Holley Criminal Defense 
          Law Offices   

Free Consultation
(916) 956-2876

Theft Crimes in Sacramento
& Surrounding Areas

PETTY THEFT: 488PC

Definition and elements of Petty Theft 488PC in Sacramento

In order for the defendant to be found guilty of this crime, the prosecution must prove beyond a reasonable doubt two elements. 
First, you stole or took or carried away property of another.  (AND)
Second, the value of the property taken was is $950 or less.

The most common 488PC allegation is shoplifting.  The prosecution must prove:
            First, you took possession of the property owned by someone else.
            Second, you took the property without consent of the owner.
            Third, at the time you took the property, you intended to remove it
            Fourth, you moved the property (even small distance) and kept it (even for short time)
            Fifth, the value of the property was $950 or less.   
             
Potential Penalties for Petty Theft 488PC in Sacramento

Engaging in a petty theft is a misdemeanor in Sacramento and surrounding areas.  The judge can sentence you up to 6 months, court fines, restitution for the amount stolen, and issue a stay away order from the establishment.  Keep in mind that this crime is a “wobbler” meaning that it can also be charged as a felony which could carry up to three years in prison. 


Possible Defenses to petty theft t in Sacramento

Common defenses to pretty theft include that of intent.  That is, you did not intend to steal the item.  Depending on the judge and prosecution, it is sometimes possible to reduce the misdemeanor charge to an infraction under Penal Code section 490.1.  It is also sometimes possible to argue for a first-time petty theft diversion program to avoid a criminal conviction for petty theft in Sacramento and surrounding areas. 

CALL NOW FOR A FREE CONSULTATION: (916) 956-2876
    

***This page is under construction.  Our law offices takes great effort to keep the statutes and law up to date.   Please try back later for more information