California Penal Code Section 484(a) defines petty theft as the unlawful taking of property valued at $950 or less. Traditionally classified as a misdemeanor, petty theft has been subject to significant legislative changes that have reshaped both penalties and opportunities for alternative resolutions through the court system.
Under current law, petty theft generally carries penalties of up to six months in county jail and/or a fine of up to $1,000. However, recent legislative developments have introduced both enhanced penalties for repeat offenders and expanded opportunities for rehabilitation through diversion programs.
Recent Legislative Changes and Enhanced Penalties Proposition 36 (2024)The most significant recent change to California’s petty theft laws came with the passage of Proposition 36 in November 2024. This ballot measure fundamentally altered the landscape for repeat offenders by introducing felony enhancements for individuals with prior theft-related convictions.
Under Proposition 36, petty theft can now be prosecuted as a felony carrying up to three years of incarceration if the defendant has two prior theft-related offenses. This represents a dramatic shift from the previous misdemeanor-only approach and signals California’s renewed focus on addressing repeat retail theft.
Assembly Bill 2943 (2025)Effective January 1, 2025, Assembly Bill 2943 doubled the permissible probation period for shoplifting and petty theft convictions from one year to two years. This extension provides courts with greater flexibility in structuring supervision and rehabilitation programs while maintaining longer oversight of offenders.
Enhanced Aggregation PowersNew legislation allows prosecutors to aggregate the value of stolen goods across multiple theft events to exceed the $950 felony threshold, including events that occurred across county lines. This change addresses a previous loophole that allowed serial thieves to avoid felony charges by keeping individual thefts below the monetary threshold.
Positive Outcomes Through Court Alternatives Pretrial Diversion ProgramsCalifornia offers several pretrial diversion programs that can provide positive outcomes for petty theft defendants, particularly first-time offenders. These programs allow defendants to avoid conviction entirely by completing court-approved treatment, education, or community service requirements.
AB 3234 Misdemeanor Diversion ProgramAssembly Bill 3234 created a comprehensive misdemeanor diversion program that gives judges the authority to grant diversion to defendants in misdemeanor cases, including petty theft. Under this program, judges can postpone cases for up to 24 months while defendants complete diversion requirements. Importantly, judges have the power to grant diversion even if the prosecuting attorney objects, providing additional protection for defendants.
Successful completion of the AB 3234 program results in case dismissal and sealing, effectively erasing the criminal matter from the defendant’s record. This outcome allows individuals to avoid the collateral consequences of a criminal conviction while addressing underlying issues that may have contributed to the offense.
Deferred Entry of Judgment (DEJ)Deferred Entry of Judgment programs provide another avenue for positive resolution of petty theft cases. Under DEJ, defendants enter a guilty or no contest plea but sentencing is deferred while they complete probation and treatment requirements. Upon successful completion, the case is dismissed and the conviction is set aside.
DEJ programs are particularly beneficial for individuals who may benefit from structured supervision and treatment but do not qualify for pretrial diversion. These programs often include counseling, community service, restitution, and theft prevention classes designed to address the root causes of criminal behavior.
Judicial Discretion and Alternative SentencingCalifornia judges have considerable discretion in crafting sentences that emphasize rehabilitation over punishment for petty theft cases. Courts may impose alternative sentences including:
These alternatives allow defendants to maintain employment, family responsibilities, and community ties while fulfilling their legal obligations.
Specialized Court ProgramsMany California counties have implemented specialized court programs designed to address the underlying causes of theft-related offenses. These problem-solving courts focus on treatment and rehabilitation rather than punishment, offering comprehensive services including:
These specialized programs demonstrate superior outcomes in reducing recidivism compared to traditional sentencing approaches.
Restitution and Victim Impact ConsiderationsCalifornia courts prioritize victim restitution in petty theft cases, ensuring that victims are made whole for their losses. Courts may order defendants to pay direct restitution to victims, participate in victim impact programs, or complete community service benefiting affected communities.
This focus on restorative justice helps repair the harm caused by theft while providing defendants with opportunities to understand the impact of their actions and make meaningful amends.
California’s approach to petty theft laws reflects a balanced strategy that combines enhanced penalties for repeat offenders with expanded opportunities for rehabilitation and alternative resolution. While recent changes have introduced tougher consequences for serial thieves, the state continues to offer numerous pathways for first-time offenders and those seeking to address underlying issues through treatment and education.
The availability of pretrial diversion programs, deferred entry of judgment, and specialized court programs demonstrates California’s commitment to addressing the root causes of criminal behavior while providing opportunities for redemption and rehabilitation. These alternatives not only benefit defendants by avoiding the collateral consequences of conviction but also serve public safety by reducing recidivism and addressing the underlying factors that contribute to theft-related offenses.
For individuals facing petty theft charges, understanding these alternatives and working with experienced counsel to identify the most appropriate program can result in outcomes that prioritize rehabilitation over punishment while meeting the needs of victims and communities. Should you or a family member be charged with these types of crimes please contact William Weinberg at area code 949-474-8008 for a free consultation.