Theft Laws in California – Penal Code 484 PC

Penal Code 484 is the main legal standard for theft in California. It covers any act of taking property that isn’t yours. If you take something that does not belong to you and intend to keep it, you could be charged under this code. The law also extends to intangible items like services or utilities when taken under deceptive means.

California law defines theft as the unlawful taking of another person’s property with the intention to deny them possession and/ or ownership. Larceny is sometimes considered synonymous with the term theft. In most cases, it implies moving someone’s goods from them or their premises. However, Penal Code 484 is more than just larceny. It may comprise fraud, embezzlement, or trickery in order to get hold of the property or money.

The law categorizes theft into two types: petty theft and grand theft. This depends on the value of the property that was stolen. Petty theft most often involves items worth $950 or less. Property worth more than $950 will qualify the charge as grand theft. Some stolen items, though, like guns or specific types of agricultural goods, will raise a charge from petty to grand theft automatically.

Shoplifting is a common charge under Penal Code 484. It involves taking merchandise from a store without paying. Theft from a person involves snatching items directly from someone’s possession, like a wallet or phone. This might escalate to robbery if you use force or fear, but if there’s no confrontation, it usually stays within theft laws.

Embezzlement happens when someone misuses property entrusted to them, like an employee who diverts company funds for personal use. Fraud involves tricking someone into giving you property, money, or services under false pretenses. Both fall under Penal Code 484 because the end result is taking something that belongs to someone else.

If you’re convicted of petty theft, you might face up to six months in county jail and fines. The exact punishment depends on your criminal history and whether there were aggravating factors. First-time offenders sometimes qualify for diversion programs that let them avoid a formal conviction if they complete specific conditions.

Grand theft is often charged as a wobbler, meaning it can be a misdemeanor or felony. If convicted of a felony, you could face up to three years in state prison.

If you have prior theft-related convictions, the prosecutor may seek harsher charges or longer sentences. Aggravating factors like stealing from vulnerable individuals or taking large sums of money can also lead to more serious punishments. Repeated offenses and large-scale theft can bring heavier sentences and possibly enhanced charges.

One defense is arguing you never intended to keep the property. Maybe you picked something up by mistake or believed it was yours.

Sometimes, people get misidentified. Security footage can be unclear, or a witness might point the finger at the wrong person.

Another defense is proving you owned the item or had the owner’s consent. If the property belonged to you, taking it should not be a crime. If the real owner gave you permission to use or take something, it is not theft.

The state must prove every element of theft, including the act of taking and your intent. If the evidence is weak or relies on questionable witnesses, your lawyer can challenge its reliability.

A conviction under Penal Code 484 gives you a criminal record. This record can affect many parts of your life, including housing, loans, and professional licenses. A single theft offense can stay with you for years unless you seek a reduction or expungement, which is not always guaranteed.

If you are not a US citizen, a theft conviction can lead to serious immigration problems. In some cases, it might trigger removal proceedings or block you from becoming a citizen later. The government may label certain theft crimes as crimes of moral turpitude, making it harder to obtain or keep lawful immigration status.

Many employers run background checks. A theft conviction could lower your chances of getting a job, especially if the position involves handling money or sensitive information. Socially, you might face judgment or mistrust from friends, colleagues, or community members.

A Los Angeles criminal defense lawyer knows how to analyze the prosecution’s evidence in a theft case. They can look for gaps or inconsistencies in witness accounts, point out problems with store surveillance footage, or question the methods used by loss prevention officers.

Sometimes, the best outcome involves negotiating with prosecutors. If you’re facing Penal Code 484 charges, your lawyer can try to reduce a felony charge to a misdemeanor or work out a deal for probation or community service in place of jail.

Theft charges can be stressful, and the legal system is intimidating if you’ve never been through it. A Los Angeles criminal defense lawyer stands by your side during every stage.