California Penal Code 488 PC – Petty Theft

Overview

Petty theft under California Penal Code 488 PC is the unlawful taking of property valued at $950 or less. It’s one of the most common misdemeanor charges in California, but a conviction can still carry serious consequences—especially for those with prior offenses or immigration concerns.

At Jones Trial Attorneys, we don’t treat theft charges as “minor.” We treat them as beatable. With strategic negotiation or a courtroom defense, we fight to protect your record, your reputation, and your future.

Legal Definition

Penal Code § 484 defines theft broadly as “the felonious stealing, taking, carrying, leading, or driving away of the personal property of another.”

Petty theft specifically refers to:

• Property valued at $950 or less

• Taken without the owner’s consent

• With intent to permanently deprive the owner

When the value exceeds $950, or certain aggravating factors are present, the offense may be charged as grand theft under Penal Code 487 PC.

Elements of the Crime

To convict someone of petty theft, the prosecution must prove:

1. You took property owned by someone else;

2. You did so without their permission;

3. When you took it, you intended to permanently deprive the owner of it; and

4. The property was worth $950 or less.

Penalties for Petty Theft

Petty theft is usually a misdemeanor, punishable by:

• Up to 6 months in county jail;

• A fine of up to $1,000;

• Misdemeanor probation; and

• Possible restitution to the alleged victim.

However, if you have certain prior theft convictions or strike offenses, the charge may be filed as a felony (wobbler) under PC 666—known as “petty theft with a prior.”

Defenses to Petty Theft

Our firm has successfully defended theft charges through a variety of legal strategies. Common defenses include:

• Lack of intent – You didn’t intend to steal or permanently keep the property.

• Mistake of fact – You believed the item belonged to you or that you had permission.

• False accusations – The alleged victim misunderstood or is fabricating the incident.

• Police misconduct – Evidence was obtained illegally or your rights were violated.

Even if the evidence is strong, we may negotiate for a dismissal through diversion, civil compromise, or reduced charges.

Immigration and Employment Consequences

A conviction for theft is considered a crime of moral turpitude and can result in:

• Deportation or inadmissibility for non-citizens

• Disqualification from jobs or professional licenses

If you’re not a U.S. citizen or hold a state license, we will build a defense specifically aimed at protecting your immigration status and career.

Related Offenses

• Grand Theft – PC 487

Theft of property valued over $950

• Burglary – PC 459

Entering a building with intent to commit theft

• Shoplifting – PC 459.5

Theft from a commercial establishment during business hours

How Jones Trial Attorneys Can Help

We don’t just negotiate. We try cases—and that makes all the difference.

If you’re facing petty theft charges in San Diego, you need a legal team that treats every case like it could go to trial. We work quickly to uncover weaknesses in the prosecution’s case and negotiate from a position of strength.

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