“Petty Larceny” – Top 5 Ways to Beat the Charge

Posted on May 26, 2022

Petty larceny (sometimes called petty theft) is generally defined as stealing someone else’s property when the value of the property is below a certain threshold amount (such as below $500.00).

The 5 best defenses to a petty larceny charge are to show that:

1. you actually  own the property that was allegedly stolen,
2. you acted with a property owner’s consent,
3. you were narrowing rather than stealing the property in question,
4. you were falsely accused, and/or
5. the police conducted an unlawful search and seizure.

Petty larceny is also referred to as

• “petit larceny” or
• “petty theft.”

Most states say that you commit the crime if:

1. you take someone else’s property without that person’s consent, and
2. the value of the stolen property is below a specific dollar amount.

Note that the criminal laws of a state will set forth the dollar amount ceiling for petty theft charges. For example, under California Penal Code 484a PC, a prosecutor can charge you with petty theft if you take someone’s property and the value of the property is $950 or less.¹

Shoplifting and pickpocketing are common examples of petit larceny offenses.

Most states charge petty theft as a misdemeanor offense (as opposed to a felony). People guilty of the crime can face county jail time of up to six months.

What is a claim of right defense?

A claim of right defense asserts that you actually believed you were the true owner of the property that was allegedly stolen. The defense works even if your belief was mistaken.²

The strength of this defense will often depend on the evidence you can raise to show ownership. For example, your claim of ownership will likely succeed if you can show receipts or pictures that prove you owned the “stolen” property. But the defense will likely fail if a prosecutor can discredit this evidence.

Does a property owner’s consent matter?

Most often, yes. Recall that you are only guilty of the crime of theft if you:

• took someone else’s property, and
• did so without that person’s consent.

This means it is always a solid legal defense for you to show that you acted with the owner’s consent. Perhaps, for example, you took some property because you were getting it for the owner of the property.

Is it a defense to show that you were borrowing property?

Yes. You can contest a petty larceny charge by showing that you were merely borrowing a person’s property. But note that the defense will likely only work if you made an attempt to return the property after “borrowing” it and did so within a reasonable time after taking it.

Do people often falsely accuse someone of theft?

Unfortunately, yes. People falsely accuse people of theft crimes all the time. For example, someone may make false accusations out of:

• revenge,
• jealousy, or
• an attempt to cover his/her own wrongdoings.

No matter the specific reason, you can always challenge criminal charges by showing that you were unjustly blamed.

Is it a defense to show that a police search was unconstitutional?

Yes. The Fourth Amendment is very clear that the police may not conduct searches without a search warrant, or without a good reason to forego getting a warrant. Whenever the police may have committed an illegal search, you can file a motion to suppress the evidence that the police wrongfully took.

If the court grants the motion, the evidence is excluded from the case. A possible result is that the judge will dismiss the charges filed.

Is petty theft the same crime as grand larceny?

No, a petty theft charge is different than a grand larceny charge. The main difference lies in the value of the property taken.

Prosecutors will likely charge you with petty larceny if the value of the property taken is relatively low. However, they will charge you with grand larceny or grand theft if the value of the property is relatively high.³

While a first-time petit larceny charge will result in possible jail sentences of up to six months, a first offense of grand theft can result in a jail term of one year or even longer (depending on your criminal record and the facts of the case).

Can a criminal defense attorney help?

Yes. Criminal defense lawyers can provide valuable assistance to help you avoid a larceny conviction.

A defense attorney will provide legal advice as to the best possible defenses that fit your case.

Larceny lawyers will also help you gather evidence to support your defense.

Note that most defense lawyers and law firms provide free consultations, meaning you can secure legal advice without paying a fee.

The communications between you and your lawyer are also protected by the attorney-client relationship. This means an attorney cannot disclose your communications without first getting your consent.

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