If you were recently arrested for petty theft in California, you’re likely scared and unsure of what to do next. What do these charges mean? Could you be facing jail time? A hefty fine? A criminal record? With Los Angeles County District Attorney Hochman leading a crackdown on retail theft—and California’s Proposition 36 introducing harsher penalties for repeat offenders—it’s never been more important to hire an experienced criminal defense attorney who can explain the potential penalties and safeguard your rights.
In this guide, we offer a helpful overview explaining what petty theft charges involve, how recent legal changes like Proposition 36 are impacting theft cases, and how it could affect your case if facing petty theft charges in California.
What is Petty Theft in California?
Petty theft — also sometimes called retail theft — refers to property or assets valued at less than $950. While many petty theft instances occur at a retail store, you can be charged with petty theft anytime you remove property you didn’t have a claim to. In order to be charged with petty theft, the prosecution must be able to prove that you did one of the following:
- Took items without paying for them
- Concealed merchandise and left the store without paying for them
- Changed the price tag of an item to pay less for it
- Did not have permission from the property owner to remove the items
The prosecution must also prove that you had intent to deprive the item from the property owner without plans to return it. This is the key element in pursuing a petty theft charge against someone in Los Angeles, California and throughout the state.
How Prop 36 and the Retail Theft Crackdown Are Changing Petty Theft Penalties in California
You might believe that stealing something smaller, like everyday goods, wouldn’t carry the same consequences as taking high-value items such as a television, appliance, designer handbag, or brand-name laptop. However, California’s Proposition 36, passed by voters in 2024 and known as the Homelessness, Drug Addiction, and Theft Reduction Act, has introduced harsher penalties for repeat petty theft offenders. Combined with Los Angeles DA Hochman’s aggressive retail theft crackdown, this has significantly increased the risks for those facing theft charges.
Under California law, petty theft—stealing goods valued at $950 or less—has historically been classified as a misdemeanor, carrying potential penalties of up to a $1,000 fine and up to 6 months in a county jail. However, Proposition 36 now allows prosecutors to file felony charges against individuals who have two or more prior theft-related convictions, regardless of the value of the stolen property. This means that even a third offense involving a low-value item can result in a felony charge and up to 3 years in state prison.
Additionally, Prop 36 enables prosecutors to aggregate the value of stolen goods from multiple thefts to meet felony thresholds and imposes harsher penalties for organized retail theft incidents, such as smash-and-grab robberies.
In Los Angeles County, DA Hochman’s office has been leveraging these new provisions under Prop 36 to aggressively prosecute repeat theft offenders as part of an effort to combat rising retail theft rates. This enforcement strategy means that even minor theft cases can escalate quickly into serious charges.
Similar Post: How Long Do Misdemeanors Stay On Your Record?
How a Skilled Criminal Defense Attorney Can Help You Defend Against Petty Theft Charges in Los Angeles and Beyond
Facing any sort of criminal charge is frightening, but finding out you could now be facing felony charges adds a new layer of fear and anxiety. However, don’t lose hope just yet. By hiring an experienced criminal defense attorney, you give yourself the best chance at defending against these charges.
Depending on your case, your defense attorney may be able to reduce the penalties against you or have them dismissed altogether. Common defenses against petty theft charges may include:
- Showing there was no intent to steal — for instance, you may have been distracted and accidentally left the store with an item.
- Demonstrating that you had the owner’s permission to take the property.
- Explaining that you only intended to borrow the item and planned to return it.
- Establishing that the accusation was false or mistaken.
We will also look into judicial diversion as an option. Judicial diversion is a motion we can file in court that gives us a direct pathway to fully dismiss the charges against you. This is a great option for first time offenders who are looking to avoid conviction and subsequent criminal record.
Our experienced attorneys will investigate the details of your case, including any prior offenses committed, to determine the best defense strategy and see if you’re eligible for judicial diversion. Certain eligibility requirements for judicial diversion include undergoing treatment and education.
Why Choose the The Law Offices of Christopher Chaney When Facing Petty Theft Charges?
Getting arrested for petty theft and not knowing whether you’ll be charged with a felony or misdemeanor puts your future up in the air. Knowing your livelihood, relationships, and freedom are at stake, you need a trusted attorney now more than ever.
Rest assured, we will examine all the facts of your case to develop an aggressive defense strategy to help safeguard your future and protect your rights.
If you are facing petty theft charges in California, you don’t have to face them alone. The Law Offices of Christopher Chaney is your go-to resource when facing petty theft charges in California. We will develop an aggressive defense strategy tailored to the facts of your case.
Don’t let one bad choice define your future. Contact us today at 818-330-5198 to schedule a free consultation with one of our skilled and experienced criminal defense attorneys. We represent clients charged with petty theft in Los Angeles, Hollywood, Lancaster, Encino, and throughout Los Angeles County.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
