San Francisco Petty Theft Crimes
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What Is Petty Theft?
Petty theft is a property crime that involves the unlawful taking of property belonging to another or fraudulently depriving another of their property. These crimes are characterized by the low value of the stolen item. Once the value of the stolen goods exceeds the statutorily prescribed maximum, the offense transforms into a more serious or aggravated version with different penalties.
The property value for petty theft varies with each state depending on the criminal law provisions there. Regardless, the offense is generally considered a misdemeanor, although it could be charged as a felony if the suspect has a previous criminal record.
Despite how unserious the offense might sound, a petty theft charge is not to be taken lightly. If you’re facing such charges, you’ll need to do all you can to defend yourself and avoid a criminal conviction. A petty theft conviction adds to your criminal record, and it could make life uncomfortable for you by depriving you of certain opportunities even after you’ve served your sentence.
Many people, including prospective employers, do not want to associate with a convict, especially for theft crimes that might show you as dishonorable. So, if you have been arrested for petty theft, regardless of whether or not you are guilty, consider hiring a skilled attorney from a reputable law firm.
The information provided here offers some clarity if you’re facing petty theft charges in San Francisco to help you understand what you’re up against. Read on to learn more about the offense and how a criminal defense attorney in the San Francisco Bay Area can help your case.
Petty Theft in San Francisco
Petty theft in San Francisco is governed by the California Penal Code. According to the Code, theft offenses involve:
- Unlawfully stealing, taking, carrying, or driving away the personal property of another
- Fraudulent appropriation of another’s property, which was entrusted to the suspect
- Knowingly defrauding any person of their money or labor
- Obtaining credit by engineering others to give false information about their wealth or financial status.
It is important to note that the above elements apply to all theft offenses. Petty theft only reflects the degree of the relevant property crimes based on the value of the stolen property.
The Code further distinguishes petty theft from grand theft, a higher degree of theft with more severe penalties. Grand theft is committed when the value of the stolen property exceeds $950. Subject to a few exceptions, all other theft cases where the property’s value is less than $950 are categorized as petty thefts.
To determine whether a petty theft has occurred, the Code requires the district attorney’s office or the arresting police officers to calculate the value of the stolen property using the fair market value of similar items. The thefts are then charged according to their value in relation to the $950 benchmark.
Penalties for San Francisco Petty Theft
The penalty for petty theft in San Francisco is a maximum of six months of county jail time and/or a fine not exceeding $1,000. Although the punishments are not as harsh as those for violent crimes or those for property valued at higher levels, they still have negative consequences on a long-term basis.
Having a criminal record in police data can make it impossible to get into schools, get a job, or even get an apartment. With the rise of background checks, many employers reject applicants with criminal records. The only way to avoid this is by staying out of trouble and not committing crimes in the first place.
If you are facing such charges, it is important to seek professional help from a criminal defense attorney to help establish a suitable defense for you.
How Long Does a Petty Theft Charge Stay on Your Record in California?
A petty theft arrest or conviction shows up on San Francisco Police Department data, your criminal record, and any background checks conducted by third parties even after you’ve completed your sentence or probation.
However, the court can remove the charge from your record if you have completed probation and paid all of the fines associated with the crime. This process is known as expungement. However, it often requires legal intervention and advocacy before it is granted. It could also take up to one year after your conviction before you become eligible for expungement in California.
If you’ve already been convicted of a petty theft offense and you’ve fulfilled all the requirements of your sentence, you can contact a skilled criminal defense attorney to determine your eligibility for the process and obtain legal advice depending on your unique circumstances.
How Can an Attorney Help Someone With a Petty Theft Charge?
If you’re facing petty theft charges in San Francisco, your case would likely fare better if you involve a skilled criminal defense attorney from the get-go or as soon as possible.
Your attorney can represent you at each stage of the arrest and trial and ensure your rights and interests are protected at all times.
With their knowledge of California criminal law and criminal defense experience, they can help you determine a suitable defense strategy that would lead to the desired outcome. Such a strategy could involve the following:
- Invalidating the prosecution’s evidence during cross-examination.
- Convincing members of the jury of your innocence.
- Negotiating a plea agreement.
The goal is to get your charges dropped, dismissed, or reduced so that you can be free from the harsh penalties of the criminal justice system as much as possible. So, if you intend to avoid a petty retail theft conviction, consider calling an attorney as soon as possible.
If you have further questions about defending a petty theft, embezzlement, or larceny charge in San Francisco, you can contact us at the Law Office of Rebecca Feigelson to schedule a free consultation.
Our Oakland embezzlement lawyer can provide the information and advice you need to make sound decisions and represent you throughout your case. We look forward to helping you as you fight your charges.
