The Penal Code of California contains all the criminal statutes in the state. On more than one occasion it has been substantially amended and revised. Recently, in September of 2010, the code underwent another revision; a change that was designed to relieve the ever-increasing jail and prison populations and give those charged with minor theft crimes more chances to avoid a felony conviction.

Prior to the changes, a person charged with a petty theft could be facing a felony conviction if they were convicted of a second theft offense—even if that second offense was a petty theft that would normally only be chargeable as a misdemeanor. The prosecutor had the discretion to charge a “petty theft with a prior” under Penal Code 666 as a misdemeanor or a felony. Thus, in most cases, people with a theft related conviction that were subsequently charged with a second theft offense were facing felony charges, even if the offense was minor. Under the Three Strikes Law, a person with two prior convictions for a serious or violent felony (i.e., robbery, assault with a deadly weapon, rape, etc…) could be looking at a third strike with a potential life sentence if the accused’s new offense was a “petty theft with a prior” under Penal Code 666.

Under the new law, a felony conviction for petty theft with a prior requires three or more prior theft convictions, instead of one. This change makes it no longer possible for a person with one prior theft conviction to be charged with a felony petty theft under penal code section 666 if it was their second offense. Instead, a person must have three prior convictions for theft before a petty theft offense can be charged as a felony. If you have been charged with petty theft or any other theft related crime, and are unsure of your rights, contact Pasadena Theft lawyer Ann Gottesman to help guide you through your defense.

Petty Theft Explained

California law defines theft as the unlawful taking of another’s property. The crime of petty theft is charged when the property value of the stolen goods is $950 or less. In most cases, petty theft is a misdemeanor and subject to probation, fines or incarceration. However, under the new law, a petty theft can (and most likely will) be charged as a felony if the accused has suffered at least three prior theft related convictions. The primary difference between petty theft and grand theft is the value of the stolen goods. Grand theft requires the value of the stolen property to be greater than $950.

The Significance of the Changes to Penal Code 666

In California, there are quite a few offenses that are classified as “wobblers”. Any offense that a prosecutor can choose to charge as either a misdemeanor or a felony is characterized as a wobbler. Petty theft, prior to the changes, was such an offense if the accused suffered at least one prior theft related conviction. Typically, the prosecutor uses the facts of the case and your criminal history as relevant information when deciding how to charge.

Wobblers are significant because there is a major difference between a misdemeanor and a felony conviction. For one thing, when you are convicted of a felony, certain rights and privileges are revoked. On the other hand, if your offense is classified as a misdemeanor, you likely preserve these rights. Nevertheless, in the case of a felony wobbler, you have the right to petition the court to have your felony reduced to a misdemeanor after you successfully complete probation.

As a Pasadena criminal lawyer who cares about your freedoms and your rights, Ann Gottesman will work aggressively to provide you with the best defense possible.