Petty theft is a misdemeanor offense alleged when the property stolen is valued at less than $950. Petty theft crimes are often charged under Sections 484(a) & 488 of the California Penal Code. If the property stolen is valued at $950 or more, then the crime can be charged as Grand Theft, which can be punished as either a felony or a misdemeanor.

The most common type of petty theft crime charged in San Francisco, CA, is retail theft from a merchant or retail store, which is often called “shoplifting.” Under California law, shoplifting involving a theft from a merchant or retail establishment by a customer is usually charged under Penal Code Section 459.5.

The District Attorney’s Office in San Francisco can offer a diversion program in a shoplifting or petty theft case for a person with no prior criminal record so that a conviction can be avoided. If you are convicted of petty theft, the crime is punishable by imprisonment in the county jail for up to six months, plus a fine of up to $1,000, and additional fees and restitution under California Penal Code Section 490.

For a first offense of taking property valued at less than $50, the prosecutor has the discretion to reduce the charge to an infraction. The infraction comes with no jail time, but fines of up to $250, and a requirement that you complete community service and an anti-theft class. You might also be required to pay restitution or a civil penalty to the retail or commercial establishment.

A conviction for petty theft is also considered a crime of moral turpitude or a crime of dishonesty, which comes with collateral consequences that last long after the case is resolved in court. A charge of petit theft with a prior can be charged as felony petty theft which comes with more serious consequences.