What’s The Difference Between Petty Theft And Shoplifting?

Petty theft is the crime of theft on a small scale. A theft
crime is considered to be petty theft if the amount of goods or services taken
is $950.00 or less.  Petty theft is found
in section 484 of the California Penal Code. Theft of an amount greater than
$950.00 is called Grand
theft and is a “wobbler”, meaning it can be charged as either a
misdemeanor or a felony. “shoplifting”
is a slang term which refers to petty theft. Shoplifting is a subdivision of
petty theft and the term “petty theft” is typically used in the context of a
petty theft from a retail outlet. Thus, as any Orange County criminal defense lawyer
will tell you, shoplifting is usually charges as petty theft. However, if the
cost of the goods or services taken exceeds $950.00, then the shoplifting will
be charged as grand theft.

If a defendant commits shoplifting and is charged with petty
theft, the defendant’s Orange
County criminal defense attorney may be able to get the misdemeanor charge
of petty theft reduced to an infraction if the cost of the goods or services
taken was less than $50.00 and the defendant has no prior theft convictions on
their record. The reduction in charge from a misdemeanor to an infraction is
discretionary with the District Attorney. Getting the DA to reduce a petty
theft to an infraction will often depend on the skill and persuasiveness of the
defendant’s theft lawyer. For example,
if there is a possible defense to the charge of petty theft, then a skilled
criminal defense lawyer can often use this as leverage to get the charged
reduced. A prosecutor does not want to take a case to trial if they could lose
it.

Probably the most common defense in a petty theft case is
that of intent. In order to convict a person of petty theft the DA must prove
that the defendant intended to permanently deprive the owner of the property.
So, for example, if the defendant’s theft
attorney can show that the defendant intended to pay for the item but
absent mindedly left the store before doing so, the defendant is NOT guilty of
petty theft because they did not harbor the requisite intent. On the other
hand, if the prosecutor can prove that the defendant intended to take the item
even before the defendant entered the store, then the defendant can be charged with
the much more serious offense of burglary.

For example, if the defendant is caught with a modified
shopping bag with special hidden compartments as well as wire cutters for
removing security tags, these special implements may be sufficient to prove
that the defendant entered the store with the intent to commit the theft crime.
In this case the District Attorney would likely charge the defendant with
burglary. The defendant’s criminal defense lawyer would then have to present an
innocent explanation of why the defendant possessed these items.

A conviction of petty theft carries a possible penalty of up
to six months in the Orange County jail and a fine of up to $1,000.00, as well
as restitution to the victim. If the defendant’s criminal defense attorney can get
the charge reduced to an infraction there is no possible jail time.

If you have been accused of a theft crime in Orange County
call The Law Offices of EJ Stopyro today at (949) 559-5500 for a free and
confidential telephonic consultation with an experienced criminal defense attorney. We’ll explain your
options and possible defenses and tell you what will happen in court. You can
also visit our website at www.ejesquire.com.
We have office locations at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627
and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA
92675.