CALIFORNIA CRIMINAL LAWYERS

Los Angeles Petty Theft with a Prior

Petty Theft with a Prior: Understanding the Law and Potential Defenses

Petty theft may not be a serious crime in Los Angeles, but California has a law that leads to severe charges and stiff penalties for those with a specific type of criminal record. The Petty Theft with a Prior Law applies to defendants who have prior convictions on their record and have served time in jail or prison for those convictions. Prior charges that didn’t lead to convictions are not enough to apply this law. Employing an experienced criminal defense lawyer can reduce your charges by asserting any possible defenses.

California Penal Code 666 defines Petty Theft with a Prior as a felony offense for a person with specific qualifying convictions on their criminal record for which they have served time. Petty theft is defined in California Penal Codes 484 and 488 as the theft of property holding a value of $950 or less, except for cars, horses, firearms, fruit and nuts valued over $250, or fish and shellfish exceeding a value of $250 from a commercial operation. As a misdemeanor offense, the potential penalty is up to 6 months in the county jail and a fine of up to $1,000.

Petty theft with a prior in California is a wobbler offense, and the prosecutor has sole discretion to decide whether to charge it as a misdemeanor or a felony. If convicted of a felony petty theft with a prior offense, the defendant may serve up to three years in state prison.

Qualifying convictions for petty theft with a prior include three or more of the following convictions along with serving time for them:
* Burglary
* Petty theft
* Carjacking
* Robbery
* Auto theft
* Grand theft
* Receiving stolen property

Any of the following convictions along with a single conviction from the prior list can also lead to a charge of petty offense with a prior:
* Any serious felony like murder, rape, mayhem, or voluntary manslaughter
* Forced oral copulation, sodomy under the threat of bodily injury, duress, or coercion
* Lewd or lascivious acts involving a child under the age of 14
* Attempted murder
* Felonies that cause great bodily harm to the victim
* Any felony punishable by life imprisonment
* Burglaries of the first degree, kidnapping, arson, or certain felony assaults

Consulting a criminal defense attorney may lead to the identification of available defenses depending on the facts of the case, including:

1. Lack of required intent in stealing an item
2. A sincere belief that the property was theirs
3. No qualifying prior convictions on their record
4. False accusations against the defendant

During a consultation, the criminal defense attorney will review the facts of the case, determine possible defenses to raise, and negotiate with the prosecutor for a plea bargain. In some cases, an experienced criminal defense attorney can get the charges dismissed depending on the facts of the case. Call for a consultation today to learn more about how we can help protect your rights.

Table: Qualifying convictions for petty theft with a prior

| Burglary | Petty theft |
| Carjacking | Robbery |
| Auto theft | Grand theft |
| Receiving stolen property | Any serious felony |
| Forced oral copulation or sodomy under the threat of serious bodily injury, duress, or coercion | Lewd or lascivious acts involving a child under the age of 14 |
| Attempted murder | Felonies that caused great bodily harm to the victim |
| Any felony punishable by life imprisonment | Burglaries of the first degree, kidnapping, arson, or certain felony assaults |