--- title: "PC 484 / 488 - Petty Theft" description: "California PC 484/488 defines petty theft under $950. Learn the elements, penalties, and when it can become a felony." url: "https://www.thehfirm.com/penal-codes/pc-484-488-petty-theft" site: "H Law Group" --- # PC 484 / 488 - Petty Theft California PC 484/488 defines petty theft under $950. Learn the elements, penalties, and when it can become a felony. Topics: Theft, Penal Code ## **California Penal Code 484 & 488: Petty Theft** Petty theft is the charge most people picture when they think of shoplifting a low-value item or walking off with something that isn't theirs. It's usually a misdemeanor, but a petty theft record combined with the right kind of prior convictions can turn a later petty theft charge into a felony. ## **What the Law Says** Penal Code 484(a) defines theft broadly. A person commits theft who: > Feloniously steals, takes, carries, leads, or drives away the personal property of another, or fraudulently appropriates property that has been entrusted to them, or knowingly and designedly obtains money, labor, or property from another by false or fraudulent representation or pretense. Penal Code 488 then draws the line for the misdemeanor version of the crime in a single sentence: > Theft in other cases is petty theft. In practice, that means any theft under PC 484 that doesn't meet one of the criteria for grand theft under Penal Code 487, such as the property exceeding a set dollar value, is petty theft. Penal Code 490 sets the punishment, and Penal Code 490.2, added by Proposition 47 in 2014, confirms that theft of property valued at $950 or less is generally treated as misdemeanor petty theft, with exceptions for defendants with certain prior convictions and for firearm theft, which is excluded from this misdemeanor treatment regardless of value. ## **Elements Prosecutors Must Prove** - The defendant took property that belonged to someone else, or obtained it through false pretense - The defendant did not have the owner's consent - The defendant intended to permanently deprive the owner of the property, or to remove it for long enough to deprive the owner of a major portion of its value or enjoyment - The defendant moved the property, even a small distance, or kept possession of it for some period of time - The value of the property did not exceed $950, or the conduct otherwise fits the petty theft category rather than grand theft ## **When Petty Theft Becomes a Felony: Penal Code 666** Penal Code 666 allows petty theft to be charged as a wobbler, rather than a straight misdemeanor, for defendants with specific qualifying prior convictions. This applies to someone convicted of a new petty theft offense who has previously served time for petty theft, grand theft, auto theft, burglary, carjacking, robbery, a felony violation of Penal Code 496, or specified elder abuse offenses under Penal Code 368(d) or (e), and who also has a prior serious or violent felony conviction, is required to register as a sex offender, or has a prior elder abuse conviction. Without one of those qualifying factors, petty theft remains a straight misdemeanor even with a prior petty theft record. ## **Penalties** - **Standard petty theft (PC 490): **a fine of up to $1,000, imprisonment in county jail for up to six months, or both - **Petty theft with qualifying priors (PC 666): **up to one year in county jail as a misdemeanor, or, if charged as a felony, imprisonment under Penal Code 1170(h), typically 16 months, two years, or three years ## **Common Defenses** - A good-faith claim of right, meaning a genuine belief that the property belonged to the defendant - Lack of intent to permanently deprive the owner of the property - Consent from the owner to take or use the property - Mistaken identity, particularly in retail theft cases built on security footage - Insufficient evidence of the property's value or of the defendant's intent at the time of the taking ## **Related Offenses** - [**Grand Theft**](/penal-codes/pc-487-grand-theft-over-950)[ - Penal Code Section 487, the felony-eligible counterpart above the $950 threshold](/penal-codes/pc-487-grand-theft-over-950) - [**Shoplifting**](/penal-codes/pc-459-459-5-burglary-shoplifting)[ - Penal Code Section 459.5](/penal-codes/pc-459-459-5-burglary-shoplifting) - [**Receiving Stolen Property**](/penal-codes/pc-496-receiving-stolen-property)[ - Penal Code Section 496](/penal-codes/pc-496-receiving-stolen-property) ## **Frequently Asked Questions** ### What's the difference between petty theft and shoplifting? Shoplifting under PC 459.5 specifically requires entering a business that's open during regular hours with the intent to steal property worth $950 or less. Petty theft under PC 484/488 is broader and covers theft in general, regardless of where it happens. ### Can petty theft become a felony? Yes, under Penal Code 666, if the defendant has certain qualifying prior convictions, such as a prior serious or violent felony, a requirement to register as a sex offender, or a prior elder abuse conviction, along with a qualifying prior theft-related offense. ### What is the dollar threshold for petty theft? Theft of property valued at $950 or less is generally treated as misdemeanor petty theft under Penal Code 490.2. Firearm theft is excluded from this treatment and is charged as grand theft regardless of the firearm's value. ### Does a first-time petty theft charge always mean jail time? No. Penal Code 490 allows a fine, jail time, or both, and many first-time cases are resolved without any jail time at all. The actual outcome depends on the facts of the case and the defendant's record, and there's no guaranteed result. A charge under [Penal Code 484 or 488](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=484.&lawCode=PEN) may sound minor, but a conviction still creates a criminal record and, with the wrong prior history, can expose someone to felony penalties under PC 666. This is general information, not legal advice for any specific situation, and anyone facing a petty theft charge should speak with a criminal defense attorney about the facts of their case. ## Related California penal codes - [PC 487 - Grand theft (over $950)](https://www.thehfirm.com/penal-codes/pc-487-grand-theft-over-950) - [PC 459 / 459.5 - Burglary & Shoplifting](https://www.thehfirm.com/penal-codes/pc-459-459-5-burglary-shoplifting) - [PC 496 - Receiving Stolen Property](https://www.thehfirm.com/penal-codes/pc-496-receiving-stolen-property) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. For legal advice about your specific situation, contact H Law Group directly.