Can petty theft charges be dropped?

Yes, in some cases, petty theft charges can be dropped. You 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 your criminal background.

How can petty theft charges get dropped?

There are 3 main ways petty theft charges get dropped:

1. complete a pretrial diversion program, if one is available,
2. accept a plea bargain that drops the charges, or
3. show proof of innocence.

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 you.

Additionally, approaching the victim and urging them to not press charges can amount to intimidating a witness. This is a distinct crime. It may even be a felony in some states.

Pretrial diversion

Pretrial diversion is a common way 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:

1. you plead guilty to the offense,
2. the judge suspends the sentence,
3. you participate in the diversion program, and
4. if you successfully complete the program, the judge will either dismiss the case or the prosecutor will drop the charges.

You 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 you to:

• pay a fine,
• pay all program fees,
• provide victim restitution,
• perform community service,
• avoid being arrested for another crime, and
• comply with any restraining orders that protect the victim.

Not all states offer pretrial diversion. Those that do only provide it for certain low-level criminal offenses, like:

• driving under the influence (DUI),
• drug possession,
• domestic violence, and
• shoplifting.

Even when there is a diversion program available, the eligibility requirements are often very strict. Generally, to be eligible for diversion, you must:

• be a first-time offender or have a nearly clean criminal record,
• not be a threat to public safety, and
• be seeking diversion for a non-violent offense.

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 you plead guilty, first. If you do not complete the program, the criminal case will resume. Because of the guilty plea, the case will go straight to sentencing. You 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.

Plea bargain

Accepting a plea bargain can also lead to petty theft charges getting dropped. By pleading guilty to a lesser offense, you can get your charges dropped. You 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.

Exculpatory evidence

Probably the best way to get petty theft charges dropped is to present exculpatory evidence. By showing the district attorney that they 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:

• you were not at the scene of the crime,
• the victim is making false allegations, or
• someone else was the thief.

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 you. Trying to show innocence is something that you should not do until you have talked with a criminal defense attorney.

Does this also apply to shoplifting charges?

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.

What are the penalties for a conviction?

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:

• fines,
• victim restitution,
• probation, and
• community service.

A criminal conviction for a theft offense will also put a blemish on your criminal history. This can prove to be a significant obstacle for years to come. Many employers will refuse to hire you if you have been convicted of petty theft. It can also make it more difficult to get a loan or other financial assistance.

What are the petty theft laws in California?

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 you in a petty theft case:

1. you took possession of property that was owned by someone else,
2. the owner of the property did not consent to your possession,
3. when you took the property, you intended to deprive the owner of it permanently, and
4. you moved the property and kept it for a period of time.¹

You do not have to move the property far, at all. The amount of time that you keep 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:

• theft by larceny,
• theft by embezzlement (Penal Code 503 PC), and
• theft by false pretenses (Penal Code 532 PC).

Petty theft is a misdemeanor in California. A petty theft conviction carries up to:

• 6 months in county jail, and/or
• $1,000 in fines.³

However, there is a sentencing enhancement if it was not your first offense. The sentence increases if you have:

• a prior conviction for a theft offense, and
• served a prison sentence or jail time for that conviction.⁴

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 your 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.

Additional resources

For information about shoplifting laws and related topics, refer to the following:

• National Association for Shoplifting Prevention – Provides information on the causes of shoplifting, statistics, and prevention.
• Loss Prevention Magazine – Information on retail loss prevention and shoplifting deterrence.
• What the Panic Over Shoplifting Reveals About American Crime Policy – Article about how legislators are tackling shoplifting problems, by the Marshall Project
• Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Weekly self-help group.
• Shoplifting and Police Referral: A Reexamination – The Journal of Criminal Law and Criminology.

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