Under California law, petty theft can be charged as a felony rather than a misdemeanor if the individual has a history of theft-related convictions. Specifically, Penal Code section 666 allows prosecutors to charge petty theft as a felony if the person has three or more prior convictions involving theft, grand theft, auto theft, burglary, carjacking, robbery or receiving stolen property, along with a record of jail time for those convictions. While petty theft is normally a misdemeanor, a felony charge under section 666 can result in a prison sentence of up to three years. Experienced criminal defense attorneys can help individuals charged under this statute by challenging prior convictions or the current charges to attempt to reduce the charges or sentence.

1. Petty Theft with a Prior May Be
Classified as a Felony in California
By Mark Edward Powers

2. Introduction
• Santa Barbara and San Luis Obispo, California, defense attorney
Mark Edward Powers has over 26 years of legal experience
representing people facing a wide variety of charges, including, but
no limited to, petty and grand theft - Penal Code sections 484, 666,
and 487. Penal Code section 666 provides that a person arrested for
a relatively minor petty theft offense may ultimately be charged with
a felony if that person has a number of prior theft related
convictions. Criminal Defense attorney Mark Edward Powers has
extensive experience handling these charges - negotiating, litigating,
and challenging prior convictions that allow misdemeanors to be
charged as felonies.
Known as the “petty theft with a prior” statute, Penal Code 666
allows an individual arrested for misdemeanor petty theft to be
charged with a felony under certain circumstances.

3. Petty Theft with a Prior
• These circumstances include a previous criminal record of
convictions for theft-related charges. Prosecutors typically charge
petty theft as a misdemeanor - Penal Code section 484 - which can
result in sentences ranging up to six months in jail and fines.
However, felony theft convictions for Penal Code section 666 carry
more severe consequences including as much as three years in
custody. Penal Code section 666 may apply even when many years
have passed between the present offense and the prior convictions.
For Penal Code 666 to apply, an individual must generally meet the
following criteria: (1) have three or more previous theft related
convictions and (2) a record of jail time with those convictions. Prior
theft related convictions include either three or more of the
following: petty theft, grand theft, auto theft, burglary, carjacking,
robbery or felony receiving stolen property.

4. Conclusion
• If an individual meets the required criteria, prosecutors
may choose to charge an offender with felony petty theft
with a prior. The specific details of the crime and the
offender’s history inform the prosecutor on whether to
charge a misdemeanor or a felony. A criminal defense
attorney may provide the prosecutor with input on this
decision. Often times this input persuades a prosecutor
to file a misdemeanor rather than a felony charge.
Experienced attorneys can help individuals charged with
petty theft by employing a number of tactics. Criminal
defense attorneys can challenge current charges or prior
convictions in order to get reduced charges or a reduce
sentence.