Rancho Cucamonga Petty Theft & Shoplifting Laws Explained by Criminal Defense Attorney
Your Rancho Cucamonga petty theft lawyer at Lounsbery Law Office, PC represents many clients charged with the crime of petty theft, most commonly charged for the act of shoplifting. Many of our clients are accused of stealing products from retailers such as Vons, Ralphs, Kohl’s, Macy’s, Nordstrom, Fry’s Electronics, Target, Walmart, etc.
What is petty theft?
Petty theft (Penal Code §§ 484, 488) is an allegation that you stole property valued at $950 or less. (See PC § 487(a)).
What is the difference between petty theft and grand theft?
For many years, petty theft could only be charged if the value of the property taken was less than $400. If the value was over $400, the prosecutors could file grand theft charges. However, in 2011, the California legislature increased the petty theft maximum threshold to $950.
Is there a way to get my petty theft case dismissed?
Possible defenses to petty theft charges include mistake, claim of right, and insufficient evidence. If you did not actually intend to take property not belonging to you, then you are not actually guilty of petty theft. If you took property because the property belongs to you, you are not guilty of petty theft. If the prosecutors have insufficient evidence of the crime (such as no witnesses, no incriminating statements, no video surveillance cameras, no dollar amount, no evidence that you ever had in your possession the item alleged to have been stolen, etc.) then they may not be able to convict you of petty theft.
If I already admitted guilt, is there anything a petty theft lawyer can do for me?
Even if you already confessed to attempting to shoplift, there are still ways a knowledgeable petty theft attorney can help you. There are various strategies that defense attorneys can employ to go about getting your case dismissed. Your Rancho Cucamonga petty theft lawyer at Lounsbery Law Office, PC has successfully helped clients get their petty theft charges dismissed on many occasions, even for clients who confessed to the police. Contact Lounsbery Law Office, PC to learn more about our strategies and how we may be able to help you get similar results. (Past successes are no guarantee of future successes.)
What are the consequences of a petty theft conviction?
The maximum sentence for a petty theft conviction is up to 6 months in the county jail and a fine of $1,000. (See PC 490.) The maximum sentence is obviously the worst case scenario. A maximum of three years of informal probation is also a potential sentence. An experienced San Diego petty theft attorney may attempt to get a shorter term of probation. A petty theft conviction is priorable, meaning it can be used against you to increase the penalties on a future conviction.
If the value of the property taken is $50 or less the prosecutors can charge you with either a misdemeanor or infraction. (See PC 490.1(a).) One of your goals when fighting your case may be to persuade the prosecutors to drop a misdemeanor charge down to an infraction so that you avoid jail time and probation. As an infraction, the worst sentence you can receive is a fine of up to $250.
Petty theft is a crime of “moral turpitude”, which means it can be used as evidence of a person’s honesty and trustworthiness, or lack thereof. One concern a client accused of petty theft should have is how a conviction would affect future opportunities for employment and even one’s current employment. For this reason, you must do everything you can to prevent a petty theft conviction.
Be sure to complete the 8 homework assignments to help us win your case. To learn how to choose the right lawyer for you, read our ebook “Fighting Your Criminal Case: A Serious Response to Serious Charges“. To speak with Rancho Cucamonga petty theft lawyer Tate R. Lounsbery today about your case, call 619-792-1451 or send us an email.