Petty Theft with a Prior

Penal Code section 666: Petty Theft with a Prior

If a person is charged with petty theft and they have a prior theft related conviction, then, depending on the circumstances, the new petty theft conviction can be charged as a felony.  Pursuant to Penal Code section 666(a), petty theft is a wobbler and can be charged as a felony if the defendant has at least three prior theft-related convictions on their record and has served time in a penal institution (usually jail or prison) for each of those prior offenses.  A theft-related conviction includes petty theft (Penal Code section 488), grand theft (Penal Code section 487), burglary (Penal Code section 459), robbery (Penal Code section 211), auto theft (Vehicle Code section 10851), carjacking (Penal Code section 215) or felony possession of stolen property (Penal Code section 496).

The law is more severe for sex offenders or defendants with strikes on their record.  Pursuant to Penal Code section 666(b), a petty theft is a wobbler and can be charged as a felony if these types of defendants have just one prior theft-related conviction on their record and they served time in a penal institution (usually jail or prison) for that prior offense.