The laws in California concerning theft distinguish between petty theft and grand theft. The point we want to emphasize today is that substantial discretion is given to prosecutors to charge petty thefts as either infractions or misdemeanors, and grand thefts as either misdemeanors or felonies. Since the penalties vary substantially among infractions, misdemeanors, and felonies, it's crucial to obtain quality legal representation to build the best possible defense. In today's post we'll review petty theft, while in a post next week we'll go over grand theft.
California Penal Code Sections 484 to 490 lay out the guidelines and penalties for theft. Petty theft - often called shoplifting - is defined as a taking of property worth less than or equal to $400. Most first time petty theft offenses are charged as misdemeanors. Penalties can include a combination of jail time up to six months, fines up to $1000, restitution, work project, counseling, and probation.
As mentioned above, however, California law gives prosecutors the discretion to reduce a petty theft charge to an infraction or increase it to a felony, depending on the circumstances of the case.
- A petty theft can be charged as an infraction if the value of the stolen property is $50 or less and the defendant has no prior theft convictions. From the defendant's point of view, an infraction is preferable to a misdemeanor since it carries a fine of no more than $250. It's like getting a traffic ticket or littering citation.
- Prosecutors can also charge any second, third, or subsequent petty theft as a felony, which means the possibility of substantially higher penalties.
