| California Penal Code 488 is the CA code section that | | | | district attorney will look at the individuals existing |
| defines the crime called Petty Theft. In California, | | | | record and other factors. Even through the California |
| there are primarily two kinds of theft crimes - petty | | | | Code states these punishments, there is no fixed |
| theft and grand theft. People are generally charged | | | | outcome for every case. When a case is properly |
| with petty theft when the value of the item they | | | | defended by a good petty theft attorney, the |
| are accused of taking is worth less than $400. | | | | defendant may be able to avoid fines and jail. |
| The laws that describe the crime are found in a | | | | In addition, the district attorney has discretion when |
| volume called the California Penal Code are set out in | | | | deciding how to prosecute a petty theft case. In |
| several chapters called sections. | | | | order of severity, these cases may be prosecuted |
| Definitions of Petty Theft | | | | as a felony, a misdemeanor or an infraction. A felony |
| Section 486 explains that there are two degrees of | | | | is a much more serious crime and carries more drastic |
| theft as follows: | | | | consequences for the person convicted. Either way, |
| "Theft is divided into two degrees, the first of which | | | | misdemeanors and felonies result in permanent |
| is termed grand theft; the second, petty theft." | | | | criminal records. These kind of records do not fall off |
| The California Penal Code section 487, PC487, sets | | | | like bad credit reports or speeding tickets after a |
| out the value for determining Grand Theft as follows: | | | | number of years. Rather they will continue to cause |
| "...When the money, labor, or real or personal | | | | problems for people for many years when, for |
| property taken is of a value exceeding four hundred | | | | instance, they fill out a job application or apartment |
| dollars ($400)..." | | | | application and are asked whether they were |
| Petty Theft Punishment | | | | convicted of a crime. |
| California Penal Code section 490 goes on to describe | | | | The reality is that many jurisdictions in California are |
| the punishment for Petty Theft stating that "petty | | | | getting tough on crime. Statistics show that US |
| theft is punishable by fine not exceeding one | | | | retailers lose over $20 billion of property every year. |
| thousand dollars ($1,000), or by imprisonment in the | | | | Therefore district attorneys are under a great deal |
| county jail not exceeding six months, or both." | | | | of pressure to prosecute these cases to the full |
| Clients often ask our petty theft attorneys whether | | | | extent of the law. |
| the personal property they're accused of taking must | | | | Many people wonder whether it is necessary to hire |
| be removed from the store in order for the crime to | | | | an attorney when they are accused of a crime. What |
| have been committed. In fact, removal is not | | | | they must understand is that the US legal system is |
| necessary. In order for shoplifting to have taken | | | | adversarial in nature, meaning that the prosecutor's |
| place, the person accused must have concealed, | | | | job is to seek the most stringent punishment, while |
| converted or carried away the property. As long as | | | | the defense attorney's role is to promote the most |
| the accused person had specific intent to deprive the | | | | lenient outcome. When a defendant does not have a |
| owner of the item, it is not necessary for the | | | | defense attorney, he or she is at the mercy of the |
| accused to actually keep the property. | | | | court without a skilled advocate that is promoting his |
| Every case is different and there are many factors in | | | | or her interests. In petty theft cases, a skilled petty |
| petty theft cases that affect the outcome of the | | | | theft attorney has many options at his disposal. |
| case. In addition to the value of the item taken, the | | | | |