Petty Theft Attorney Los Angeles

Petty theft is the taking of property that is valued at less than $400.00. A common example of petty theft is “shoplifting.” Shoplifting includes taking items from a store without paying from them, switching merchandise labels to avoid paying full price for the items, or paying for some items but attempting to take other items without paying for them.

Possible Defenses to Petty Theft

Depending on the circumstances of each case, there are numerous defenses to a petty theft or shoplifting charge:
Mistake/Lack of Intent: if you forgot to put an item back, or were distracted
and left a store without paying, you may have a defense to petty theft because you did not form the specific intent to steal the item. You must have the specific intent, in addition to having completed the physical act, in order to be guilty of petty theft or shoplifting.

Consent: you may not be guilty of petty theft if someone consented to the taking of the property in the first place.

Possible Penalties for Petty Theft

Petty theft is generally charged as a misdemeanor provided that the value of the item(s) alleged to have been taken is valued at less than $950.00. However, if the person accused of petty theft has a prior theft conviction, then the prosecution can automatically charge the second case as a felony. As such, petty theft penalties can be severe, and complicated, depending on the individual circumstances. For example, some penalties for petty theft may include the following:

• up to 3 years in state prison (with prior conviction)
• up to 6 months in county jail (no prior conviction)
• probation or parole period
• expensive court fees and fines
• diversion program
• court-ordered theft counseling
• community service or CALTRANS
• full repayment of restitution (repayment of loss to alleged victim)

Alternative Sentencing for Petty Theft

A skilled and experienced theft attorney will evaluate all the possible alternative sentencing resolutions to a petty theft case including:
 
• obtaining a civil compromise—repaying restitution up front in exchange for a signed document form the alleged victim stating he/she has been repaid in full and does not wish to pursue a criminal action
• negotiating for a lesser charge such as trespass;
• negotiating for the petty theft charge to be reduced to an infraction (punishable only by a fine);
• negotiating for an informal diversion program—where in exchange for the completion of counseling, or fine payment, the charges are dismissed after a specified period of time.

All of these examples are common dispositions in petty theft cases and can mitigate the potentially devastating consequences of having a petty theft conviction on your record. If you have been charged, or investigated, for petty theft, contact a knowledgeable and skilled theft attorney at the Law Offices of Karen L. Goldstein for a free, confidential consultation: (888) 445-6313.