Practice Area
A $30 item can cost you a career. The charge is called “petty.” The consequences are not.
PC 484/488 — Petty Theft. Unlawful taking of property valued at $950 or less. Misdemeanor. Up to six months county jail and a $1,000 fine.
PC 459.5 — Shoplifting. Entering a commercial establishment with intent to steal merchandise valued at $950 or less. Misdemeanor.
PC 666 — Petty Theft with Priors. Prior theft convictions can elevate a new petty theft to a felony.
Theft requires specific intent to permanently deprive the owner of their property. Forgot to scan something at self-checkout? Walked out distracted? None of that is theft without proof of intent.
Loss prevention officers make mistakes. Surveillance cameras are grainy. Descriptions are generic. I run my own investigation — pulling footage, interviewing witnesses, challenging every identification. The prosecution has to prove it was you, and I make them work for it.
If the property owner is made whole and agrees, the court can dismiss the case entirely. One of the most effective and underused tools in misdemeanor defense.
Petty theft is a flagship candidate for judicial misdemeanor diversion under PC 1001.95. Complete community service and an anti-theft class — the case is dismissed. No conviction. No guilty plea required.
Do not go back to the store. Don’t apologize. Don’t offer to pay. Any statement — including an apology — is an admission.
Do not post about it. Not on social media. Not in group chats. Not anywhere digital.
Save everything. Receipts. Bank statements. Anything that supports your version of events.
Call a lawyer before your court date. The earlier I’m involved, the more options are on the table.
Petty theft carries modest statutory penalties, but the long tail of collateral consequences is what punishes most clients. Most first-offense cases never see jail. The conviction itself is the problem.
PC 484 / 488 — Petty Theft (Misdemeanor)
PC 459.5 — Shoplifting (Misdemeanor)
PC 666 — Petty Theft With Priors (Wobbler)
Collateral Consequences (apply to any theft conviction)
Misdemeanor petty theft and shoplifting cases in San Francisco are arraigned at the Hall of Justice, 850 Bryant Street, in Department 17 on the second floor. Arraignment is the first court hearing after charges are filed.
Your citation usually says 8:30 or 9:00 AM. The court’s morning session starts at 9:00 — but cases get called when the calendar gets to them. It is normal to wait until just before noon, or into the 1:30 PM afternoon session, before your case is called. Five hours sitting in a courtroom while you miss work and the rest of your day is a common experience.
If you are represented by the Public Defender, a deputy PD will meet you outside the courtroom that morning, go through the charges with you for the first time, and waive instruction and arraignment when your case is called. SF’s public defenders are excellent and dedicated lawyers — but they are meeting you for the first time on the morning of court, with 100 to 150 other clients on their active caseload.
Private representation changes the math. I review your discovery the day you retain me — not the day of arraignment. I file an appearance under PC 977 so you don’t have to be there. I show up already prepared to file motions. In some cases the work starts before arraignment and the case is reduced or dismissed before the hearing ever happens.
The court still does four things, in this order:
The difference is whether someone read the file before walking into the courtroom. For most theft cases, civil compromise discussions and PC 1001.95 diversion screening start in the weeks between arraignment and the first pretrial conference. Engaging a lawyer before arraignment opens both tracks earlier.
Petty theft (PC 484/488) is a misdemeanor in California when the value of the property is $950 or less. Theft of more than $950 can be charged as grand theft (PC 487), which is a wobbler. Petty theft with priors (PC 666) can be charged as a felony when there are specific qualifying priors. Read more on petty theft vs shoplifting in San Francisco.
Yes. Petty theft is a flagship candidate for PC 1001.95 judicial misdemeanor diversion. Complete the conditions the court tailors to the case — alternatives to incarceration the lawyer negotiates — and the case is dismissed. No guilty plea required. The judge can grant diversion over the District Attorney’s objection.
Sometimes. California law allows civil compromise under PC 1377-1378. If the property owner is made whole and agrees in writing, the court can dismiss the case. Civil compromise is one of the most powerful tools in misdemeanor theft defense — it ends the case before trial, before plea negotiations, and without a conviction. More on shoplifting dismissal paths.
Yes. Petty theft is classified as a crime involving moral turpitude and shows up on most criminal background checks. Theft convictions are particularly damaging in retail, finance, healthcare, education, childcare, and government contexts. Successful PC 1001.95 diversion or expungement under PC 1203.4 mitigates the impact for most employment screenings.
Theft defense fees in San Francisco range from $1,500 to $5,000+ depending on case complexity and whether civil compromise or diversion is in play. ASH Legal handles San Francisco petty theft and shoplifting cases on a flat fee starting at $2,800 — covering arraignment, civil compromise negotiation, diversion enrollment, motions, and all pre-trial court appearances. One fee, no hourly billing. Read more on criminal defense lawyer cost in San Francisco.
Everything included. Arraignment through resolution. One fee, no hourly billing, no surprises.
Schedule Free Consultation(510) 545-6515 · ahmed@ashlegal.com
About the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com