Theft happens in various forms depending on the type of property stolen and the method used to obtain another person's property illegally. Often, theft occurs without the consent or knowledge of the owner. However, the owner can entrust their property to the defendant, believing that their property will be returned. If you fail to return another person’s property, the act is deemed theft under California law, even if the person had entrusted the property to you. The California statute PC 484(a) outlines the crime of petty theft. A theft conviction could lead to jail time in county prison, fines, and misdemeanor probation. If you or a loved one faces theft charges, the Pasadena Criminal Attorney can assist you in creating the best defense to fight your charges.
Definition Of Petty Theft Under California Law
It is a crime under Penal Code 484(a) of the California law for any person to illegally take another person's property and possess it as their own. Generally, the offense is known as theft. Petty theft is a common type of theft crime, often charged by prosecutors. While most of these crimes involve shoplifting, the violation of PC 484 and PC 488 can involve any theft offense that meets the following threshold:
- The item stolen was not a gun or an automobile
- The value of the property stolen is $950 or less
- The property was not taken directly off another person like a mugging, robbery crime
If the prosecutor accuses you of petty theft, he/she must prove the following elements for you to face the charges:
- You took possession of property owned by another person
- You took the property without the consent of the owner
- When you took the property, you intended to deprive the owner of it permanently
- You moved the property even a short distance and kept it for some time, however brief
For the crime of petty theft to happen, the victim does not have to be the actual owner of the property. It is enough if the victim just possesses the property. Therefore, possession and ownership could be regarded as the same under PC 484.
While proving that you intended to deprive the owner of their property permanently, it is sufficient for the prosecutor to show that:
- You intended to deprive the owner of the primary value of their property
- Your intention was for a given time
Additionally, concerning intent, you could attempt to defend yourself against a theft accusation by showing your intention to return the property you took. However, under California law, you must return the property within a reasonable time of taking it. A jury or judge will decide on the reasonable time by examining the circumstances of your case.
Under PC 484, you must have moved the property or carried it for a distance for a theft charge to apply. At times, this action is called ‘’asportation’’. The act of moving the property must involve three things:
- The property involved is removed from the possession of the owner
- The goods are entirely in your possession
- You moved the property, however, slightly
If you steal several items in a case, the thefts will be considered as one single theft crime if:
- Several items are taken from one victim
- The thefts are part of one intent or plan
If the judge treats the crime as one charge, then the value of the property you stole would be the sum of all the property you stole in each theft.
To face a petty theft conviction, it does not matter whether you intended to benefit from the property you took or whether you used it. You will be guilty of theft if there is intent to permanently deprive the property owner. The courts use ''fair market value'' to determine the property's correct value. Fair market value is the highest price the owner would have sold the property in the open market at the time and in the place where you stole it.
Forms Of Petty Theft In California
Under California's theft crime law, there are several ways of committing petty theft. Some include:
- Theft by embezzlement
- Theft by larceny
- Theft by false pretense or fraud
- Theft by trick
One way the prosecutor could charge you with petty theft is theft by embezzlement PC 503. If the prosecutor accuses you of theft by embezzlement, he/she must prove the following elements:
- The owner entrusted you with their property
- The owner of the property did so because he/she trusted you
- You fraudulently used or took the property for your benefit
- When you used or took the property, you intended to deprive the owner of the use
You use or take another person's property fraudulently if you take undue advantage of them or cause them a loss by breaching confidence or a duty. Showing intent to return the property is not a defense to petty theft by embezzlement charges.
The majority of petty theft crimes involve ''larceny'' forms of theft. Typically, this offense happens when an individual physically takes and carries off someone else's property. The property often is personal and could include:
- Clothing
- Sporting gear and equipment
- Jewelry
- Electronic equipment
- Bicycles
- Appliances
- Furniture
If the prosecutor accuses you of larceny, he/she must prove the following elements:
- You took possession of the property owned by another person
- You took the property without the permission from the owner
- When you took the property, you intended to deprive the owner of it permanently
- You moved the property, even a short distance, and kept it for some time
Additionally, to face petty theft by larceny, the value of the property you took must be $950 or less.
According to Penal Code 532, you can commit theft by pretense or fraud if:
- You intentionally and knowingly deceive the owner of the property by making a pretense or by telling them lies
- You persuade the owner of the property to let you take possession of the property
- The owner of the property allows you to take ownership or possession of the property because he/she relied on your pretense
According to California law, you could make a pretense if you intend to deceive another person by doing the following:
- Giving information that you are aware is not true
- Recklessly alleging that something is true without any basis for believing it is the truth
- Failing to provide some information when you know you need to do so
- Promising what you do not intend to fulfill
You would be guilty of theft by fraud if the property owner relied on your pretense. The false pretense must be the basis on which the property owner gave you their property.
For the prosecutor to charge you for theft by trick, he/she must successfully prove the following elements:
- You obtained the property that you knew was owned by another person
- The owner of the property allowed you to possess it because you had used deceit or fraud
- When you obtained the property, you intended to deprive the owner for a period or permanently, making the owner miss a significant part or use of the property.
- You kept the property for a significant period.
- The property owner did not intend to transfer ownership of the property to you.
Under California law, fraud is defined as the intentional use of a trick to deprive someone else of their property.
Penalties For Petty Theft
It is a misdemeanor crime in California to commit petty theft. If the court finds you guilty, you will face the following penalties:
- A fine that does not exceed $1,000
- A jail term that does not exceed six months in a county jail
The judge could award you with misdemeanor or summary probation in place of a jail term.
You could also face negative immigration consequences if the court convicts you of petty theft. According to the United States immigration laws, you can be deported for certain criminal convictions if you are not a U.S. citizen. In addition, you can also be deemed inadmissible in the United States because of some criminal convictions. The inadmissible or deportable crimes include:
- Firearms crimes
- Aggravated felonies
- Domestic violence offenses
- Crimes of moral turpitude
- Controlled substance crimes
Under California law, if you commit petty theft using an intent to defraud, then the crime is regarded as a crime of moral turpitude.
You cannot lose your gun rights in California even if the court charges you with petty theft. However, you can lose your right to own a gun in California if the court convicts you of some felony and misdemeanor crimes. For example, certain misdemeanor charges could lead to a 10-year firearm ban.
Even if you are convicted of petty theft in California, you can attempt to have your charges expunged. The Penal Code 1203.4 of the California law authorizes an expungement of a felony or misdemeanor conviction so long as:
- You are currently not charged with a criminal offense, serving a jail term for a criminal offense, or on probation for a criminal offense.
- You complete felony probation or misdemeanor probation
An expungement releases you from all disabilities and punishments related to your conviction.
Defenses To Petty Theft Charges
You can fight the charges of a petty theft accusation under PC 484 by raising a legal defense. If you successfully present a convincing defense, the court could reduce or dismiss your charges. Some of the defenses you could employ to fight petty theft charges are:
A Claim Of Right
For a charge of petty theft, a claim of right is a legitimate legal defense. You can allege that you believed you had a right to the property you took, even if the belief is unreasonable or mistaken.
Acted With The Owner’s Consent
You are only guilty under PC 484 if you took another person's property without permission. This legal defense can be applicable if you prove that you acted with the owner's consent. For instance, you could have taken some property because you were getting it for the owner.
Borrowed Property
You are only guilty of petty theft under PC 484 if you act with the intent to deprive the owner of his property permanently. For this defense to be valid, you have to prove that you were merely borrowing another person’s property and you were going to return it after temporarily using it. However, you must be keen to return the property after borrowing it within a reasonable period.
Offenses Related To Petty Theft
In California, other crimes are related to the crime of petty theft. They include:
- Burglary Penal Code 459
- Grand theft — Penal Code 487
- Mail theft — Penal Code 530.5(e)
Burglary — Penal Code 459
Burglary in California is defined under PC 459. According to this statute, you could commit burglary if you enter any commercial or residential room or building with the intent to commit theft or a felony once inside. You could be guilty of committing burglary by merely entering the structure with the requisite criminal intent, even if you do not complete the intended theft or felony. If the prosecutor accuses you of burglary, the law requires them to prove the following elements:
- You entered a building, locked vehicle or structure, or a room within a building
- When you entered the room, structure, car, or the building, you intended to commit a theft or felony
- You intended to steal, or you stole property worth $950 or more
- The structure you entered was not a commercial establishment
- The structure you entered was a commercial building, but you entered outside business hours
The burglary statute under California law is divided as follows:
- First-degree burglary
- Second-degree burglary
First-degree burglary is a crime that happens in a residential building, while second-degree burglary is a crime that occurs in a commercial building. A residential building can be:
- An occupied trailer coach
- An occupied motel or hotel room
- An occupied boat
- An occupied house
- An occupied portion of any other kind of building
- A room within an occupied house
- An occupied floating home
The Difference Between Shoplifting And Burglary
Shoplifting is defined under Penal Code 459.5 as:
- Entering a commercial building
- Entering the building during the time of operation
- With the intent to steal property worth $950 or less
Therefore, shoplifting crime is a subset of burglary crime. The voter initiative Proposition 47 created shoplifting crime to reduce the punishment for several minor theft crimes in California.
Penalties For Burglary
The court can charge you with a misdemeanor or felony burglary in California, depending on whether you are accused of burglary in the first or second degree. Often, a first-degree burglary charge is a felony under California law. If you are found guilty, you could face the following punishment:
- A fine that does not exceed $10,000
- Felony or formal probation
- A jail term of two, four, or six years in a California state prison
The crime also counts as a strike per the Three Strikes Law in California.
Second-degree burglary is a wobbler crime. The prosecutor could charge you with a misdemeanor or felony. Compared to a burglary in the first degree, burglary in the second degree imposes less severe punishment. You can face the following penalties if you are charged with misdemeanor burglary in the second degree:
- A fine that does not exceed $1,000
- Misdemeanor or summary probation
- A jail term that does not exceed one year in a county jail
You could also face the following penalties if you face felony burglary in the second degree
- A fine that does not exceed $10,000
- Felony probation
- A jail term of 16 months, two, or three years in a county jail
Defenses To Burglary Charges
- Factual innocence
- Claim of right
- Lack of intent
- Police misconduct
Grand Theft — Penal Code 487
The crime of grand theft is defined under PC 487 of California law. You will be guilty of grand theft under this statute if you:
- Illegally take another person’s property
- The property has a value of more than $950a
If the prosecutor accuses you of grand theft, he/she must prove some elements. The grand theft elements depend on the form of grand theft charges you are you. They include:
- Grand theft using a trick
- Grand theft using a pretense
- Grand theft by embezzlement
- Grand theft by larceny
The Difference Between Grand Theft And Petty Theft
The value of the property stolen distinguishes the crime of grand theft and the crime of petty theft. If you steal the property that is more than $950, then the crime is grand theft. If you steal a lower value car, then the crime is regarded as petty theft.
Penalties For Grand Theft
In most cases, grand theft is charged as a wobbler crime. The prosecutor could charge you with a misdemeanor or a felony. Usually, the prosecutor will charge you based on your criminal history and the circumstances of your case.
If the prosecutor charges you with misdemeanor grand theft, you will face a jail term that does not exceed one year in county jail. If the prosecutor charges you for felony grand theft, you will face the following penalties:
- A jail term of 16 months, two, or three years in a county jail unless the theft was of a firearm
- Felony probation with up to one year of county jail time
If you face grand theft firearm charges, the crime is a felony. Therefore, you could face a jail term of 16 months, two years, or three years in a California state prison. In addition, grand theft firearm is also a serious felony under PC 1192.7(c). Therefore you could face a strike under California's Three Strike Law.
Additionally, if the court charges you with a grand theft crime as a felony, you could face enhanced and consecutive jail terms if the value of the property you stole was high. The penalty enhancements apply as follows:
- One year additional jail term if the property you stole was more than $65,000
- Two years extra jail term if the property you stole was more than $200,000
- Three years extra jail term if the property you stole was more than $1,300,000
- Four years additional jail term if the property you stole was more than $3,200,000
Defenses To Grand Theft
- You had the owner's consent
- Lack of intent
- False accusations
- Claim of right
Mail Theft — Penal Code 530.5(e)
It is a crime under PC 530.5(e) of the California law for any person to commit mail theft. The 18 United States Code 1708 also defines the Federal Offense of mail theft. You can commit mail theft in California by doing the following:
- Hiding or destroying any stolen mail
- Take or steal mail from a receptacle, mailbox, or other legalized depository for mail or from a post office or letter carrier.
- You receive, buy, or illegally possess any stolen mail, knowing that it is stolen.
- Use deception or fraud to obtain or try to obtain any mail from one of the sources outlined above.
- Remove the contents of any stolen mail.
Mail includes mailbags, postcards, letters, and packages belonging to a postal inspector or the United States Postal Services (USPS). Mail theft is closely related to identity theft PC 530.5(a). Mail theft and identity theft are often charged together because many people in California steal others' mail to obtain personal identifying information.
Penalties For Mail Theft Crime
It is a misdemeanor offense to violate PC 530.5(e). If you are found guilty of this offense, you could face the following penalties:
- A fine of up to $1,000
- A jail term of one year in a county jail
- Misdemeanor or summary probation instead of jail time (upon the discretion of the judge)
Defenses
- No intent
- Accident
- Violation of a constitutional right
Find a Pasadena Criminal Attorney Near Me
In California, the crime of petty theft is a serious offense. If you face petty theft charges, you need to hire a dedicated and skilled criminal defense attorney as soon as possible. Your livelihood, rights, and freedom are at stake. Pasadena Criminal Attorney has experienced attorneys who can analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome. Contact us at 626-689-2277 and speak to one of our attorneys.
