California Penal Code 666 PC addresses the crime commonly known as “petty theft with a prior.” This statute applies when a person who has previously been convicted of certain theft-related offenses commits another theft offense.
Historically, repeat theft offenses often resulted in felony charges and mandatory jail time. However, Proposition 47, passed in California in 2014, significantly changed how many theft offenses are prosecuted.
Today, many cases that previously would have been charged as felonies are now treated as misdemeanors, offering more opportunities for reduced penalties or alternative sentencing.
If you are charged with petty theft with a prior conviction, the outcome of your case may depend heavily on your criminal history, the value of the stolen property, and the strength of your legal defense.
Your best chance for a favorable outcome is to work with an experienced California criminal defense attorney at the Hedding Law Firm. To set up a consultation, feel free to call us at (866) 986-2092 or use the contact form provided here. We're here to help you through this.
What Is Petty Theft with a Prior Under Penal Code 666?
Penal Code 666 applies when someone commits petty theft after previously being convicted of certain theft-related crimes.
In general, petty theft occurs when someone unlawfully takes property valued at $950 or less.
Under PC 666, prosecutors may consider prior convictions such as:
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theft or shoplifting
However, after the passage of Proposition 47, petty theft with a prior is usually charged as a misdemeanor, unless specific aggravating circumstances exist.
Elements Prosecutors Must Prove
To convict someone of petty theft with a prior under Penal Code 666 PC, prosecutors must prove:
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the defendant committed petty theft
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the value of the property taken was $950 or less
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the defendant has a qualifying prior theft-related conviction
In some cases, prosecutors may attempt to enhance penalties based on the defendant's criminal history.
Penalties for Petty Theft with a Prior
The penalties for petty theft with a prior conviction can vary depending on the circumstances.
If charged as a misdemeanor, potential penalties may include:
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up to 6 months in county jail
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fines and court fees
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summary (informal) probation
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restitution to the victim
In many cases, judges may impose alternatives to jail, such as:
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community service
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theft education programs
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probation conditions
With the right legal strategy, it may even be possible to avoid jail time or obtain a reduced charge.
How Proposition 47 Changed Theft Laws
Before Proposition 47, petty theft with a prior conviction could often be charged as a felony.
Proposition 47 reclassified many non-violent theft offenses as misdemeanors when the value of the property involved is $950 or less.
This change has allowed many defendants to:
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avoid felony convictions
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reduce prior felony theft convictions to misdemeanors
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seek expungement of past convictions
For individuals with older felony theft convictions, Proposition 47 may provide an opportunity to return to court and request that those convictions be reduced.
Strategies to Avoid Jail Time
In some cases, defendants charged with petty theft with a prior may still be able to avoid jail or reduce the impact on their criminal record.
Possible options may include:
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negotiating reduced charges
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entering diversion or rehabilitation programs
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completing community service
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demonstrating rehabilitation and good character
Defense attorneys may also present evidence such as:
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character letters from family members
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employment history
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proof of counseling or rehabilitation
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evidence of changed circumstances
These factors can sometimes persuade prosecutors or judges to seek alternatives to incarceration.
Reducing Prior Felony Theft Convictions
Proposition 47 allows certain individuals who were previously convicted of felony theft crimes to request that their convictions be reduced to misdemeanors.
If granted, this reduction can help restore rights and reduce the long-term consequences of a criminal record.
Courts may consider several factors when deciding whether to grant a reduction, including:
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the nature of the original offense
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the defendant's criminal history
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whether the individual has demonstrated rehabilitation
Many individuals who have successfully turned their lives around may qualify for relief under Proposition 47.
Related California Crimes
Several other theft-related offenses are closely related to Penal Code 666 PC.
Penal Code 484 PC – Petty Theft
Petty theft occurs when someone unlawfully takes property valued at $950 or less. It is usually charged as a misdemeanor offense.
Penal Code 459.5 PC – Shoplifting
Shoplifting involves entering a commercial establishment during business hours with the intent to steal merchandise valued at $950 or less.
Penal Code 487 PC – Grand Theft
Grand theft occurs when the value of the stolen property exceeds $950. This offense may be charged as a misdemeanor or felony depending on the circumstances.
Penal Code 496 PC – Receiving Stolen Property
Receiving stolen property involves knowingly buying, receiving, or possessing property that was obtained through theft.
Penal Code 459 PC – Burglary
Burglary occurs when someone enters a building, room, or vehicle with the intent to commit theft or another felony.
Frequently Asked Questions
What does petty theft with a prior mean in California?
Petty theft with a prior refers to committing a theft offense valued at $950 or less after previously being convicted of certain theft-related crimes.
Is petty theft with a prior always a felony?
No. After Proposition 47, most petty theft with a prior charges are prosecuted as misdemeanors unless special circumstances apply.
Can a prior theft conviction be reduced to a misdemeanor?
Yes. Many felony theft convictions may be eligible for reduction under Proposition 47 if the offense involved property valued at $950 or less.
Can someone avoid jail for petty theft with a prior?
In many cases, yes. Judges may impose probation, community service, or rehabilitation programs instead of jail time, depending on the circumstances.
Can a petty theft conviction be expunged?
In many cases, individuals who complete probation may be eligible to request an expungement under Penal Code 1203.4, which can help clear the conviction from their record.
The Hedding Law Firm is here to assist. Book your consultation today. Our office is located in Los Angeles, CA.
