Petty theft is one of the most commonly charged crimes in Fresno County. However, there can be serious lifelong repercussions to a conviction for petty theft. Petty Theft can be an infraction, misdemeanor, or even a felony depending on the value of the allegedly stolen items and the circumstances surroundings the allegation. If you have been accused , cited, charged, or arrested for petty theft, you may want to contact an experienced attorney to evaluate your situation explain the charges to you. Many times having the advice of a lawyer is critical in determining the outcome of a case..
PC 484 Petty Theft: Acts Constituting Petty Theft:
PC 484(a) 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, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any persons, obtains credit and thereby fraudulently gets or obtains possession of money, or property of obtains the labor or service of another , is guilty of theft. In determining the value of the property obtained, for the purposes of this section, the reasonably and fair market value shall be the test, and in determining the value of services received the contract prices shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern. For the purposes of this section, any false or fraudulent representation of pretense made shall be treated as continuing, so as to cover any money, property or service received as a result thereof, and the complaint, information or indictment may charge that the crime was committed on any date during the particular period in question. The hiring of any additional employee or employees without advising each of them of every labor claim due and unpaid and every judgment that the employer has been unable to meet shall be prima facie evidence of intent to defraud.
PC 484(b)(1) Except as provided in Section 1085 of the Vehicle code where a person has leased or rented the personal property of another person pursuant to a written contract, and that property has a value greater than one thousand dollars ($1,000) and is not a commonly used household item, intent to commit theft by fraud shall be rebuttably presumed if the person fails to return the personal property to its owner within 10 days after the owner has made written demand by certified or registered mail following the expiration of the lease or rental agreement for return of the property so leased or rented.
PC 484(b)(2) Except as provided in Section 10855 of he vehicle code, where a person has leased or rented the personal property of another person pursuant to a written contract, and where the property has a value no greater than one thousand dollars ($1,000), or where the property is a commonly used household item, intent to commit theft by fraud shall be rebutably presumed if the person fails to return the personal property to its owner within 20 days after the owner has made written demand by certified or registered mail following he expiration of the lease or rental agreement for return of the property so leased or rented.
PC 484(c) Notwithstanding the provisions of subdivisions (b), if one presents with criminal intent identification which bears a false or fictitious manner or address for the purpose of obtaining the lease or rental of the personal property of another , the presumption created herein shall apply upon the failure of the lessee to return the rental property at the expiration of the lease or rental agreement, and no written demand for the return of the leased or rented property shall be required.
PC 484(d) The presumptions created by subdivisions (b) and (c) are presumptions affecting the burden of producing evidence.
PC 484(e) Within 30 days after the lease or rental agreement has expired, the owner shall make written demand for return of the property so leased or rented. Notice addressed and mailed to the lessee or renter at the address given at the time of the making of the lease or rental agreement and to any other known address shall constitute proper demand. Where the owner fails to make such written demand the presumption created by subdivision (b) shall not apply.