CA Penal Code 666 PC - Petty Theft with a Prior
Petty theft in California, involving items valued at $950 or less, is generally treated as a minor offense.
Under Penal Code 484(a), it is a misdemeanor punishable by up to six months in jail, though many defendants opt for probation instead.
However, repeat petty theft offenses often carry stricter penalties under Penal Code 666 PC, known as "petty theft with a prior." If charged under PC 666, a petty theft conviction can result in up to 3 years in state prison.
In other words, PC 666 PC is the charge typically filed when someone commits petty theft and has a criminal record with specific prior convictions.
Such thefts can be classified as either misdemeanors or felonies. As mentioned, petty theft involves stealing property or services valued at $950 or less. According to Penal Code 266, you face a sentencing enhancement for petty theft when you:
- Have a previous conviction for a theft offense and
- Served time in jail due to the conviction and
- Have a previous conviction for a violent offense or a particular sex crime.
What Defines Petty Theft When There Is a Prior Conviction?
Generally speaking, "petty theft with a prior" refers to a conviction for petty theft when a defendant has a prior theft-related conviction on their record.
Many states have enhanced sentencing for petty theft defendants with prior theft convictions, and each state has different criteria for eligibility.
California's standards are comparatively generous regarding enhanced sentencing, as it takes more than just a prior petty theft conviction to qualify.
Under PC 666, petty theft with a prior only applies if you have been convicted of at least two other qualifying crimes, including one theft, and have served time in jail or prison.
For example, if you were convicted of petty theft, received probation, and then committed a second petty theft, you would not qualify for enhanced sentencing because you did not serve jail time for the first conviction.
What are the Factors that Lead to Increased Penalties?
You must meet three specific criteria to face the increased penalties under PC 666. Let's review each below.
A prior theft conviction is required in California.
To be subject to penalties under this statute, you need to have at least one previous conviction for a California theft offense and have completed a jail or prison sentence. The theft crimes covered include the following:
- Penal Code 484(a) PC - defines petty theft as stealing property or services valued at $950 or less. Claiming you intended to return the property does not serve as a valid defense.
- Penal Code 487 PC - defines grand theft as unlawfully taking someone else's property valued at $950 or more.
- Penal Code 496 PC - receiving stolen property (felony) refers to buying, receiving, concealing, or selling property that you know is stolen.
- Penal Code 459 PC - burglary,
- Penal Code 211 PC - robbery,
- Penal Code 215 PC - carjacking.
Crimes in this category include unlawfully acquiring personal property, shoplifting, or vehicle theft.
You must have served time in jail or prison for your previous conviction.
To be convicted of your theft crime, you must have already served time in a penal institution or been imprisoned as part of probation for a previous theft offense.
If you only received probation, your prior theft conviction will not make you eligible for increased penalties for the current offense.
You must have a previous conviction for a sex crime or specific felonies.
Unique to California, a petty theft sentencing enhancement also requires that you have a prior conviction, which must be for a sex crime under the Sex Offender Registration Act or specific violent or serious felonies.
Examples of qualifying felonies include:
- Penal Code 187 PC - murder or attempted murder.
- Penal Code 191.5 PC - gross vehicular manslaughter while intoxicated.
- Solicitation to commit murder.
- Having a weapon of mass destruction.
- Rape or aggravated sexual assault or
- Sexually violent offenses include sex crimes committed using force, violence, or threats of bodily harm.
- Sex crimes involving minors under 14 years old.
- Any felony that is punishable by death or life imprisonment.
What are the Possible Consequences?
If charged under Penal Code 666 PC, petty theft is now a "wobbler" offense, meaning it can be prosecuted as either a misdemeanor or a felony based on your criminal history and case details.
This flexibility allows prosecutors considerable discretion in charging repeat offenders. The possible penalties include:
- Misdemeanor Charge: A conviction could result in up to one year in county jail.
- Felony Charge: If the offense is classified as a felony, you may be subjected to a state prison sentence from 16 months to three years.
What are the Possible Defenses?
If you're charged with petty theft with a prior, a skilled California criminal defense attorney can implement specific defense strategies to combat the charges and minimize your sentencing. These are discussed below,
- Absence of Intent: You did not intend to commit theft; the item was taken accidentally or due to a misunderstanding.
- No Qualifying Priors: Although you may have committed petty theft, your criminal record does not meet the criteria for an enhanced sentence.
- Illegal Search and Seizure: If evidence was obtained through an unlawful search or seizure, your attorney can argue for its inadmissibility in court, potentially leading to reduced or dismissed charges.
The increased penalties will not apply if you are not guilty of the underlying theft charge. Therefore, we may be able to prove your innocence in petty theft cases.
We might also demonstrate that you were falsely accused and wrongfully arrested. California Penal Code 666 PC applies if you commit petty theft and have certain prior theft convictions with jail or prison time served. Contact the Hedding Law Firm for a case review.
