Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Yes, in some cases, petty theft charges can be dropped. Defendants can complete a pretrial diversion program, take a plea bargain that reduces the charges, or present prosecutors with exculpatory evidence. All of these strategies often require the legal advice and representation of a criminal defense attorney near you. They all keep a costly conviction from appearing on the defendant’s criminal background.
There are 3 main ways for defendants facing petty theft charges to get them dropped:
It is important to note that one way NOT to get them dropped is to convince the victim to not press charges. The victim of petty theft does not control whether charges will be filed or not. Only the district attorney makes this decision. While many prosecutors take the victim’s preference into consideration, they do not have to do so. Even if the victim does not want charges to be filed, law enforcement can still charge the defendant.
Additionally, approaching the victim and urging him or her to not press charges can amount to intimidating a witness. This is a distinct crime. It may even be a felony in some states. Defendants who take this route may find themselves facing a new, more serious criminal charge in addition to the original charge for petty theft.
Pretrial diversion is a common way for defendants to get low-level misdemeanor charges dropped, including those for petty theft. However, not all states have pretrial diversion programs. Those that do have stringent eligibility requirements.
Each diversion program is unique. However, they generally follow the same process:
The defendant can then pursue an expungement to seal the record of the offense.
The program is catered to the underlying criminal offense. Diversion programs that deal with petty theft generally require defendants to:
Not all states offer pretrial diversion. Those that do only provide it for certain low-level criminal offenses, like:
Even when there is a diversion program available, the eligibility requirements are often very strict. Generally, to be eligible for diversion, a defendant must:
While pretrial diversion is a good way to get petty theft or petit larceny charges dropped, it is not always the best option. Many diversion programs make defendants plead guilty, first. If the defendant does not complete the program, the criminal case will resume. Because of the guilty plea, the case will go straight to sentencing. The defendant will be unable to raise any legal defenses to the charge.
Talking to a criminal defense lawyer before accepting diversion is crucial. There may be a better way.
Accepting a plea bargain can also lead to petty theft charges getting dropped. By pleading guilty to a lesser offense, defendants can get their charges dropped. Defendants may also plead guilty to other offenses in exchange for the district attorney dropping the theft offense.
For petty theft accusations, this most often involves pleading guilty to an infraction in order to have the misdemeanor dropped. Infractions are not criminal offenses. They are not punishable with jail time. They are just tickets that carry a fine.
However, petty theft or shoplifting is often only an infraction if the value of the property was low. Each state has its own threshold amount. Generally, this type of plea bargain will only be available if the property at issue was below that amount.
Probably the best way to get petty theft charges dropped is to present exculpatory evidence. By showing the district attorney that he or she will probably not be able to secure a conviction, it can convince law enforcement to drop the charges.
This often involves evidence that shows that:
For example: George is accused of stealing a sandwich from a deli. He shows the prosecutor a receipt that shows that he was in a different store out of town at the time of the theft.
Providing proof of innocence is not easy to do. Worse, evidence of innocence may actually further incriminate defendants. Trying to show innocence is something that defendants should not do until they have talked with a criminal defense attorney.
These 3 ways of getting a petty theft charge dropped can also apply to charges of shoplifting. Shoplifting is a common form of petty theft or petit larceny. In some states, there is not a specific criminal statute for shoplifting. Instead, shoplifting falls under a general theft statute.
Generally, petty theft is a misdemeanor. Misdemeanors carry up to a year in jail. In some states, the potential jail sentence is only up to 6 months for petty theft. The value of the property taken will matter.
In addition to jail time, convictions may also carry:
A criminal conviction for a theft offense will also put a blemish on the defendant’s criminal history. This can prove to be a significant obstacle for years to come. Many employers will refuse to hire someone who has been convicted for petty theft. It can also make it more difficult for defendants to get a loan or other financial assistance.
In California, Penal Code 484(a) PC is the criminal law that covers petty theft crimes. California prosecutors have to prove 4 things to convict a defendant in a petty theft case:
The defendant does not have to move the property far, at all. The amount of time that he or she keeps the property can be very short.2
The threshold amount for petty theft in California is $950. If the value of the item is lower than $950, it is petty theft. If the value of the property is higher than $950, it is grand theft. The value of the property is the difference between petty and grand theft.
Petty theft can be done in several ways, including:
Petty theft is a misdemeanor in California. A petty theft conviction carries up to:
However, there is a sentencing enhancement if it was not the defendant’s first offense. The sentence increases if the defendant has:
If this is the case, then the offense becomes petty theft with a prior (Penal Code 666 PC).
Petty theft with a prior is a wobbler. Prosecutors can choose whether to pursue misdemeanor or felony charges. They often make this decision based on the facts of the case and the defendant’s criminal background.
If charged as a misdemeanor theft, a conviction can carry up to 1 year in jail.5
If pursued as a felony theft, a conviction can carry up to 3 years in prison.6
Establishing an attorney-client relationship with a theft lawyer from a reputable law firm is the best way to defend against the charge.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.