Petty Theft/Shoplifting: CA Penal Code 484

Petty Theft and Shoplifting Defense Attorneys

Defending against Shoplifting and Theft Charges in Los Angeles and throughout California

Many people face charges of petty theft or shoplifting in the Los Angeles area on a regular basis. Some defendants believe that stealing a relatively small item is no big deal since no one gets physically hurt. In addition, many people associate shoplifting with teenage pranks, which they do not consider to be a serious matter. However, both of these are criminal offenses under the California Penal Code. Both can result in criminal convictions on your record, fines, probation, or even time in jail.

Having the right California theft defense attorney handling your case is imperative. The legal team at The Law Offices of David S. Chesley knows how to fight against petty theft and shoplifting charges. We understand the consequences of a conviction can last long after you complete your sentence, so we aim to avoid a conviction or reduce your charges whenever possible. If you have been arrested and accused of shoplifting or stealing, call our skilled Los Angeles petty theft defense attorneys right away.

“Petty” Theft in California

California’s basic theft statute is Penal Code 484, which makes it unlawful to take money or property from another person without authority. There are many different forms of theft, including:

• Theft by larceny, which involves physically taking something that is not yours. An example would be seeing someone’s purse on a chair and taking it.
• Theft by trick, which involves tricking someone to gain possession of something. For example, you borrow a lawn mower from a neighbor with the promise to return it, though you intend to keep it.
• Theft by false pretenses, which involves using deceit or fraud to obtain money or property. This can apply to many situations including identity theft, credit card fraud, and similar theft crimes.
• Theft by embezzlement, which involves taking something that you had permission to possess temporarily, but not permanently. This can range from a bank teller keeping $20 for themselves from the register to investment schemes misappropriating millions of dollars from clients.

Just as theft crimes vary significantly, so does the type and value of property stolen. Under Penal Code 484, theft of property worth no more than $950 is generally petty theft under section 490.2, subject to its listed exceptions. A firearm is expressly excluded from section 490.2; vehicle and other property theories need their own statute, value and prior-record review.

While it may be commonly called “petty,” these theft crimes should not be treated that way. Prosecutors take these offenses very seriously, and so should you. The state is represented by a lawyer, so you should also have quality representation in any theft-related case.

California Shoplifting Laws

Entry into a place covered by section 459 with intent at entry to commit theft or another felony can support burglary; an open business and low-value larceny allegation also requires the separate shoplifting analysis. However, in 2014, California passed a separate law - Penal Code 459.5 - addressing situations in which someone enters a commercial establishment during business hours with the intent to commit larceny of property worth no more than $950. Now, the charge of “shoplifting” should apply to those situations.

Shoplifting is most commonly associated with going into a store and hiding something in your pocket or purse in order to take it without paying for it. However, the crime of shoplifting can apply to additional scenarios, including the following:

• Switching price tags to pay less than the value of the item
• Trying to return items for a refund that you did not purchase
• A cashier purposely charging less than they should or not charging for certain items
• Entering a bank or another commercial establishment to try to cash a forged check

Those examples require case-specific proof that the person entered an open commercial establishment during regular business hours with the required intent and that the property taken or intended to be taken was worth no more than $950. A higher alleged value may support another theft or burglary theory, but it does not automatically make the case a felony.

While many young people may shoplift on a dare or due to a lapse in judgment, they can still face criminal charges and all of the potential consequences. In addition, some people may shoplift because they cannot afford to buy enough food to feed their family, and then end up in criminal court as a result. The law takes shoplifting very seriously in California, and you should be aware that you face steep penalties with these charges. Contact our Los Angeles shoplifting defense lawyers as soon as possible if you get accused of shoplifting.

Related Offenses

The following are some criminal offenses that are often involved in petty theft or shoplifting cases:

• Petty Theft with a Prior (Penal Code 666) - Section 666 has a specific prior-theft and specified serious, violent or registration-prior route. Separate section 666.1 can apply to petty theft or shoplifting after two qualifying prior theft-related convictions. Counsel should compare certified prior records and the exact allegation rather than assume every prior increases the punishment.
• Receiving Stolen Property (Penal Code 496) - Section 496 addresses buying, receiving, concealing or disposing of property known to be stolen. A principal in the theft may be charged under section 496, but cannot be convicted of both section 496 and theft of the same property.
• Burglary (Penal Code 459) - An alleged value above $950 may put the conduct outside section 459.5, but second-degree burglary can be charged as a misdemeanor or felony and still requires proof of intent at entry. Counsel can test the store hours, value and entry evidence before comparing any charge or negotiated disposition.

Possible Penalties for Petty Theft or Shoplifting

Petty theft and section 459.5 shoplifting are ordinarily misdemeanors, with defined prior-conviction exceptions. Depending on the filed charge, a conviction may involve:

• Summary probation (unsupervised probation)
• Fines up to $1,000
• Up to six months in county jail

A separate civil claim may follow a retail incident, but section 496(c) applies to a person injured by a qualifying receiving-stolen-property violation, not automatically to every petty theft or shoplifting charge. That statute permits a claimant who proves its requirements to seek:

• Three times the amount of actual damages
• Court costs
• Reasonable attorney’s fees

Whether any retailer or owner has a separate civil remedy, and its amount, depends on the actual statute, proof of loss and facts. A criminal accusation alone does not establish a three-times award.

Fortunately, there are many ways our California petty theft attorneys can defend against theft crimes, including shoplifting. Some common defenses include:

• Lack of intent to commit the theft
• False accusations and showing that you were factually innocent
• The owner consented to you taking the property
• The property, in fact, belonged to you

In addition to presenting legal defenses, we can also negotiate with prosecutors to obtain a favorable plea bargain. A proposed plea must be evaluated against the charges, evidence and possible record consequences; reductions or a disposition without a conviction are not assured.

Do Not Wait to Consult with Our Experienced Los Angeles Petty Theft Defense Attorneys

At The Law Offices of David S. Chesley, our highly skilled California theft and shoplifting lawyers are ready to help you. After an arrest, it is important to contact our office as soon as you can, so we can begin protecting your rights. Never take any type of criminal charge lightly. Instead, call 800-755-5174 or contact us online to discuss the many ways we can help you throughout your criminal case.