California Penal Code § 484(a) PC prohibits “petty theft,” which is wrongfully taking or stealing someone else’s property valued at $950 or less.
Petty theft is a misdemeanor punishable by up to six months in jail and/or $1,000 in fines, plus restitution. However, courts often grant summary probation instead of incarceration.
Officers tend to write petty theft on a citation as PC 484 or 484 PC as abbreviations for the California Penal Code. Examples of petty theft include:
- Borrowing a neighbor’s $300 serving tray and purposefully not returning it,
- Swiping a lipstick from a colleague’s desk while they are away in a meeting, or
- Stealing a smartphone from a shipment of phones belonging to your employer.
Now that Proposition 36 has passed in 2024, petty theft can be punished as a felony carrying up to three years of incarceration if you have two prior theft-related offenses.
Stealing from retail establishments is instead prosecuted as shoplifting (PC 459.5), though it carries the same penalties as petty theft. Meanwhile, stealing property valued at more than $950 is grand theft; however, stealing guns or cars is always treated as grand theft regardless of their value.
The following chart shows the differences between petty theft and grand theft in California.
CALIFORNIA LAW | Petty Theft | Grand Theft |
Penal Code | 484(a) & 488 PC | 484(a) & 487 PC |
Definition | Theft of property valued at $950 or less | Theft of property valued more than $950, or theft of any firearm or motor vehicle |
Penalties | Misdemeanor: Up to 6 months in jail (or probation) and/or a fine up to $1,000 | Misdemeanor: Up to 1 year in jail (or probation) and/or $1,000 or Felony: 16 months, 2 or 3 years in jail (or probation) and/or $10,000 |
Gun Rights | No impact | A felony conviction triggers a loss of gun rights |
Below our California criminal defense attorneys discuss what you need to know about petty theft. Click on a topic to jump to that section.
- 1. Elements of 484(a) PC
- 2. Defenses
- 3. Penalties
- 4. Immigration Consequences
- 5. Expungements
- 6. Gun Rights
- 7. Related Offenses
- Additional Reading
1. Elements of 484(a) PC
The elements of petty theft are spelled out in California Criminal Jury Instruction “CALCRIM” 1800. For you to be convicted under 484(a) PC, prosecutors must prove beyond a reasonable doubt the following five elements.1
- You took possession of property owned by someone else. The petty theft victim does not have to be the actual property owner; it is enough they were in lawful control (“possession”) of the property.2
- The property’s fair market value is valued at $950 or less. Fair market value is the highest price the property would reasonably have sold for in the open market at the time, and in the place, where it was stolen.3
- You took the property without the owner’s consent. The consent can be express or implied.
- When you took the property, you intended to deprive the owner of it permanently. It does not matter whether you intended to use the property taken or benefit from it.4
- You moved the property. This movement (“asportation”) can be slight and brief, but it must transfer possession from the victim to you.5
Note that stealing multiple items counts as a single theft charge if:
- The multiple items are stolen from a single victim, and
- The takings are part of one intent, plan, or impulse.
The value of the stolen property will then be the combined value of the multiple items.6
Many petty theft suspects are given citations in lieu of an arrest.
Types of Petty Theft
As discussed below, there are four ways petty theft can be committed in California. They all are charged under 484(a) PC and carry identical penalties.
1) Theft by Larceny
Most petty theft cases involve “larceny.” Petty larceny typically occurs when you physically take and carry off another person’s property valued at $950 or lower.7
Example: Betty is at a house party when she steals the host’s old iPad, valued at $350. If caught, she would be charged with petty larceny.
2) Theft by Trick
Theft by trick is when you use fraud to deceive a property owner into letting you possess – but not own – the property.8
Example: David accosts Michael on the street and asks to use his phone to make an emergency call. After Michael hands over his phone, David walks away with it. If caught, David faces theft by trick charges.
3) Theft by Embezzlement
Theft by embezzlement is when someone entrusts you with their property, and you use it for your own benefit.9
Example: Jewelry store owner Sam gives his assistant Fred the key to the store while Sam goes on vacation. Fred then pawns some of the jewelry for cash. If caught, Fred could be charged with embezzlement. It is not a defense if Fred intended to return the property.
Many white-collar crimes involve embezzlement where financial services employees take money from funds or trusts they were allowed to access.
4) Theft by Fraud or False Pretenses
You commit theft by fraud or false pretense when you defraud a property owner into giving you possession and ownership of their property.10
Example: Alex offers to mow his neighbor’s lawn for a year in return for their lawn mower. The neighbor hands over the mower, but Alex never mows the lawn. If caught, Alex faces theft by false pretense charges because the neighbor relied on Alex’s fraud.
Petty theft penalties include not only fines but also restitution.
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with petty theft in California. In our experience, the four most effective defense strategies for getting these cases dismissed are the following.
1) You Took the Property by Accident
It is not uncommon for people to walk away with property that is not theirs because they are distracted. We see these cases a lot when clients are on the phone and are not paying attention to what they are doing.
Accidents are not crimes. You may have to repay the owner for what you took, but criminal charges cannot stand as long as your actions were inadvertent.
2) You Acted with the Owner’s Consent
In these cases, our criminal defense lawyers would compile all the evidence that indicates the property owner allowed you to take the property. This typically includes recorded communications such as text messages, emails, and voicemails.
Perhaps we can also find eyewitnesses who heard the owner consent or video footage that shows the owner giving consent.
3) You Borrowed the Property
You can defend against a theft accusation by showing that you intended to return the property within a reasonable time. A judge or jury determines what is a “reasonable time” by examining the facts of the case.11
If available, we would use your GPS records or any available surveillance video footage that shows you attempted to return the property within a reasonable time after you took it.
You may also have text messages or other recorded communications indicating that you only intended to borrow and not keep the property.
4) You Had a Claim of Right
Taking is not theft if you believed you had a right to the property you took even if that belief is mistaken or unreasonable.12
Here, our law firm would find all the relevant paperwork that would cause you to believe you owned the property in question, such as:
- Receipts,
- Bills of sale,
- Invoices, or
- Written communications memorializing a transfer of property.
In some cases, we can also use a polygraph to show that you genuinely thought the property was yours.
Petty theft if a misdemeanor offense in California.
3. Penalties
Petty theft is a misdemeanor under California Penal Code 484(a) PC, carrying:
- Imprisonment in the county jail for up to six months and/or
- A maximum fine of $1,000.
Instead of jail, a judge may grant you misdemeanor (or summary) probation for up to two years. Depending on the case, the judge may also issue a restraining order requiring you to stay away from the theft victim.
If the judge assigns you to probation for longer than one year – and you are under 25 years old – the court must try to refer you to a program modeled on healing-centered, restorative, trauma-informed, and positive youth development approaches and that is provided in collaboration with community-based organizations.13
Plea Bargains & Diversion
In our experience fighting petty theft charges, we can usually secure a resolution where you do no jail time at all and merely pay a fine and possibly restitution.
Sometimes prosecutors will reduce the charge down to an infraction under PC 490.1. Though in many cases, you can do a diversion program, which results in your charge getting totally dismissed: This way, no conviction shows up on future background checks by prospective employers.
Petty Theft with a Prior
Petty theft is charged as petty theft with a prior under PC 666 if you already have served jail or prison for a prior conviction of either:
- Petty theft,
- Grand theft,
- Burglary,
- Carjacking,
- Robbery, and/or
- Felony receiving stolen property.
Petty theft with a prior is a wobbler, meaning it can be a misdemeanor or a felony, as this chart shows.14
PC 666 conviction | California Penalties |
Misdemeanor | Up to 1 year in county jail and/or $1,000 |
Felony | 16 months, 2 years, or 3 years in county jail and/or up to $10,000 |
Proposition 36
With the passage of Proposition 36, petty theft can be punished as a felony carrying up to three years of incarceration if you have two prior theft-related offenses such as:
- Petty theft,
- Grand theft,
- Burglary,
- Robbery, or
- Carjacking.
A felony carries 16 months, two years, or three years of incarceration.15
4. Immigration Consequences
A petty theft conviction may have negative immigration consequences.
One California court stated that petty theft done with an intent to defraud is a crime of moral turpitude.16 There was also a case in which an immigrant was deported for violating PC 484, and that deportation was held as valid.24
If you are a non-citizen charged with any crime, always contact an attorney to try to get it dismissed or reduced to a non-deportable offense. It may be your only way to retain legal status.
Judges can order petty theft defendants to a county jail sentence, not a state prison sentence.
5. Expungements
If you are convicted under 484(a) PC, you can get the offense expunged if you:
- successfully completed probation and
- are not currently charged with a crime, on probation, or serving a sentence.
Under Penal Code 1203.4, an expungement releases you from virtually “all penalties and disabilities” arising out of the conviction. Having an expunged criminal record will greatly improve your job prospects.17
6. Gun Rights
A conviction under Penal Code 484 does not affect your gun rights. Petty theft is not one of the California misdemeanors that carries a 10-year firearm ban.
7. Related Offenses
- Burglary (PC 459) – Entering a residential or commercial structure (or a locked vehicle) with the intent to commit larceny or any felony.
- Carjacking (PC 215) – Taking a vehicle from another person through the use of force or fear.
- Grand theft (PC 487) – Stealing more than $950 worth of property, or stealing a firearm or motor vehicle, or pick-pocketing.
- Grand theft auto (PC 487d1) – Stealing someone else’s vehicle with the intent to deprive the true owner of the vehicle.
- Mail theft (PC 530.5e) – Stealing someone else’s mail.
- Receiving stolen property (PC 496) – Taking possession of property you know is stolen.
- Robbery (PC 211) – Taking property from another using force or fear.
Additional Reading
For more information on theft laws, refer to the following:
- What to Know About Being Addicted to Stealing – Article by WebMD.
- Cleptomaniacs And Shoplifters Anonymous, LLC (CASA) – Self-help group to help overcome compulsive stealing.
- National Association for Shoplifting Prevention (NASP) – Provides programs and services to help stem shoplifting.
- Retail Theft and Robbery Rates Have Risen across California – Article by the Public Policy Institute of California.
- Tax evasion and mechanisms of social control: A comparison with grand and petty theft – Scholarly article in Journal of Economic Psychology.
Legal References:
- California Penal Code 484 PC.
(a) Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation or pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
CALCRIM No. 1800 – Theft by Larceny. Judicial Council of California Criminal Jury Instructions (2024 edition).To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant took possession of property owned by someone else;
2. The defendant took the property without the owner’s [or owner’s agent’s] consent;
3. When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property); AND
4. The defendant moved the property, even a small distance, and kept it for any period of time, however brief.See also Penal Code 488, People v. Mota (Cal. Mar. 12, 2024) No. S283230. People v. Solis (Cal. App. 2d Dist. 2016), 245 Cal. App. 4th 1099; People v. Davis (Cal. App. 3d Dist. 2016) 3 Cal. App. 5th 708; People v. Williams (1946) 73 Cal.App.2d 154; People v. Edwards (1925) 72 Cal. App. 102; People v. Huggins (1997) 51 Cal.App.4th 1654; People v. Brady (1991) 234 Cal.App.3d 954; Buck v. Superior Court (1966) 245 Cal.App.2d 431; People v. Frankfort (1952) 114 Cal.App.2d 680; People v. Quiel (1945) 68 Cal.App.2d 674; People v. Sanders (1998) 67 Cal.App.4th 1403; People v. Counts (1995) 31 Cal.App.4th 785; People v. Failla (1966) 64 Cal.2d 560; People v. Nor Woods (1951) 37 Cal.2d 584; People v. Marquez (1993) 16 Cal.App.4th 115; Perry v. Superior Court of Los Angeles County (1962) 57 Cal.2d 276; People v. Henning (2009) 173 Cal.App.4th 632; In re Estrada (1965) 63 Cal.2d 740; People v. Zangari (2001) 89 Cal.App.4th 1436; People v. Shannon (1998) 66 Cal.App.4th 649; People v. Collins (1959) 172 Cal.App.2d 295; People v. Quiel (1945) 68 Cal.App.2d 674; People v. Franco (1970) 4 Cal.App.3d 535; People v. Martinez (2002) 95 Cal.App.4th 581; People v. Pater (1968) 267 Cal.App.2d 921; People v. Anderson (1975) 15 Cal.3d 806; People v. Thomas (1974) 43 Cal.App.3d 862; People v. Romo (1990) 220 Cal.App.3d 514; People v. Devine (1892) 95 Cal. 227; In re Bayles (1920) 47 Cal.App. 517; People v. Navarro (1979) 99 Cal.App.3d Supp. 1; People v. Llamas (1997) 51 Cal.App.4th 1729; People v. Davis (1998) 19 Cal.4th 301; People v. Shannon (1998) 66 Cal.App.4th 649; People v. Bailey (1961) 55 Cal.2d 514; People v. Sullivan (1978) 80 Cal.App.3d 16; People v. Whitmer (2014) 59 Cal.4th 733; People v. Kunkin (1973) 9 Cal.3d 245; People v. Green (1980) 27 Cal.3d 1; People v. Hall (1986) 41 Cal.3d 826; People v. Pierce (1952) 110 Cal.App.2d 598; People v. Davis (1893) 97 Cal. 194. See also, for example, People v. Myles (Cal. App. 2023) . - People v. Edwards (1925) 72 Cal. App. 102.
- People v. Romanowski (2017) 2 Cal.5th 903.
- People v. Kunkin (1973) 9 Cal.3d 245.
- People v. Shannon (1998) 66 Cal.App.4th 649.
- People v. Bailey (1961) 55 Cal.2d 514.
- See note 1.
- CALCRIM 1805.
- CALCRIM 1806. PC 503.
- CALCRIM 1804. PC 532.
- People v. Avery (2002) 27 Cal.4th 49.
- People v. Romo (1990) 220 Cal.App.3d 514.
- California Penal Code section 490. PC 1203g. AB 2943 (2024). See also PC 666.1. PC 490.8. See also PC 490.3 (“Notwithstanding any other law, in any case involving one or more acts of theft or shoplifting, including, but not limited to, violations of Sections 459.5, 484, 488, and 490.2, the value of property or merchandise stolen may be aggregated into a single count or charge, with the sum of the value of all property or merchandise being the values considered in determining the degree of theft.”).
- PC 666.
- Proposition 36.
- See INA 237 (a) (2) (A). In re Hallinan (1954) 43 Cal. 2d 243.
- California Penal Code 1203.4.