If you’re charged with petty theft in San Diego, one of your first questions may be: Is this automatically a misdemeanor? The answer is: usually yes, but there are important caveats. Understanding how California classifies petty theft and what can alter the charge is key to protecting your rights.
What Counts as Petty Theft in California
Under California Penal Code § 490.2, theft involving money, labor, real property or personal property valued at $950 or less is defined as petty theft—unless another statute applies.
The statute states:
“Obtaining any property by theft where the value … does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor …”
This threshold was reinforced by Proposition 47 (2014), which reformed many theft charges.
In simpler terms: If the value is $950 or less, it’s generally petty theft—and treated as a misdemeanor.
What Does “Misdemeanor” Mean in This Context?
When petty theft is charged as a misdemeanor:
- The maximum jail term is usually up to six months in county jail.
- Fines can reach up to $1,000.
- The charge appears on your criminal record, which may affect employment, housing, licensing, and other civil matters.
When Petty Theft Can Be More Than a Misdemeanor
While petty theft is typically a misdemeanor, there are important exceptions:
- Prior Theft‑Related Convictions: If you have one or more prior convictions for certain theft or sex/violent offenses (e.g., those requiring registration under § 290), the statute allows the prosecutor to charge the offense as a felony instead of a misdemeanor.
- Aggregation or Multiple Thefts: If multiple small thefts within a short time frame can be aggregated or interpreted as a single scheme, the value threshold may be exceeded and elevate the charge.
- Firearms or Special Property: Even if the value is $950 or less, theft of firearms is excluded from § 490.2 and automatically qualifies for grand theft classification.
Therefore, the label misdemeanor is correct in most first‑time petty theft cases—but it is not guaranteed.
What Happens in San Diego If Charged With Petty Theft
In San Diego County:
- You will most likely be charged under PC 490.2 (or PC 484/488 referencing the same threshold) if the property value is within the limit.
- Early legal consultation is critical to explore plea deals, diversion programs, or possible case reduction.
- If convicted and you meet all criteria, you may be eligible to have the record expunged (PC 1203.4) which helps with job applications and background checks.
Why It Matters for You
Understanding that petty theft is generally a misdemeanor helps you:
- Know the potential punishment you’re facing
- Recognize the risks if you have prior convictions
- Make informed decisions about hiring a defense attorney
- Understand the record implications and steps toward expungement
Final Thoughts
Yes—petty theft in San Diego is usually a misdemeanor under California law, but the reality depends on your past record, the item or property taken, and the circumstances of the case. If you’re facing a petty theft charge in San Diego, Escondido, Carlsbad or elsewhere in North County, speak with an experienced criminal defense lawyer, such as Skaja, Daniels, & Luu, who can examine your case and guide you through your options.