because petty theft cases frequently involve misunderstandings, mistaken identity, or miscommunication, having an experienced attorney is essential to protecting your rights and minimizing potential penalties.

San Diego Petty Theft Defense Attorney

Attorney Michael Cindrich has successfully defended hundreds of clients charged with theft-related offenses in San Diego County. He understands that many petty theft accusations arise from confusion, such as forgetting to scan an item, returning merchandise incorrectly, or being falsely accused by a store employee.

The Law Offices of Michael E. Cindrich work diligently to resolve these cases through dismissals, reductions, or diversion programs that keep clients’ records clean and avoid unnecessary jail time.

The firm serves clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.
Call (619) 262-2500 today for a free, confidential consultation.

Overview of Petty Theft in San Diego

Definition of Petty Theft
Common Examples of Petty Theft
Penalties for Petty Theft in California
Key Elements a Jury Considers in Petty Theft Cases
Defenses to Petty Theft Charges
Role of a San Diego Petty Theft Defense Attorney
Frequently Asked Questions

Definition of Petty Theft

Under Penal Code §484(a), theft occurs when someone unlawfully takes property belonging to another person with the intent to permanently deprive them of it.

Penal Code §490.2, enacted under Proposition 47 in 2014, further defines petty theft as:

“Obtaining any property by theft where the value does not exceed $950 shall be considered petty theft and shall be punished as a misdemeanor.”

This includes any type of theft, such as larceny, shoplifting, embezzlement, or theft by fraud, so long as the total value of the property taken is $950 or less.

Common Examples of Petty Theft

Petty theft can take many forms, including:

Shoplifting: Taking items from a retail store without paying.
Employee Theft: Taking money or property from an employer in small amounts.
Theft by Trick or Fraud: Obtaining property through deception or false representation.
Switching Price Tags: Paying less for an item than its true price.
Taking Lost Property: Keeping found property without a reasonable effort to locate the owner.
Petty Theft of Services: Using services (e.g., transportation, internet, or utilities) without payment or authorization.

Even minor acts can be prosecuted aggressively, especially if they involve retail establishments or repeat conduct.

Penalties for Petty Theft in California

Petty theft is generally charged as a misdemeanor, but prior convictions or aggravating circumstances can increase penalties.

Misdemeanor Petty Theft

Up to 6 months in county jail
Fines up to $1,000
Misdemeanor probation (1–3 years)
Restitution to the victim or store
Community service or theft education programs

Prior Theft Convictions – “Petty Theft with a Prior” (Penal Code §666)

If you have certain prior convictions for theft, burglary, or robbery, prosecutors can charge the new petty theft as a felony.

Penalties for Petty Theft with a Prior include:

Up to 3 years in state prison
Felony probation
Loss of civil rights (including firearm ownership)

Civil Penalties

In retail cases, merchants may also pursue civil restitution claims under California Penal Code §490.5, demanding reimbursement and additional penalties, even if no criminal conviction occurs.

Key Elements a Jury Considers in Petty Theft Cases

To convict a defendant of petty theft, prosecutors must prove beyond a reasonable doubt that:

The defendant took possession of property owned by another person.
The defendant did not have consent from the owner.
The defendant intended to permanently deprive the owner of the property.
The property’s value was $950 or less.

Each of these elements must be proven. If any are missing, for example, if the defendant believed they had permission to take the property, the charge may not stand.

Defenses to Petty Theft Charges

Common defenses include:

Lack of Intent: The accused did not intend to steal or permanently keep the property.
Mistake or Forgetfulness: Forgetting to pay or misunderstanding ownership is not theft.
Claim of Right: The defendant honestly believed they had a right to the property.
Consent: The owner gave permission to take, borrow, or use the item.
Mistaken Identity: The accused was misidentified in surveillance footage or witness reports.
Insufficient Evidence: The prosecution lacks direct proof of theft or intent.
Civil Dispute: The situation may be a misunderstanding or civil matter, not a criminal one.

An experienced defense attorney can often negotiate a civil compromise (Penal Code §§1377–1378) or diversion program, allowing the case to be dismissed upon restitution.

Role of a San Diego Petty Theft Defense Attorney

Investigating the Evidence: Reviewing surveillance footage, receipts, and witness statements to find inconsistencies or innocent explanations.
Negotiating Reductions or Dismissals: Seeking reduced charges such as infraction-level offenses or trespassing.
Pursuing Diversion Programs: Many first-time offenders qualify for pretrial diversion under Penal Code §1001.95, avoiding a conviction altogether.
Expungement and Record Sealing: After successful case completion, an attorney can help expunge the charge and restore your record.
Protecting Your Future: Preventing collateral consequences such as job loss, immigration issues, and license suspensions.

Frequently Asked Questions

Q: Is petty theft a felony or a misdemeanor?
A: Petty theft is generally a misdemeanor. However, with certain prior convictions, it may be charged as a felony under Penal Code §666 (“petty theft with a prior”).

Q: What is the difference between petty theft and grand theft?
A: Petty theft involves property valued at $950 or less. Grand theft involves property exceeding $950 or certain specified items such as firearms or vehicles.

Q: Can I go to jail for petty theft?
A: Yes, up to six months in county jail, though first-time offenders often qualify for diversion, probation, or community service instead.

Q: Will a petty theft conviction stay on my record?
A: Yes, but you may petition for expungement after completing probation or diversion under Penal Code §1203.4.

Q: What if I accidentally walked out of a store without paying?
A: Lack of intent is a valid defense. Your attorney can argue that the act was accidental, not deliberate.

Additional Resources

California Penal Code §490.2 – Petty Theft Under $950: Establishes that theft of property under $950 is charged as a misdemeanor.

California Penal Code §666 – Petty Theft with a Prior: Details enhanced penalties for repeat offenders.

California Jury Instructions (CALCRIM No. 1800) – Theft: Judicial Council of California – CALCRIM 1800 – Lists the elements of theft that must be proven at trial.

Hire a Defense Attorney for Petty Theft Charges in San Diego County, CA

Even though petty theft is a misdemeanor, a conviction can create long-term problems, from difficulty finding employment to immigration consequences. Having the right attorney can make the difference between a conviction and a clean record.

The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your record, your freedom, and your reputation. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.