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

California Penal Code § 484(a) PC defines the crime of “petty theft” as wrongfully taking or stealing someone else’s property when the value of the property is $950.00 or less.

Petty theft is a misdemeanor punishable by

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

If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be charged. The theft of certain types of property, such as firearms, is treated as grand theft regardless of the value.

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

Our California criminal defense attorneys will discuss the following in this article:

• 1. How does California law define petty theft?
• 2. Different forms of petty theft
  • 2.1. Theft by larceny
  • 2.2. Theft by trick
  • 2.3. Theft by embezzlement
  • 2.4. Theft by fraud or false pretenses
• 3. What are the best defenses to PC 484 charges?
  • 3.1. Acted with owner’s consent
  • 3.2. Borrowed property
  • 3.3. Claim of right
• 4. What are the penalties for petty theft?
• 5. Are there immigration consequences?
• 6. Can a person get an expungement?
• 7. Does a petty theft conviction affect a person’s gun rights?
• 8. Are there crimes related to petty theft?
  • 8.1. Grand theft – PC 487
  • 8.2. Burglary – PC 459
  • 8.3. Mail theft – PC 530.5e

1. How does California law define petty theft?

Petty theft, per PC 488, is the unlawful taking of property worth $950 or less. A prosecutor must prove five elements in order to convict a defendant under PC 484 successfully:

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

Aspects of these elements are discussed in more detail below.

Note that grand theft, per PC 487, is the unlawful taking of property worth more than $950. Thus the difference between petty theft and grand theft rests in the value of the property that is taken.²

1.1. Owner of property vs. possessor of property

The victim of theft does not have to be the owner of the property for the crime to occur.³ It is enough if the victim is just in possession of the property.⁴

1.2. Intent to deprive

In showing that a defendant intended to deprive an owner permanently of his property, it is enough to show that:

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

An accused may try and defend against a theft accusation by showing that he intended to return the property he took. However, he 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

1.3. Moving of property

For a completed theft crime, the defendant must have moved the property or carried it away.⁷ This is sometimes 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 the complete possession of the defendant, and
3. the property is moved, however slightly.⁸

1.4. 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 property taken will be the combined value of all the property that a defendant stole in each theft.¹⁰

1.5. Use or benefit of property taken

For a theft conviction, it does not matter whether the defendant 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

1.6. Value of property

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. Different forms of petty theft

2.1. Theft by larceny

Most petty theft cases involve “larceny.” Petty larceny typically occurs when someone physically takes and carries off with 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.

2.2. Theft by trick

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

1. the defendant obtained property that he knew was owned by someone else,
2. the property owner let the defendant take possession of the property because the accused had used some kind of fraud or deceit,
3. when the defendant obtained the property, he 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. the defendant kept the property for any length of time, and
5. the property owner did not intend to transfer ownership of the property to the accused.¹⁴

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

2.3. Theft by embezzlement

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

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

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

2.4. Theft by fraud or false pretenses

Under Penal Code 532, a person commits theft by fraud or false pretense when:

1. he knowingly and intentionally deceives a property owner by “making a false pretense” (or, by telling him something that is not true),
2. he persuades the owner to let him take possession of the property, and
3. the owner lets him 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. What are the best defenses to PC 484 charges?

In Shouse Law Group’s decades of combined experience fighting petty theft charges in California, we found that three of the most effective 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.

3.1. You acted with the owner’s consent

In these cases, we would compile all the evidence that indicates the property owner gave you consent. 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.

3.2. You borrowed the property

To raise a reasonable doubt, we 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 permanently.

3.3. You had a claim of right

A claim of right defense asserts that you actually believed that you had a right to the property you took – even if that belief is mistaken or unreasonable.²⁰

Here, we 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. What are the penalties for petty theft?

Petty theft is charged as a misdemeanor in California.

The crime is punishable by:

• imprisonment in the county jail for up to six months, and/or
• a maximum fine of $1,000.²¹

In lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).

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.

5. Are there immigration consequences?

A petty theft conviction may have negative immigration consequences.²² One California court has stated that when a defendant commits 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. Can a person get an expungement?

A person convicted under 484 PC can try to get the offense expunged if they:

1. successfully completed probation (either felony probation or misdemeanor probation), and
2. is not currently:

• charged with a criminal offense,
• on probation for a criminal offense, or
• serving a sentence for a criminal offense.²⁵

Under Penal Code 1203.4, an expungement releases an individual from virtually “all penalties and disabilities” arising out of the conviction.²⁶

7. Does a petty theft conviction affect a person’s gun rights?

A conviction under Penal Code 484 does not have an effect on the convicted party’s gun rights. Petty theft is not one of the California misdemeanors that carries a 10-year firearm ban.

8. Are there crimes related to petty theft?

8.1. Grand theft – PC 487

Penal Code 487 PC says a person is guilty of grand theft if he:

1. unlawfully takes someone else’s property, and
2. that property is valued at more than $950.00.²⁷

In most cases, a violation of PC 487 is a wobbler offense. This means that the prosecutor may charge it as either a misdemeanor or a felony.²⁸

If charged as a misdemeanor, the crime is punishable by up to one year in county jail.

If charged as a felony, the offense is punishable by a jail sentence of either:

• 16 months,
• two years, or
• three years.²⁹

8.2. Burglary – PC 459

Penal Code 459 PC says burglary occurs when a person enters any residential or commercial building or room with the intent to commit a felony or a theft once inside.³⁰

First-degree burglary is burglary of a residence. Second-degree burglary is the burglary of any other type of structure (including stores and businesses).³¹

In California, first-degree burglary is always a felony that carries a state prison sentence of up to four years.³²

As a wobbler, second-degree burglary may be charged as either:

• a felony, with a potential county jail sentence of up to three years, or
• a misdemeanor, with a potential county jail sentence of up to one year.³³

8.3. Mail theft – PC 530.5e

A person commits stealing U.S. mail in California, per Penal Code 530.5e PC, if he does any of the following:

• steals or takes any mail from a mailbox or receptacle or another authorized depository for mail, or from a post office or letter carrier,
• uses fraud or deception to obtain or attempt to obtain any mail from one of these sources,
• removes the contents of any stolen mail,
• destroys or hides any stolen mail, or
• buys, receives, or unlawfully possesses any stolen mail, knowing that it is stolen.³⁵

Mail theft is a misdemeanor in California carrying:

• up to one year in county jail, and/or
• a fine of up to $1,000.³⁴

Additional resources

For more information, 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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