Los Angeles Petty Theft Attorney
Facing Petty Theft Charges?
In Los Angeles, you can be charged with petty theft or commercial burglary
if you take merchandise and leave or attempt to leave the store without
paying for it. You can be arrested and charged even if you claim you were
not aware of the stolen goods or if you paid for some and forgot to pay
for the others. If this is the scenario that you (or someone you know)
have found yourself in, there is still hope. Your case is not lost and
there is light at the end of the tunnel. The outcome of your case will
rest primarily on the skills of the criminal defense attorney you hire
to represent you.
There is no doubt that an attorney who is not familiar with the nuances
of the many California theft laws may miss an important opportunity to
get your charges dropped or reduced. If you have been arrested or charged
with petty theft, commercial
shoplifting, contact an experienced Los Angeles criminal defense attorney at Stephen
G. Rodriguez & Partners to schedule a no-cost confidential consultation
to discuss your legal options.
California Petty Theft Law: Penalties and Defenses
The California petty theft laws (Penal Code sections 484 and 488) describe
theft as intentionally taking and carrying away another person's property
without permission and with the intent to permanently deprive that person
of the property. "Petty theft" applies to any property taken
that is valued at $950 or less. If the property taken is valued at more
than $950, the crime becomes grand theft. Petty theft is a misdemeanor
as a first offense. In California, switching or tampering with price tags
or labels, eating food in a store without paying for it and stealing a
shopping cart can also be prosecuted as petty theft.
The prosecutor has the burden of proving the charges against you beyond
a reasonable doubt. That is where we come in. We believe that a careful
assessment of all the evidence, including any store videotape, loss prevention
reports, police reports, and witness interviews can help highlight weaknesses
in the prosecution's case, and build a strong defense. In California,
the penalties for petty theft or shoplifting are related to the full retail
value of the merchandise stolen:
- If the value is $950 or less, and a misdemeanor is charged, the penalties
include up to three years of informal or summary probation; fines up to
$1000, and up to 180 days in county jail. Community service, community
labor and/or restitution may sometimes be used as substitutes for jail time.
- If the value is over $950, the theft is charged as grand theft and can
be prosecuted as a misdemeanor with up to one year in county jail, or
a felony with three years in custody as well three years of formal probation
or supervised release, plus restitution.
- If the value is $50 or less then the charge may be reduced to an infraction,
which means you will have no criminal record and may only pay a fine.
- If the person charged with the petty theft has three prior theft-related
convictions, he /she could be facing felony charges- Petty Theft with
Priors, Penal Code section 666. This charge is punishable by up to three
years in custody.
The defenses to most petty theft offenses are limited, especially if you
have been caught on surveillance cameras stealing things. However, in
other cases, a number of defenses may be available and may result in the
charges against you being reduced or dropped. The most frequently used
- Intent – Theft requires intent to steal. If you did not intend to
steal something (e.g., someone planted something on you), your theft charge
can be defended on that ground.
- Asportation (carrying away) – If you did not possess it or move it,
you did not steal it.
- Claim of Right – If you thought the property was yours, and that
is why you took it (e.g., there were two identical coats on hangers at
a restaurant and you took the one you thought was yours), you have not
- Ownership – You cannot steal what is already yours or what someone
has given to you (e.g., someone gives you their watch, but then because
they want it back, they claim that you stolen it).
Petty Theft Lawyer in Los Angeles, CA
It is important to explore your potential defenses with an experienced
criminal defense attorney because even a minor theft conviction may have
serious consequences, such as loss of employment, immigration consequences
(e.g. deportation) and a permanent criminal record. A theft conviction
is a crime of "moral turpitude," meaning it is conduct contrary
to honesty or morality. Once an individual is branded a thief, it is difficult
to restore their reputation.
The criminal defense attorneys at Stephen G. Rodriguez & Partners have
successfully defended many individuals charged with petty
theft crimes. Whether the charge is petty theft, grand theft, or commercial burglary,
we understand how these crimes are prosecuted and processed through the
criminal justice system. We have over 70 years of combined legal experience
to aggressively defend you against a petty theft charge or any theft-related crime.
Contact a Los Angeles criminal defense lawyer for a
no-charge consultation to learn about your legal options.