Los Angeles Petty Theft Lawyer

Charged with Petty Theft in Los Angeles? Fight Back with an Experienced Attorney

Facing petty theft charges in Los Angeles can be overwhelming and life-changing. Even a misdemeanor theft conviction can lead to fines, jail time, a permanent criminal record, and damage to your reputation—consequences that can affect your job prospects, housing opportunities, and future success. California law treats theft offenses seriously, and prosecutors will aggressively pursue convictions. Whether you’re facing petty theft charges for shoplifting or accused of grand theft, having an experienced Los Angeles petty theft lawyer on your side is essential to protecting your rights and securing the best possible outcome.

Under California Penal Code 484(a), petty theft is typically charged when the value of the stolen property is $950 or less. While this may seem like a minor offense, a conviction can negatively impact your record, especially if you have prior offenses. In some cases, prosecutors may even pursue felony charges if certain aggravating factors apply.

At The Law Offices of Arash Hashemi, we understand the serious nature of theft charges and the lasting impact they can have on your life. With over 20 years of experience, Attorney Hashemi has successfully defended clients in Los Angeles against misdemeanor and felony theft charges. Our firm carefully analyzes the details of your case, challenges the prosecution’s evidence, and explores all possible defenses. If you are under investigation or have been charged with petty theft in Los Angeles, don’t wait to seek legal representation. Early intervention can make all the difference. Contact us today at (310) 448-1529 for a free consultation with a trusted Los Angeles criminal defense attorney and take the first step toward safeguarding your future.

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    What Is Petty Theft in California? (Penal Code 484 & 488 PC)

    Petty theft, as defined under California Penal Code 484 and 488, occurs when someone unlawfully takes property valued at $950 or less without the owner’s consent and with the intent to permanently deprive them of it. This offense most commonly involves shoplifting but can also include other forms of theft, such as taking personal belongings, misappropriating property at a workplace, or fraudulently obtaining goods.

    Common Examples of Petty Theft

    • Shoplifting items from a store
    • Taking another person’s phone, wallet, or purse without permission
    • Switching price tags to pay less for an item
    • Borrowing property and intentionally failing to return it
    • Stealing money or goods from an employer

    Difference Between Petty Theft and Grand Theft

    The primary distinction between petty theft and grand theft lies in the value and type of stolen property.

    • Petty theft applies when the value of the stolen property is $950 or less and is usually prosecuted as a misdemeanor under Penal Code 488.
    • Grand theft, covered under Penal Code 487, applies when the stolen property is worth more than $950 or involves certain types of items such as firearms, vehicles, or agricultural products. Unlike petty theft, grand theft can be charged as either a misdemeanor or a felony, with penalties that may include state prison time depending on the circumstances.

    In some cases, multiple petty theft offenses or aggravating factors—such as prior convictions—can lead to felony charges under Penal Code 666 (Petty Theft with a Prior), increasing the severity of potential penalties. Understanding the legal distinctions between these offenses is critical when building a strong defense strategy.

    Elements of Petty Theft (What the Prosecutor Must Prove)

    To convict someone of petty theft in California, the prosecution must prove the following elements beyond a reasonable doubt:

    • Unlawful Taking: The defendant took possession of someone else’s property.
    • Lack of Consent: The property was taken without the owner’s permission.
    • Intent to Steal: The defendant intended to permanently deprive the owner of the property. If the item was taken temporarily or by mistake, this element is not met.
    • Property Value: The stolen property was worth $950 or less. If the value exceeds this amount, the charge may be elevated to grand theft under Penal Code 487.
    • No Force or Threats Used: If violence, threats, or intimidation were involved, the charge could be escalated to robbery, which carries more severe penalties.

    If the prosecution fails to prove any of these elements, the charges may be dismissed or reduced. Common defenses include lack of intent, mistaken identity, and insufficient evidence. Additionally, if law enforcement violated the defendant’s rights through an illegal search or failure to provide Miranda warnings, key evidence may be excluded, weakening the case. In many instances, a criminal defense attorney can negotiate for reduced charges, diversion programs, or dismissal.

    Penalties for Petty Theft in California

    Standard Misdemeanor Petty Theft Penalties

    • Up to 6 months in county jail
    • A fine of up to $1,000 (or $250 if the stolen item was worth less than $50)
    • Informal probation
    • Community service or theft prevention classes

    Petty Theft with a Prior – Penal Code 666

    If the defendant has prior theft-related convictions, enhanced penalties may apply under Penal Code 666 (Petty Theft with a Prior). Depending on the circumstances, this can lead to:

    • Up to 1 year in county jail (misdemeanor)
    • 16 months, 2 years, or 3 years in state prison (felony)
    • Higher fines and probation terms

    Aggravating Factors That Can Increase Penalties

    • Multiple prior theft convictions
    • Theft from an elderly or vulnerable person
    • Theft involving fraud or embezzlement
    • Being on probation or parole at the time of the offense

    Legal Defenses for Petty Theft Charges

    One of the most common defenses is lack of intent. To be convicted of petty theft, the prosecution must prove that you intended to permanently deprive the owner of their property. If you mistakenly took an item, forgot to pay, or believed you had permission, this element of the offense cannot be proven. For example, if you left a store absentmindedly holding an item, it may be argued that you did not intend to steal.

    Another defense is mistaken identity or false accusations. Theft charges often rely on eyewitness testimony or security footage, which can be unreliable. If you were wrongly identified or accused, an attorney can present alibi evidence, challenge witness credibility, or review surveillance footage to dispute the allegations.

    A strong defense can also focus on insufficient evidence. The prosecution must prove beyond a reasonable doubt that you took the property, moved it, and intended to keep it. If there is no clear video evidence, no credible witnesses, or conflicting testimony, your attorney may argue that the case lacks the proof necessary for a conviction.

    Additionally, if law enforcement violated your rights, the defense of illegal search and seizure may apply. If police detained or searched you without probable cause, any evidence obtained may be ruled inadmissible in court, potentially leading to a dismissal of charges. By challenging the prosecution’s case, our Los Angeles petty theft lawyer can work to reduce or dismiss charges, protecting your record and future.

    Contact a Los Angeles Criminal Defense Attorney to Discuss Your Case

    If you are facing petty theft charges in Los Angeles, the consequences can go beyond fines and possible jail time. A conviction under Penal Code 484 & 488 can result in a permanent criminal record, which may make it difficult to find a job, secure housing, or obtain professional licenses. Even for a first offense, having a theft-related charge on your record can carry long-term consequences.

    At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against petty theft and other theft-related charges. Attorney Hashemi personally reviews each case to examine the prosecution’s evidence, identify weaknesses, and determine the best legal strategy. Depending on the circumstances, we may be able to negotiate for a dismissal, reduction of charges, or alternative sentencing options, such as a diversion program that keeps the offense off your record.

    Most petty theft cases do not go to trial, as they are often resolved through negotiations. However, if necessary, we are prepared to aggressively defend you in court. Early legal intervention is key to minimizing the impact of a theft charge. Contact our Los Angeles petty theft lawyer today for a free consultation, and let us help you protect your rights and future.


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    Arash Hashemi, a skilled Los Angeles criminal defense attorney, providing expert legal representation for clients in California.

    Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.