Petty Theft - California Penal Code § 488

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.


💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience



Talk to a Criminal Defense Attorney Today


Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.

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FREQUENTLY DEFENDED CHARGES

PC69-Resisting an Executive Officer

PC148-Resisting Arrest

PC187-Murder

PC187-Watson Murder

PC189-Felony Murder

PC664/187-Attempted Murder

PC191.5-Gross Vehicular Manslaughter While Intoxicated

PC192-Manslaughter

PC192(a)-Voluntary Manslaughter

PC192(b)-Involuntary Manslaughter

PC192(c)-Gross Vehicular Manslaughter

PC211-Robbery

PC215-Carjacking

PC240-Assault

PC242-Battery

PC243(b/c)-Battery on a Peace Officer

PC243(d)-Battery Causing Serious Injury

PC243(e)(1)-Domestic Battery

PC245(a)(1)-Assault with a Deadly Weapon

PC245(a)(4)-Assault with Force Likely to Cause Great Bodily Injury

PC246-Shooting at an Inhabited Dwelling or Vehicle

PC246.3-Negligent Discharge of a Firearm

PC261-Rape

PC261.5-Statutory Rape

PC273a-Child Endangerment

PC273.5-Corporal Injury to Spouse

PC417-Brandishing a Weapon

PC422-Criminal Threats

PC451-Arson

PC459-Burglary

PC459.5-Shoplifting

PC470-Forgery

PC484(e)-Credit Card Fraud

PC487-Grand Theft

PC487d1-Grand Theft Auto

PC488-Petty Theft

PC496-Receiving Stolen Property

PC503-Embezzlement

PC530.5-Identity Theft

PC594-Vandalism

PC602-Trespass

PC646(f)-Public Intoxication

PC646.9-Stalking

PC25400-Carrying a Concealed Firearm

PC26100-Drive-By Shooting

PC29800-Felon in Possession of a Firearm

PC30305-Possession of Ammunition by a Prohibited Person

VC10851-Joyriding

VC14601-Driving on a Suspended License

VC20002-Hit and Run

VC23103-Reckless Driving

VC23103.5-Wet Reckless

VC23152-Driving Under the Influence (DUI)

VC23153-DUI Causing Injury

HS11350-Possession of a Controlled Substance

HS11350-Possession of Fentanyl

HS11351-Possession for Sale

HS11352-Drug Transportation and Sales

HS11364-Possession of Drug Paraphernalia

HS11370.1-Possession of Drugs while Armed

HS11377-Possession of Methamphetamine

Firearm Enhancement

Gang Enhancement

Great Bodily Injury Enhancement

Strike Offenses

Wobbler Offenses

Common Aggravating Factors