Penal Code § 484(a) PC – Petty Theft – California Law & Penalties

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

• probation,
• fines,
• restitution and
• up to 6 months in county jail.

Officers tend to write this charge on a citation as PC 484 or 484 PC as abbreviations for the California Penal Code.

Examples

• Borrowing a neighbor’s $300 serving tray and purposefully does not return it
• Changing the price tag on a $100 sweater and proceeding to the checkout line
• Taking a smartphone from a shipment of phones belonging to one’s employer

Stealing property valued at more than $950 is grand theft. Though the theft of certain types of property, such as guns or cars, is treated as grand theft regardless of the value.

The following chart compares 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 over $950, or theft of any firearm or motor vehicle
Penalties	Misdemeanor: Up to 6 months in county jail and/or fine up to $1000	Misdemeanor: Up to 1 year in county jail or Felony: 16 months, 2 or 3 years in state prison
Defenses	Claim of right, lack of intent, mistaken identity	Claim of right, lack of intent, mistaken identity
Probation	Possible	Possible
Immigration	May be deportable as a crime of moral turpitude	May be deportable as a crime of moral turpitude
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
• 2. Types of Petty Theft
• 3. Defenses
• 4. Penalties
• 5. Immigration Consequences
• 6. Expungements
• 7. Gun Rights
• 8. Related Offenses
• Additional Reading

1. Elements

Petty theft, per PC 484 and PC 488, is the unlawful taking of property worth $950 or less.¹

The elements of this crime are spelled out in Jury Instruction “CALCRIM” 1800. For you to be convicted of petty theft in California, prosecutors must prove beyond a reasonable doubt the following five elements:

1. you took possession of property owned by someone else,
2. the property is valued at $950 or less,
3. you took the property without the owner’s consent,
4. when you took the property, you intended to deprive the owner of it permanently, and
5. you moved the property, even a small distance, and kept it for any period of time, however brief.²

Aspects of these elements are discussed in more detail below.

Owner vs. Possessor

The theft victim does not have to be the owner of the property.³ It is enough if the victim is just in possession (“control”) of the property.⁴

Intent to Deprive

For prosecutors to prove you intended to deprive an owner permanently of their property, it is enough to show that:

• you intended to deprive an owner of the main value of their property, and
• this intent was for a given time.⁵

You may try and defend against a theft accusation by showing that you intended to return the property you took. However, you must return the property within a reasonable time of taking it.

A judge or jury will decide what is a “reasonable time” by examining the facts of the case.⁶

Moving of Property

For a completed theft crime, you must have moved the property or carried it away.⁷ This is called “asportation” and must include three things:

1. the property in question is severed from the possession of the owner or possessor,
2. the goods are in your complete possession, and
3. the property is moved, however slightly.⁸

Multiple Items Stolen

The theft of multiple items will count as one single theft charge if:

• the multiple items are stolen from a single victim, and
• the takings are part of one intent, plan, or impulse.⁹

Then the value of the stolen property will be the combined value of everything you took in each theft.¹⁰

Use or Benefit of Property Taken

For a theft conviction, it does not matter whether you intended to use the property taken or benefit from it. There just needs to be an intent to permanently deprive the owner of the property.¹¹

Value of the Items

In determining the property’s correct value, courts use “fair market value.”¹²

Fair market value is defined as 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.¹³

2. Types of Petty Theft

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.

This property is most often personal in nature and may include:

• jewelry,
• electronic equipment,
• clothing,
• appliances,
• furniture,
• bicycles, and
• sporting gear and equipment.

Theft by Trick

A prosecutor must prove five things to convict you of theft by trick. These are:

1. you obtained property that you knew was owned by someone else,
2. the property owner let you take possession of the property because you had used some kind of fraud or deceit,
3. when you obtained the property, you intended to either deprive the owner of it permanently or for a period of time that the owner would miss a major part of the property,
4. you kept the property for any length of time, and
5. the property owner did not intend to transfer ownership of the property to you.¹⁴

A “fraud” is the intentional use of deceit, or a trick, to deprive another of their property or a legal right.

Theft by Embezzlement

Theft by embezzlement (Penal Code 503) has four elements prosecutors must prove to convict you of this crime:

1. an owner of property entrusted that property to you,
2. the property owner did so because they trusted you,¹⁵
3. you fraudulently took or used that property for your own benefit,¹⁶ and
4. when you took or used the property, you intended to deprive the owner of the use of it (even temporarily).

It is not a defense for you to show that you intended to return the property.¹⁷

Theft by Fraud or False Pretenses

Under Penal Code 532, you commit theft by fraud or false pretense when:

1. you knowingly and intentionally deceive a property owner by “making a false pretense” (or, by telling them something that is not true),
2. you persuade the owner to let you take possession of the property, and
3. the owner lets you take possession and ownership of the property because the owner was relying on the false pretense.¹⁸

You are only guilty of theft by fraud if the owner of the property relied on your false pretense.¹⁹

3. Defenses

In Shouse Law Group’s decades of combined experience fighting petty theft charges in California, we found that three of the most effective legal defense strategies for getting these cases dismissed is to show that you:

1. acted with the owner’s consent,
2. borrowed the property, and/or
3. had a claim of right.

You Acted with the Owner’s Consent

In these cases, our criminal defense lawyers would compile all the evidence that indicates the property owner consented to you taking 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.

You Borrowed the Property

To raise a reasonable doubt, our law office would rely on such evidence as 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.

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.²⁰

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.

4. Penalties

Petty theft is charged as a misdemeanor under California criminal law. It is punishable by:

• 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.

If the judge assigns you to probation longer than one year – and you are under 25 years old – the court must if possible 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.²¹

In our experience, we can usually secure a resolution where you do no jail time at all and merely pay a fine and possibly restitution. In many cases you can do a diversion program, which results in your charge getting dismissed.

Retail Theft Cases

The court can issue a two-year restraining order barring you from entering the retail establishment you were convicted of stealing from.

It is a separate crime under PC 496.6 to possess shoplifted retail property valued at more than $950 with the intent to sell, exchange, or return it. This offense – called unlawful deprivation of a retail business opportunity – is a wobbler.

As a misdemeanor, violating PC 496.6 carries up to one year in jail. As a felony, violating PC 496.6 carries a jail sentence of either:

• 16 months,
• 2 years, or
• 3 years.

Also, you may face sentencing enhancements for selling, returning, or exchanging property you acquired through retail theft, as this chart shows:²²

Value of Property Acquired through Retail Theft	Sentencing Enhancement in California for Selling, Exchanging, or Returning the Property
Greater than $50,000 to $200,000	1 year
Greater than $200,000 to $1,000,000	2 years
Greater than $1,000,000 to $3,000,000	3 years
Greater than $3,000,0000	4 years plus 1 year for each property value of $3,000,000

5. Immigration Consequences

A petty theft conviction may have negative immigration consequences. One California court has stated that when you commit petty theft by using an intent to defraud, the offense is considered a crime of moral turpitude.²³

In addition, there has been a case in which an immigrant was deported for violating PC 484, and that deportation was held as valid.²⁴

6. Expungements

If you are convicted under 484 PC, you can get the offense expunged if you:

1. successfully completed probation, and
2. are not currently:
   • charged with a criminal offense,
   • on probation, or
   • serving a sentence.²⁵

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.²⁶

7. 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.

8. Related Offenses

• Burglary – Penal Code 459 PC
• Grand theft – Penal Code 487 PC
• Grand theft auto – Penal Code 487d1 PC
• Mail theft – Penal Code 530.5e PC
• Robbery – Penal Code 211 PC

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.

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