California Penal Code §484 — Petty Theft
PC §484 is California's general theft statute — it defines what theft is. When the value taken is $950 or less it is petty theft, punished under §490 as a misdemeanor. Value over $950 is grand theft under §487. Prop 47 (2014) capped most theft below $950 at the misdemeanor tier.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Petty Theft Cases in All LA County Courts
01 — Quick Facts
PC §484 — Petty Theft at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §484 — Theft Defined |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor when value ≤ $950 (§490) |
| Value Threshold | $950 line divides petty (§484/§490) from grand (§487) |
| Punishment §490 | Up to 6 months county jail and/or $1,000 fine |
| Prop 47 (2014) | Reduced most theft under $950 to misdemeanor regardless of prior record |
| Strike | No |
| Immigration | CIMT — deportable / inadmissible on conviction |
| Diversion | PC §1001.95 misdemeanor diversion frequently available |
| Civil Demand | Merchants may serve a §490.5 civil demand ($50–$500) regardless of criminal outcome |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §484?
What Is California Penal Code §484?
PC §484 Reads:
"Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property… is guilty of theft."
— California Penal Code §484(a)
§484 rolls what used to be four separate common-law crimes — larceny, embezzlement, theft by false pretenses, and theft by trick — into a single statutory offense. The prosecution does not have to choose a theory; the jury can convict on any of the four so long as they agree unanimously that some form of theft occurred (People v. Vidana). Value is the switch that determines whether §490 (petty, ≤ $950) or §487 (grand, > $950) governs.
§484 vs §488 vs §490 — Three Sections, One Offense
§484 defines theft. §488 designates 'petty theft' as any theft not already grand theft. §490 sets the punishment for petty theft. All three sections are typically pled and charged together on a petty-theft complaint. The defense implications are identical — the fight is always over the theft elements or the $950 value threshold.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §484
The prosecution must prove one of the four theft theories, plus that the value taken did not exceed $950 (CALCRIM 1800).
Property Belonged to Someone Else
The property taken was owned by, or in the lawful possession of, someone other than the defendant.
Taking / Appropriation
Defendant took, carried away, or fraudulently appropriated the property.
Without Consent
The owner did not consent to the taking.
Intent to Permanently Deprive
At the time of the taking, defendant intended to deprive the owner of the property permanently or for so long as to deprive the owner of a major portion of its value.
Value ≤ $950 (petty-theft tier)
The value of the property did not exceed $950 (§490).
04 — Penalties
Penalties for PC §484 Petty Theft in California
Punishment is set by §490 for petty theft. Grand-theft punishment lives at §487/§489.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Petty Theft (§484 / §490) | PC §484, §490 | Up to 6 months county jail | Available (routine) | No |
| Petty Theft w/ Prior (§666) | PC §666 | Up to 1 year jail (Prop 47 limited) | Available | No |
| Grand Theft (§487) | PC §487 | Wobbler — up to 1 yr jail or 16/2/3 state prison | Available | No |
Sentencing Enhancements
Prior Theft With Enumerated Prior
PC §666
One prior theft-related conviction and a listed status (sex-offender registration, elder theft, etc.) can lift petty theft to a wobbler.
Organized Retail Theft
PC §490.4
Two or more thefts in 12 months with intent to sell/exchange stacks as a separate wobbler count.
Aggregation
PC §487
Multiple thefts committed pursuant to one scheme can be aggregated to cross the $950 grand-theft threshold.
Additional Consequences Beyond Prison
- CIMT for immigration — potential deportation / inadmissibility
- Employment: theft convictions bar bonding and many licensed occupations
- Civil-demand liability under §490.5 ($50–$500 payable to merchant)
- Restitution to the victim under PC §1202.4
- Bar to expungement under §1203.4 until probation is completed
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §484 Petty Theft Charges
Petty theft defenses attack the intent-to-permanently-deprive element and the value threshold.
Claim of Right
A good-faith belief that the property was yours — even a mistaken one — defeats theft intent (CALCRIM 1863).
CALCRIM 1863
No Asportation
In shoplifting cases, the item must move with intent to steal. Merely holding an item inside the store is not enough.
People v. Shannon
Consent
If the owner (or an authorized agent) consented to the taking, no theft occurred.
Consent
Value Under $950 Disputed Upward
Prosecution's use of retail-sticker value can be reduced to wholesale/replacement value, keeping the charge below the grand-theft line.
Romanowski
PC §1001.95 Diversion
Judicial misdemeanor diversion — up to 24 months — dismisses the case on completion.
AB 3234
Constitutional Sources
07 — Court Process
How PC §484 Petty Theft Cases Move Through Los Angeles Courts
Petty theft is filed in the misdemeanor court nearest the alleged theft location.
- 1
Step 1 — Citation or Custody Arrest
Most petty-theft cases are cite-and-release; a small percentage book overnight.
- 2
Step 2 — Filing
The DA files under §484 / §490 (petty) or §487 (grand) based on the alleged value.
- 3
Step 3 — Arraignment
Own-recognizance release is routine for misdemeanor filings.
- 4
Step 4 — Pretrial / Diversion
Judicial diversion under §1001.95 is negotiated here; civil compromise (§1377) is available for many private-party thefts.
- 5
Step 5 — Preliminary Hearing (grand-theft filings)
Value is often litigated at the prelim to reduce the case to §484 petty theft.
- 6
Step 6 — Trial or Plea
Diversion, community service, and immigration-safe alternatives to a §484 plea are all on the table.
- 7
Step 7 — Sentencing
Restitution and merchant civil-demand exposure are addressed at sentencing.
Los Angeles Courts That Handle PC §484 Petty Theft Cases
Petty theft is heard in the misdemeanor calendar of the district courthouse where the alleged theft occurred.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Petty Theft Defense Attorney
Daniel S. Rubin has defended clients charged with petty theft and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §484 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Petty Theft Cases Throughout LA County
09 — FAQs
PC §484 Petty Theft Questions — Los Angeles
What is the difference between §484 and §488?
§484 defines theft. §488 says any theft not designated grand theft is petty theft. In practice they are pled together on any petty-theft complaint.
Is petty theft a strike?
No. Petty theft under §490 is a misdemeanor and is not a strike offense.
Can petty theft be dismissed under diversion?
Yes — PC §1001.95 judicial diversion is routinely granted for first-time §484/§490 cases and dismisses the charge on completion.
Does the store civil-demand letter mean I will be charged?
No. The §490.5 civil demand is a separate civil claim. It can be paid, ignored, or disputed independent of the criminal filing.
Available 24/7 — Free Consultation
Charged With PC §484 Petty Theft in Los Angeles?
Rubin Law, P.C. negotiates diversion, civil compromise, and dismissal outcomes on misdemeanor theft cases every week. Call (213) 723-2337.