It starts with a tap on the shoulder. A quiet voice from a store’s loss prevention officer says, “Sir, can you come with me?” In that moment of public humiliation, it is easy to think this is just a mistake, a minor issue you can clear up.
The police officer who arrives may even treat it like routine paperwork. But do not be mistaken. This is not a ticket. It is the start of a criminal prosecution that is designed to permanently brand you as a thief. The charge may be called “petty,” but the consequences are anything but.
The San Diego City Attorney’s Office files thousands of these cases a year, and they are not interested in your explanation. They see a name, a charge, and an opportunity to secure another conviction. They are counting on you to underestimate the damage a misdemeanor theft conviction can do to your life.
You need to treat this charge with the seriousness it deserves. You need a San Diego petty theft lawyer who sees the long-term threat to your career, your reputation, and your future.
Elite Criminal Defense attacks a petty theft charge with the same ferocity as a major felony, because we know a criminal record has no minor consequences.
The takeaways
- This is a crime of moral turpitude. A theft conviction, even a misdemeanor, is considered a "crime involving moral turpitude." This specific classification can get you fired from your job, denied a state professional license (for nursing, real estate, etc.), and can have devastating consequences for non-citizens.
- An arrest is not a conviction. You are not guilty just because a store’s security guard accused you. Many of these cases are built on weak evidence, mistaken identity, or a simple misunderstanding. A powerful defense can expose these weaknesses and get the case thrown out.
- You may never have to go to court. For most misdemeanor theft cases, we can appear in court on your behalf. You can go to work and live your life while we go to war for you, working to protect your record without you ever having to face a judge.
Why Choose Elite Criminal Defense?
When your future and your good name are on the line, you need a law firm that gives your case the attention and aggression it demands. We do not see "petty" cases; we see critical fights for our clients' futures.
- We attack the prosecution's case. We do not walk into court looking for a quick plea deal that leaves you with a criminal record. We immediately demand the evidence, including all surveillance footage and loss prevention reports, and scrutinize it for weaknesses, inconsistencies, and grounds for a full dismissal.
- We Are a 24/7 misdemeanor crisis unit. An arrest or citation is a disorienting experience, no matter the charge. We are standing by 24 hours a day, 7 days a week, because your questions and your need for protection do not keep business hours.
- We know the San Diego city attorney's playbook. We have handled hundreds of theft cases in the San Diego Superior Court. We know the prosecutors, their charging policies, and the diversion programs that may be available. We use this knowledge to achieve outcomes that other firms cannot.
- Our record is our promise. We have an outstanding history of successfully dismissing, reducing to non-theft infractions, or resolving petty theft charges through diversion programs, resulting in no conviction. Our goal is always a result that keeps your record clean.
- Financial clarity for your defense. We handle all misdemeanor theft cases on a transparent flat fee basis. You will know the exact cost to protect your future from the very beginning. There are no hidden fees, giving you peace of mind during a stressful time.
The Hidden Penalties of a Petty Theft Conviction
The real punishment for a conviction of petty theft is not the fine or the community service. It is the permanent criminal record that follows you for the rest of your life. A "petty" charge creates major life problems.
Under California law, a conviction for petty theft results in:
- Up to six months in county jail.
- A fine of up to $1,000, plus significant court costs.
- Informal probation for up to three years, with terms you must obey.
But the true consequences are the ones the court does not tell you about:
- A permanent criminal record. The conviction will appear on virtually all public background checks for employers, landlords, and schools. Many companies have a zero-tolerance policy for theft, making it incredibly difficult to find or keep a good job.
- Loss of professional licenses. State licensing boards for careers in nursing, real estate, law, accounting, and many other fields can deny, suspend, or revoke a license based on a conviction for a crime of moral turpitude like theft.
- Negative immigration consequences. For non-U.S. citizens, a theft conviction can be grounds for deportation, denial of re-entry, or denial of naturalization. It can completely derail your path to citizenship.
- Difficulty with school admissions. Colleges and universities often ask about criminal history on applications, and a theft conviction can be a reason for denial.
Our entire objective is to prevent these outcomes. We build a defense designed to protect your record and preserve your future.
California’s Theft Laws: What You Are Facing
The legal framework for theft in California can be confusing. The charge you face depends on the value of the property and the circumstances of the alleged crime.
- Petty theft (Penal Code 484/488): This is the most common theft charge. It is the unlawful taking of property belonging to someone else that is valued at $950 or less. You can review the official text of this law on the California Legislative Information website.
- Shoplifting (Penal Code 459.5): This law specifically addresses entering an open business with the intent to steal merchandise worth $950 or less. It is legally distinct from burglary and is always a misdemeanor.
- Grand Theft (Penal Code 487): If the value of the property stolen is more than $950, the crime becomes grand theft. This is a "wobbler," meaning the prosecutor can charge it as either a misdemeanor or a felony.
Building Your Elite Defense to Defeat the Charge
An accusation from a store employee is not proof of guilt. These cases are often rushed, and the evidence is frequently weaker than the prosecution wants you to believe. We expose that weakness.
Our defense strategies include:
- You lacked criminal intent. Theft is a specific intent crime. The prosecutor must prove you intended to permanently deprive the owner of their property. If you simply forgot an item was in your cart, were distracted, or intended to pay but were stopped before you could, you are not guilty of theft. We use surveillance footage and your own testimony to prove your lack of intent.
- Mistaken identity. A busy store can be chaotic. It is entirely possible that a security guard misidentified you as the person who committed the theft. We challenge blurry video evidence and inconsistent witness descriptions.
- You had a right to the property. If you had a legitimate belief that the property was yours or that you had the owner's consent to take it, you are not guilty of theft. This can arise in disputes between former roommates, partners, or in business settings.
- False accusation. Sometimes, an accusation of theft is made for personal reasons, such as revenge or to create leverage in another dispute. We investigate the accuser to uncover their true motive and show the court that the charges are baseless.
- Challenging the evidence. We attack the prosecutor's case at every point. Did the store preserve all the video evidence, or only the parts that make you look guilty? Can they definitively prove the value of the items? We create the reasonable doubt needed to win.
A Computer Program Cannot Defend Your Reputation
Do not rely on AI chatbots for something as personal as a criminal charge. An algorithm cannot speak with a prosecutor to negotiate a dismissal, nor can it understand the nuances of your personal situation to argue for a second chance.
Defending your good name requires a human advocate who will stand up for you. For a defense built around your specific circumstances, you need the attorneys at Elite Criminal Defense.
Frequently Asked Questions in Petty Theft Cases
Q: I received a civil demand letter from a law firm for the store. Do I have to pay it?
A: A civil demand letter is not a fine from the court. It is a separate attempt by the retailer to collect money from you under a civil law. Paying it does not make the criminal case go away. You should not pay this letter or respond to it until you have spoken with us. Our focus is on defeating the criminal charge, which is the only thing that truly matters.
Q: I was not arrested, just given a ticket with a court date. Is that serious?
A: Yes. That "ticket" is a criminal citation, and the court date is your arraignment on a criminal charge. If you fail to appear, a warrant will be issued for your arrest. You must treat that citation with the same seriousness as a physical arrest.
Q: What is a "wobbler" offense?
A: A wobbler is a crime that the District Attorney can choose to charge as either a misdemeanor or a felony. Grand theft is a common wobbler. The decision often depends on the specifics of the case and your prior criminal record.
Q: I have a prior theft conviction. How does that affect my case?
A: A prior theft conviction can be used to elevate a new petty theft charge to a "petty theft with a prior," which can be charged as a felony under certain circumstances. This makes it even more important to have a strong defense to prevent a second conviction.
Q: Can a petty theft charge be dismissed through a diversion program?
A: Yes. San Diego County sometimes offers diversion programs for first-time, low-level offenders. If you are eligible, you would complete certain requirements (like a class or community service), and upon completion, the court dismisses the case. This is an excellent outcome, and we always explore this possibility for our clients.
Your Future is Too Important. The Fight Starts Now.
Do not let a single mistake or a false accusation define the rest of your life. A petty theft conviction is a permanent stain that can limit your opportunities for years to come. You need to act now to protect yourself.
The attorneys at Elite Criminal Defense are ready to fight for you. We give your case the elite attention and aggressive defense it deserves. We will be your shield, protecting your rights and your future.
Your good name depends on the action you take right now.
Call Elite Criminal Defense 24/7 at 619-642-2871 or fill out our online form for a free, urgent, and completely confidential consultation.