Petty theft may involve property wort with little value, but a prior criminal conviction can make a new theft charge more serious. Under California Penal Code § 666.1(a), certain repeat theft offenders may face felony punishment for a subsequent petty theft offense. Understanding the law, penalties, and defenses is important when facing these allegations.
If you have been charged with petty theft, continue reading this article and retain an experienced California criminal defense attorney who can prepare a strong defense.
Understanding Petty Theft in California
Under California law, petty theft involves taking money or property worth $950 or less with the intent to permanently deprive the owner of it. Prosecutors must prove the unlawful taking and required intent beyond a reasonable doubt. Ordinarily, petty theft is charged as a misdemeanor, punishable by up to six months in county jail and a fine of up to $1,000.
What Is Petty Theft with a Prior Under Penal Code 666.1(a)?
California Penal Code § 666.1(a) allows harsher punishment for repeat theft offenders. Under this law, a person who has two or more qualifying prior theft-related convictions and is later convicted of petty theft or shoplifting may face felony charges, The new theft will be charged as a felony even if the new incident involves property worth $950 or less.
Qualifying prior convictions can include certain offenses such as petty theft, grand theft, burglary, robbery, and vehicle theft, along with other crimes specifically listed in the statute. The critical point is that a person’s past criminal history can adding sentencing enhancements for new theft crimes. The new theft does not have to involve a large amount of money for felony sentencing to be possible.
Having a prior theft conviction does not automatically make every new petty theft a felony, however. The number and type of prior convictions must meet the law’s requirements.
When Is Petty Theft Charged as a Felony?
Under PC § 666.1(a), a qualifying defendant may face a felony charge for a new petty theft or shoplifting offense if they have prior convictions. The Prosecution, however, must first establish that the priors qualify under the requirements of the statute. If the defendant disputes the prior crimes, the prosecution must prove them beyond a reasonable doubt.
While the Prosecution must establish that the priors exist, this does not require retrying the old theft cases, as that would be double jeopardy. Prosecutors instead use court records and other admissible evidence to establish the convictions and show they belong to the defendant. A defense attorney can challenge inaccurate records, mistaken identity, or argue that the priors don’t meet the statutory requirements.
A person convicted of Petty Theft with a Prior, with two or more qualifying prior theft-related convictions can face up to one year in jail or a felony prison sentence of 16 months, two years, or three years. Any subsequent conviction under this law can carry additional sentencing consequences.
Defenses to Petty Theft with a Prior
Anyone charged with Petty Theft with a Prior should be advised by experienced legal counsel to develop a defense plan. Potential defenses could include:
- Challenging the intent element: A genuine belief that the property belonged to the defendant, a mistake, or lack of intent to steal may undermine the current charge.
- Contest the prior convictions: Counsel can review court records, challenge mistaken identity, and dispute whether the priors qualify under the statute.
- Challenging the evidence: Surveillance footage, receipts, and witness testimony may expose mistaken accusations or gaps in the prosecution’s case.
- Seek a reduced charge or alternative resolution: Depending on the facts and eligibility, counsel may negotiate a plea down to a misdemeanor.
Protect Your Rights After a Theft Arrest with The Law Office of Nic Cocis
A repeat theft charge in Riverside County can have serious consequences, even when the property involved has little value. Under California law, petty theft with qualifying prior convictions may be charged as a felony, potentially resulting in a prison sentence. An experienced California criminal defense attorney from The Law Office of Nic Cocis can review the evidence, challenge prior-conviction allegations, and explore defense strategies for your case. Located near the Southwest Justice Center in Murrieta, we have successfully defended California theft allegations since 1999.
If you or a loved one is facing a Petty Theft with a Prior charge in Riverside County, contact us to schedule a consultation to discuss your defense options.
