blog home Theft Crimes Think Petty Theft Does Not Matter? In 2025, You Could Still End Up With a Felony on Your Record

Think Petty Theft Does Not Matter? In 2025, You Could Still End Up With a Felony on Your Record

By San Diego Attorney on May 11, 2025

People arrested for petty theft in San Diego might think it is no big deal. They may assume the charge will disappear or that they will only get a slap on the wrist. In 2025, that is a dangerous assumption.

California’s criminal justice system may appear lenient on low-level theft, especially since the enactment of Proposition 47. But if you have prior convictions or are accused of stealing with certain aggravating factors, you could face a felony charge and a permanent criminal record.

Petty Theft Still Matters in 2025

Petty theft typically refers to the unlawful taking of property valued at $950 or less, in accordance with the California theft threshold set by Proposition 47. While this sounds minor, the consequences are anything but.

Petty theft is generally charged as a misdemeanor, carrying:

• Up to 6 months in county jail
• A fine up to $1,000
• Restitution to the alleged victim
• Criminal record that appears on background checks

A conviction can impact employment, housing, and educational opportunities. Employers routinely disqualify applicants with theft convictions, regardless of the amount involved.

You Need a Lawyer After a Shoplifting Arrest

Many people arrested for a retail theft charge in CA think they do not need an attorney, especially for a first offense. But that is a dangerous myth.

Prosecutors often charge multiple crimes from a single incident, such as burglary, conspiracy, or even robbery, if there was physical resistance during the alleged offense. If you are caught with stolen merchandise in a store, the DA may claim intent to steal from the moment you walked in. That can elevate your charge from petty theft to commercial burglary under Penal Code Section 459 PC.

Without legal representation, you may:

• Plead guilty to a harsher charge than necessary
• Miss opportunities for diversion or dismissal
• End up with a petty theft felony in San Diego if you have a prior theft-related offense

Prior Convictions Can Turn Petty Theft Into a Felony

Under California Penal Code Section 666 PC, commonly known as petty theft with a prior, a misdemeanor petty theft can be charged as a felony if you:

• Have a prior theft-related conviction (e.g., burglary, robbery, grand theft, or petty theft)
• Served time for that offense
• Have prior convictions for serious felonies such as sex offenses, violent crimes, or elder abuse

If you have the wrong background, a simple case of shoplifting from a retail store can carry up to 3 years in state prison. This is known as a prior conviction felony enhancement.

Petty Theft and Organized Retail Crime

California has recently enacted stronger penalties for organized retail theft, and prosecutors are now more aggressive about pursuing these cases. If two or more people are believed to be working together to steal, even small amounts, your case may fall under Penal Code Section 490.4 PC.

You do not have to be part of a formal criminal organization to face this charge. Two friends accused of stealing from a store together could trigger an organized retail theft enhancement, even if it is their first offense.

This makes it more important than ever to speak to a defense attorney before your arraignment, when prosecutors begin deciding how to charge your case.

What Happens After an Arrest?

The process moves quickly:

1. Arrest or Citation: You may be taken into custody or issued a citation with a court date.
2. Arraignment: This is your first court appearance where the formal charges are read, and you are asked to enter a plea.
3. Pretrial Hearings: Your lawyer can file motions, review evidence, and negotiate with the prosecutor.
4. Trial or Plea Agreement: The case is resolved through trial or a negotiated plea deal.

Many defendants make the mistake of waiting until after their arraignment to seek legal help. By that point, the prosecutor may have already filed charges in a way that makes them harder to fight. If you contact a lawyer before your arraignment, you may be able to:

• Convince the DA to file lesser charges
• Enter a diversion program that avoids a conviction
• Provide mitigating information that reduces your risk of jail time

How jD Law Criminal Defense Attorneys Can Help

Each theft case is different, but the legal defenses we use include:

Lack of Intent to Steal

The prosecution must prove that you intended to permanently deprive the owner of the property. If it was an accident, mistake, or misunderstanding, your San Diego theft lawyer can challenge the charge.

Consent

If the property owner gave you permission, whether explicit or implied, to take or borrow the item, the charge may not hold up in court.

Mistaken Identity

We investigate surveillance footage, witness statements, and store security procedures to determine whether you were wrongly accused.

Illegal Search or Seizure

If store security or police violated your rights during the investigation, such as conducting a search without probable cause, evidence may be suppressed.

Diversion Programs

For first-time offenders, California offers programs that can result in dismissal of the charge if all conditions are met. These programs are not automatic. You need a San Diego petty theft attorney to negotiate your participation.

Finding the Right Attorney

The earlier you contact a San Diego criminal defense attorney, the more control you have over your case. Once a felony charge is filed, it becomes harder to walk back, even if the facts do not support it.

At jD Law Criminal Defense Attorneys, we take swift, strategic action to protect your freedom and future from the moment you call. We serve San Diego and surrounding areas, and our firm has Spanish-speaking attorney and staff available.

Attorney James N. Dicks is a Certified Criminal Law Specialist, a rare distinction held by fewer than 1% of California attorneys. As a former LAPD investigator, he brings insider knowledge of police procedures and prosecutorial tactics to every case.

Speak With an Experienced Petty Theft Defense Lawyer in San Diego

A low-dollar shoplifting charge can snowball into a felony conviction with lifelong consequences, especially if you have a prior record. Your future is worth defending.

Call jD Law Criminal Defense Attorneys today at (760) 630-2000 to schedule a free consultation.