California Penal Code § 666 PC, commonly known as petty theft with a prior, is a statute that increases the penalties for individuals who have previously been convicted of theft-related crimes and are caught committing petty theft again. While petty theft is usually a misdemeanor, the law allows for harsher penalties if the person has a prior theft conviction. If you or someone you know is facing charges under Penal Code § 666 PC, it’s important to understand how this law works, its penalties, and the best defense options available.
This article provides a clear, comprehensive guide to petty theft with a prior under California law. We’ll explain what the offense involves, the potential penalties, and how to defend against these charges.
What Is Petty Theft in California?
To fully understand petty theft with a prior, we first need to clarify what petty theft is under California law. Petty theft occurs when someone unlawfully takes property valued at $950 or less without the owner’s consent, intending to permanently deprive the owner of that property.
This includes acts like:
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Shoplifting — taking merchandise from a store without paying
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Stealing items such as bicycles or electronics
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Taking someone’s purse or wallet without permission
In California, petty theft is typically a misdemeanor, meaning the penalties for a first-time offense are usually less severe. However, if a person has a prior conviction for a theft-related offense, Penal Code § 666 can increase the penalties.
What Is Petty Theft With a Prior?
California Penal Code § 666 PC specifically applies to individuals who have been previously convicted of certain theft-related crimes and are subsequently arrested for committing petty theft again.
If someone has been convicted of a prior theft-related crime—such as petty theft, grand theft, burglary, or robbery—they can be charged with felony petty theft under Penal Code § 666. This statute aims to impose harsher penalties on repeat offenders to deter ongoing theft-related crimes.
Key Elements of Petty Theft With a Prior
For the prosecution to charge someone with petty theft with a prior under Penal Code § 666, they must prove two key elements:
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Prior Theft Conviction: The defendant must have been convicted of a prior theft-related crime. This could be petty theft, grand theft, burglary, robbery, or another theft-related crime. The prior conviction doesn’t need to be for petty theft specifically, but it must be related to theft.
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New Theft Offense: The defendant must have committed a new petty theft offense (theft of property valued at $950 or less) after the prior conviction. The act of stealing again, with the prior theft conviction, triggers the enhanced penalty provisions under Penal Code § 666.
Penalties for Petty Theft With a Prior
Under Penal Code § 666 PC, the penalties for petty theft with a prior are more severe than for a first-time petty theft offense. Here are the potential penalties:
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Misdemeanor Petty Theft: Typically, petty theft is a misdemeanor, and penalties may include:
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Up to 6 months in county jail
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A fine of up to $1,000
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Probation
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Felony Petty Theft With a Prior: If the defendant has a prior conviction for a theft-related crime, the charge is enhanced to a felony. The penalties for felony petty theft with a prior can include:
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16 months, 2 years, or 3 years in state prison
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A fine of up to $10,000
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Felony probation
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A permanent criminal record
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The penalties for felony petty theft with a prior are serious, and it’s crucial to understand the potential long-term impact, including the possibility of prison time and a lasting criminal record. Additionally, the enhanced penalties are meant to target repeat offenders who continue engaging in theft-related crimes.
Defenses Against Petty Theft With a Prior Charges
If you are facing charges under Penal Code § 666 PC, there are several possible defenses your attorney may use to contest the charges. Here are some common defenses:
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False Accusations: If the defendant can prove they were wrongly accused of theft, the case can be dismissed. This could involve providing evidence or witnesses that challenge the accusations.
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Lack of Intent: Theft requires the intent to permanently deprive the owner of their property. If the defendant did not have that intent—for example, if they took the property by mistake—they may not be guilty of petty theft.
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Mistake of Fact: If the defendant mistakenly believed they had a right to take the property, they could argue that they did not intend to steal it. For example, they may have taken property thinking it was theirs or that they had permission to take it.
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Ineligibility of the Prior Conviction: A criminal defense attorney can argue that the prior conviction does not qualify under Penal Code § 666. For instance, if the prior conviction was for a crime that does not meet the legal definition of a theft-related offense, the charge may be reduced or dismissed.
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Violation of Rights: If law enforcement violated the defendant’s constitutional rights during the arrest, search, or investigation (e.g., unlawful search or seizure), the evidence against the defendant may be inadmissible in court.
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Insufficient Evidence: The defense can argue that the prosecution does not have enough evidence to prove the defendant committed theft or has a qualifying prior theft conviction.
Can Petty Theft With a Prior Be Expunged?
In some cases, it is possible to expunge a conviction for petty theft with a prior, provided that the individual has met the necessary criteria. Expungement is a legal process that allows someone to have their criminal record dismissed. This may restore certain civil rights, like the right to vote or own a firearm, and can improve employment opportunities.
However, expungement does not fully erase the conviction. Some background checks—especially for government jobs or specific sensitive positions—may still reveal the conviction.
What to Do If You’re Facing Charges for Petty Theft With a Prior
If you are charged with petty theft with a prior, it is essential to seek legal counsel from an experienced criminal defense attorney. Penal Code § 666 can have serious consequences, and it’s important to understand the law, the potential penalties, and your legal options.
A skilled attorney can evaluate the evidence, investigate possible defenses, and work to reduce the charges or minimize the penalties. They can also assess whether any prior theft convictions are eligible for expungement.
Conclusion
California Penal Code § 666 PC increases the penalties for individuals who commit petty theft after having been convicted of theft-related crimes in the past. If you are facing charges for petty theft with a prior, it’s critical to understand the seriousness of the situation and the potential long-term consequences.
Don’t navigate the legal system alone. An experienced criminal defense attorney can provide you with the guidance you need to achieve the best possible outcome in your case. Southwest Legal specializes in criminal defense and can help you understand your rights, explore defense strategies, and work to protect your future.
If you or a loved one is facing petty theft with a prior charges under Penal Code § 666, it’s important to act quickly. Contact us today for a free consultation. Our team of experienced criminal defense attorneys will fight for your rights and help you navigate the complexities of your case. Call now to schedule a free consultation and take the first step toward resolving your legal matter.
