Theft Charges Under California Law: Grand Theft vs. Petty Theft

California Penal Code classifies theft into two main categories: grand theft and petty theft. The distinction primarily depends on the value of the property taken. Grand theft typically involves property worth more than $950, while petty theft involves property valued at $950 or less. Petty theft is a common charge in California, encompassing offenses like shoplifting or retail theft.

Understanding Petty Theft Charges in Bakersfield

In Bakersfield, most petty thefts are charged as misdemeanors, especially when the value of the stolen property is $950 or less, and the offender has no prior criminal history. A misdemeanor conviction for petty theft can result in:

• Up to six months in county jail
• A fine of up to $1,000
• Or both (California Penal Code Section 490).

For minor offenses involving property valued at $50 or less, first-time offenders may face an infraction instead of a misdemeanor. The penalty for an infraction is typically a fine not exceeding $250.

Enhanced Penalties for Repeat Offenders

California imposes stricter penalties for habitual offenders. Under Penal Code Section 666, a petty theft charge can be elevated to a felony if the defendant has three or more prior theft-related convictions that involved imprisonment. Felony petty theft carries more severe consequences, including longer jail time and higher fines.

Common Defense Strategies for Petty Theft Charges

Defending against a petty theft charge often involves challenging key elements of the prosecution's case. Common defenses include:

• Good-Faith Belief: Arguing that the defendant genuinely believed they had the right to possess the property.
• Disputing Property Value: Contesting the value of the stolen property can be crucial, especially if it determines whether the charge is petty theft or grand theft.
• Lack of Intent: The prosecution must prove the defendant intended to permanently deprive the owner of the property. If there's reasonable doubt about intent, the defense can argue for reduced charges or dismissal.

Elements the State Must Prove for a Petty Theft Conviction

For a petty theft conviction, the prosecution must establish the following:

1. The defendant took possession of property owned by someone else.
2. The defendant did so without the owner's consent.
3. The defendant intended to permanently deprive the owner of the property or keep it for such an extended period that the owner would lose a significant portion of its value or enjoyment.
4. The defendant moved the property, even a small distance, and kept it for any period, however brief.

Why You Need an Experienced Bakersfield Criminal Defense Lawyer

If the prosecution cannot sufficiently prove these elements beyond a reasonable doubt, the case may be dismissed or charges reduced. Regardless of whether the case proceeds to trial, the consequences of a petty theft charge can have a lasting impact on your record and future opportunities.

Having a skilled and dedicated criminal defense lawyer who understands the nuances of California theft laws can make a significant difference. At Martens Law Firm, we focus on building strong defense strategies to protect our clients' rights and achieve favorable outcomes.

Get the Legal Support You Need

If you're facing petty theft charges in Bakersfield or the surrounding areas, don't navigate the legal process alone. Contact Martens Law Firm at (559) 372-0942 or (661) 336-9335 for expert legal assistance and to discuss your case with an experienced criminal defense attorney.