CALIFORNIA PENAL CODE § 484(A) PC – PETTY THEFT LAW

According to California Penal Code §484(a), petty theft is defined as unlawfully taking someone else’s property without their consent. To be considered petty theft, there must be an intent to permanently keep the property or deprive the owner of a significant portion of its value or enjoyment. Additionally, the property must be physically moved and held, even if only for a short period of time. The value of the property, including any services, must not exceed $950.

484(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.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484.

DIFFERENT FORMS OF PETTY THEFT CRIMES CALIFORNIA

• Theft by larceny:

Petty theft cases commonly involve the offense of “larceny.” Petty larceny occurs when an individual physically takes and removes property belonging to another person that is valued at $950 or less. The property involved in such cases is typically personal in nature and may include items such as jewelry, electronic equipment, clothing, appliances, furniture, bicycles, and sporting gear and equipment.

• Theft By Fraud or False Pretense:

Theft by Fraud or False Pretense (CPC §532) refers to the intentional act of obtaining property by deceiving its owner. In order to commit this offense, the individual must convince the owner to physically transfer possession of the property by relying on false information or misrepresentations.

• Theft By Trick:

The offense of Theft By Trick entails acquiring property through fraudulent or deceitful means. At the moment of obtaining the property, the individual must have the intent to either permanently deprive the owner of it or to withhold it for a significant period, such that the owner would suffer a substantial loss in value. Additionally, the individual must retain the property for any duration, and the owner must have no intention of transferring ownership of the property to them.

• Embezzlement:

Embezzlement (CPC §503) takes place when an individual who is entrusted with property by its owner dishonestly appropriates or utilizes the property for their own advantage. In order to be considered embezzlement, the person must have the intent to prevent the owner from using the property, even if only for a short period of time.

ELEMENTS

Petty theft, as defined by PC 488, entails the unlawful acquisition of property valued at $950 or less. To secure a successful conviction under PC 484, a prosecutor must establish the following five elements:

• The defendant took possession of property belonging to another individual.
• The property’s value is $950 or less.
• The defendant acquired the property without the owner’s consent.
• At the time of taking the property, the defendant intended to permanently deprive the owner of it.
• The defendant moved the property, even if only a short distance, and retained possession of it for any duration, no matter how brief.

To secure a conviction for theft by trick, a prosecutor must establish the following five elements:

• The defendant knowingly acquired property that belonged to someone else.
• The property owner allowed the defendant to possess the property based on the defendant’s use of fraud or deceit.
• When obtaining the property, the defendant intended to permanently deprive the owner of it or keep it for a duration that would significantly diminish its value.
• The defendant retained possession of the property for any period of time.
• The property owner did not intend to transfer ownership of the property to the defendant.

In this context, “fraud” refers to the deliberate use of deceit or trickery in order to deprive another person of their property or legal rights.

In order to convict an individual of theft by embezzlement (Penal Code 503), prosecutors must establish the following four elements:

• An owner entrusted the property to the defendant.
• The property owner did so based on their trust in the accused.
• The accused fraudulently appropriated or utilized the property for their own benefit.
• At the time of taking or using the property, the defendant intended to prevent the owner from using it, even if only temporarily.

It is not a valid defense for the accused to demonstrate an intention to return the property.

PENALTIES, PUNISHMENT, AND SENTENCING

Petty theft is classified as a misdemeanor in California. If convicted, the punishment can include up to six months in county jail and/or a fine of up to $1,000.21. However, instead of jail time, a judge may choose to grant misdemeanor probation to the defendant. By working on your behalf, our goal is to reach a resolution where you avoid jail time and instead pay a fine and potentially restitution. It’s important to note that a conviction for petty theft will be recorded on your criminal record and can be seen by future employers, landlords, or anyone who conducts a background check.

DEFENSES

Three effective defense strategies for potentially getting these cases dismissed are:

• Demonstrating owner’s consent: By presenting evidence, such as recorded communications (e.g., text messages, emails, voicemails) and eyewitness testimony, that establishes the property owner’s consent to the defendant’s actions.
• Establishing property was borrowed: Utilizing evidence like GPS records, surveillance footage, and recorded communications to demonstrate that the defendant intended to return the property within a reasonable timeframe and did not have the intent to permanently keep it.
• Asserting a claim of right: Gathering relevant documentation, such as receipts, bills of sale, invoices, or written communications, which supports the defendant’s belief that they had a legitimate claim to the property. In some cases, a polygraph test may also be used to demonstrate the defendant’s genuine belief that the property rightfully belonged to them.

IMMIGRATION CONSEQUENCES

A conviction for petty theft can have adverse effects on immigration status. According to a California court, if a defendant commits petty theft with the intent to defraud, it may be considered a crime involving moral turpitude. Additionally, there have been cases where immigrants were deported for violating Penal Code 484, and these deportations were upheld as valid.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

A person who has been convicted under Penal Code 484 PC may be eligible to have the offense expunged if they have successfully completed probation, whether it was felony or misdemeanor probation. However, they must also meet certain conditions: they should not have any current criminal charges, should not be on probation for another criminal offense, and should not be serving a sentence for a criminal offense. Expungement under Penal Code 1203.4 provides relief from most penalties and disabilities associated with the conviction.

For more information, you can contact the expungement attorney at Tabibnia Law Firm.

RELATED CRIMES

• Grand Theft – California Penal Code Section 487 PC
• Burglary – California Penal Code Section 459 PC
• Robbery – California Penal Code Section 211 PC
• Mail theft – California Penal Code Section 530.5e PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or a loved one are facing charges for petty theft, it is important that you seek legal advice from Cyrus Tabibnia, a Los Angeles Criminal Defense Attorney at Tabibnia Law Firm. He has more than 19 years of experience in fighting all types of crime charges throughout California. Mr.Tabibnia is known for his tough advocacy and extensive knowledge of the legal system. Having established relationships within the court system, his early involvement in a case can potentially impact whether or not criminal charges are filed. Call 866-713-2159 to schedule an initial consultation.