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Fighting Petty Theft Charges in San Diego: Legal Defenses That Work

By San Diego Attorney on July 5, 2025

Being accused of petty theft in San Diego can be stressful and intimidating. Even a misdemeanor theft conviction can affect your future job prospects, housing opportunities, and your reputation.

However, a charge is not the same as a conviction. With a strategic defense, it may be possible to have your theft charge dropped, reduced to an infraction, or dismissed entirely.

What Is Petty Theft Under California Law?

California Penal Code § 484 and § 488 define petty theft as the unlawful taking of someone else’s property valued at $950 or less without the owner’s consent and with the intent to permanently deprive them of it.

Common examples include:

• Shoplifting from retail stores
• Stealing a bicycle
• Pocketing someone else’s phone or wallet
• Under-ringing merchandise at self-checkout

Petty theft is typically charged as a misdemeanor, but prior convictions or aggravating factors (like use of force or fraud) could elevate the charge.

Shoplifting vs. Petty Theft

Shoplifting, as defined under Penal Code § 459.5, is a specific form of petty theft involving entry into a commercial establishment during business hours with the intent to steal items worth $950 or less. It is often charged alongside or instead of general petty theft.

Both charges require proof of criminal intent theft—that the accused intended to steal when taking the item.

Penalties for Petty Theft in California

A misdemeanor conviction for petty theft can result in:

• Up to 6 months in county jail
• A fine of up to $1,000
• Community service
• Probation
• Mandatory theft education programs

For first-time offenders, especially in minor shoplifting cases, it may be possible to avoid jail time with the right legal strategy.

Can Petty Theft Charges Be Dropped?

Yes. But having a theft charge dropped or reduced often depends on the circumstances of the case and how quickly a seasoned defense attorney intervenes. In many cases, proactive legal defense strategies can expose weaknesses in the prosecution’s case and provide leverage for favorable outcomes.

Effective Legal Defense Strategies

Lack of Criminal Intent

Intent is a crucial element of a theft charge. If the prosecution cannot prove that you intended to steal the item, then the charge may not hold up in court. For example:

• You accidentally walked out of a store with unpaid merchandise
• You mistakenly believed the item belonged to you
• You were unaware that someone else had placed the item in your possession

This is a common and effective petty theft defense for clients who acted without dishonest intent.

False Accusation or Mistaken Identity

Retail theft cases often involve hasty accusations based on surveillance footage or staff assumptions. Eyewitnesses can be mistaken, and poor-quality video can misidentify suspects. If you were wrongly accused or misidentified, your defense attorney can present alibi evidence or challenge the reliability of the store’s evidence.

Ownership or Right to Possession

If you took an item that you owned or reasonably believed you had a right to possess, it is not considered theft. This defense is particularly effective in disputes over shared property or when someone reclaims an item loaned out to a friend or relative.

Consent From the Owner

If the owner of the property gave you permission to take it, or if there is a misunderstanding about that permission, you may not be guilty of theft. This defense can be especially relevant in cases involving roommates, partners, or informal business transactions.

Civil Compromise

In some cases, resolving the issue outside of court—such as repaying the store or individual for the value of the item—can lead to the case being dismissed, especially for first-time offenders. This is known as a civil compromise and requires the victim’s consent and the court’s approval.

An experienced misdemeanor theft attorney can negotiate these resolutions discreetly and effectively.

Diversion Programs

San Diego County offers diversion programs for certain low-level offenses. If you qualify and complete the program, such as a theft education class or community service, the charges may be dismissed, and you will avoid a criminal record.

This option is ideal for clients seeking to have their petty theft charge dropped without a prolonged legal battle.

Why You Need a Skilled Theft Defense Attorney

Trying to navigate the criminal justice system on your own can result in harsher outcomes, even if you are innocent or the offense was minor. A skilled San Diego petty theft defense lawyer understands local court procedures, prosecutors’ strategies, and the types of defenses that work best in your situation.

Attorney James N. Dicks of jD Law Criminal Defense Attorneys has over 30 years of experience handling theft charges in San Diego. As a former LAPD investigator and Certified Criminal Law Specialist, he uses his deep understanding of the law to challenge weak evidence, cross-examine witnesses, and pursue dismissals or reductions whenever possible.

Reducing Charges to an Infraction

If dismissal is not possible, a reduction of the misdemeanor to an infraction is another favorable outcome. An infraction does not result in a criminal record and typically carries only a fine, similar to a traffic ticket.

To secure this reduction, your attorney may negotiate with prosecutors by presenting mitigating factors, such as:

• No prior criminal record
• Low-value theft
• Willingness to pay restitution
• Completion of community service or a theft education course

This strategic approach can spare you the long-term consequences of a misdemeanor conviction.

How California’s Petty Theft Statute Applies

Understanding the legal boundaries of the California petty theft statute can help you avoid accidental violations. Here are a few important legal points:

• Taking property valued over $950 is grand theft, which carries much harsher penalties.
• Repeat offenders (with prior theft-related convictions) can face increased charges under California’s “wobbler” laws, meaning the offense may be charged as a felony.
• Shoplifting during natural disasters or emergencies can trigger enhanced penalties.

Your defense lawyer will evaluate the circumstances of your case under these laws and advocate for the most favorable interpretation possible.

What to Do If You Are Charged

1. Do not speak to the police without a lawyer present. Anything you say can be used against you.
2. Do not attempt to return the item as a way to “undo” the crime. This could be interpreted as an admission of guilt.
3. Contact a San Diego criminal defense attorney immediately. The earlier you involve an attorney, the more options you may have for defense or resolution.

Speak With an Experienced Criminal Defense Attorney in San Diego

If you or a loved one has been charged with petty theft or shoplifting, do not wait. Contact a San Diego theft defense attorney at jD Law Criminal Defense Attorneys right away. The sooner we start building your strategy, the better your chances of reducing or eliminating the charges you face. Call (760) 630-2000 for a free consultation today.