Is Petty Theft a Misdemeanor and What Are the Consequences? 

Stealing another person’s property is known as theft or larceny. States set their own laws regarding degrees of theft, generally according to the value of the item taken. Some states label such crimes as petty theft or grand theft or petty and grand larceny, with one being a misdemeanor and the other being a felony.

Public records describe the laws about theft as well as the arrest and court records pertaining to charges that individuals face for such crimes.

What is Petty Theft?

Petty theft is a misdemeanor crime defined by individual states. It is the lowest level criminal misdemeanor. In general states require that the following criteria are met to qualify as petty theft:

• property taken must meet a certain threshold of value, often less than $500 to $1000;
• the subject intended to deprive the owner of the enjoyment of their property, 
• the property is taken or removed permanently.

Petty Theft vs Petty Larceny

Petty theft and petty larceny are often used interchangeably, but they can have subtle differences depending on the jurisdiction. Both terms refer to the unlawful taking of property that falls below a certain value threshold. However, some states prefer the term "theft" while others use "larceny." Understanding the specific terminology used in your state is important, as it can affect the legal proceedings and potential penalties involved.

Petty Theft vs Grand Theft

The value of the item taken is what separates petty theft from grand theft. States sometimes specify items that cannot be considered under petty larceny regardless of their value, such as Kentucky, which enumerates the theft of guns or anhydrous ammonia, an ingredient in manufacturing methamphetamines, as more serious than petty theft. Similarly, Idaho specifically names theft of farm animals or credit cards as more serious offenses than petty theft.

Florida breaks petty theft into smaller categories, with “petit theft” being the second-degree misdemeanor of taking an item or service valued at less than $100. Theft of items valued from $100-$300 is a first-degree misdemeanor.

What Is Considered Petty Larceny?

Examples of petty larceny include shoplifting from stores, consuming food without paying, driving away before paying for fuel, and other nonviolent, “victimless” crimes. In North Carolina, petty theft is the term for stealing anything valued at under $1,000 while in Oregon the value is set at $100. The theft of a vehicle, regardless of its value, is usually considered a more serious crime than petty larceny.

Stealing from an individual, with or without force, such as mugging a person for a wallet or carjacking, are more serious crimes and are not considered petty larceny.

Examples of Petty Theft/Larceny

• changing price tags on items to pay less
• switching packages to put an expensive item into a cheap item’s packaging
• taking a bicycle that was left outside a house
• picking up someone else’s jacket at a bar or theater
• concealing an item so that you pay for one but take two
• sneaking into a theater without paying for a ticket
• bringing your own food into a theater against posted prohibition to the contrary
• refusing to pay for a service that you’ve used, such as a boat or bike rental

Is Petty Theft a Misdemeanor or a Felony?

Petty theft is typically classified as a misdemeanor. This classification means that it is considered a less severe crime compared to felonies. The classification as a misdemeanor reflects the relatively low value of the property involved in the theft. However, repeated petty larceny offenses or certain aggravating circumstances could potentially elevate the charge to a more serious level.

Can You Go to Jail for Petty Theft?

Yes, you can go to jail for petty theft. The punishment for petty larceny, which is usually a misdemeanor, can include a jail term of up to a year. The likelihood and length of jail time can depend on various factors, such as the value of the stolen property, the individual's criminal history, and whether there are any aggravating factors, like stealing from a vulnerable person. First-time offenders may receive lighter sentences compared to repeat offenders.

How Much do You Have to Steal to Go to Jail?

Punishment for petty theft, like most low-level misdemeanors, can carry a jail term of up to a year. Courts determine whether such a punishment is appropriate according to the circumstances and individual’s criminal history, which is part of the public record unless they are a juvenile (juvenile cases are not public records unless the individual is charged as an adult). 

Repeat offenders are more likely to earn jail time than first-time offenders. Likewise, crimes against children or the elderly are often considered more serious than crimes against a business or a peer.

Misdemeanor convictions often carry fines of $250 to $2500. When a person cannot pay the fine, they may spend time in jail instead. In addition, a judge or magistrate may require reparations, or reimbursement, be paid to the individual or company whose belonging was stolen.

Petty Theft Laws in Different States:

State(s)	Value Threshold for Petty Theft	Classification	Maximum Penalty
California	Less than $950	Misdemeanor	6 months in jail
Florida, Delaware, Pennsylvania	Less than $300	First-degree Misdemeanor (Petit Theft)	1 year in jail
New York, North Carolina, Illinois	Less than $1,000	Class A Misdemeanor (Petit Larceny)	1 year in jail
Texas	Less than $100	Class C Misdemeanor	Fine up to $500
Ohio, Idaho	Less than $1,000	First-degree Misdemeanor	180 days in jail (Ohio), 1 year in jail (Idaho)
Oregon, South Dakota, Iowa	Less than $300	Class C Misdemeanor (Oregon), Class 2 Misdemeanor (SD)	30 days in jail
Kentucky, Tennessee, Missouri	Less than $500	Class A Misdemeanor	1 year in jail
Nevada, Vermont, New Hampshire	Less than $1,200	Misdemeanor	6 months to 1 year in jail

What Are the Consequences of Petty Theft?

Getting arrested is not always a part of being charged for petty larceny. Sometimes police may issue a ticket that includes an order to appear in court to answer to charges.

Petty theft, often shoplifting, is commonly pursued by store security guards who may detain shoppers to question them but do not have the power of arrest. If these guards find probable cause to pursue a shoplifting charge, they will refer the matter to police. If the situation is serious, involving thousands of dollars worth of merchandise, sophisticated methods, or an organized network of shoplifters, police are likely to respond immediately. For petty larceny events local police may choose to follow up with the individual later, including with a court summons delivered to the accused person’s home address.

The statute of limitations for petty larceny is usually a year. That means if a security video captures an individual’s face or license plate at the scene of a crime or theft the police may follow up at a much later date. Many stores also have security videos at the cash register, allowing store security to pick up details of a person’s identification during a transaction that a wall-mounted security camera may miss.

When the shoplifter is a minor their parent or guardian is frequently summonsed to court as well. Juvenile court proceedings are not public however and juvenile records are destroyed when the individual turns 18.

What Are the Charges and Punishments for Petty Larceny? 

Charges for petty theft below the threshold set by state law are left to the discretion of the local police, prosecutor, and magistrate. First-time offenders or those who can argue that theft was an accident are likely to see “nolle prosequi” entered in their records, meaning that the district attorney’s office declined to prosecute. This is possible even after a court appearance before a magistrate.

A magistrate or judge may also impose a fine or community service in exchange for removing the charge when the penalty is paid. Some first-time offenders may be sent to “diversion” programs designed to treat underlying issues like drug abuse, alcoholism, or psychological issues.

Frequent offenders are more likely to be prosecuted for minor offenses, and more likely to be jailed.

What is the Lowest Charge of Larceny?

The lowest charge of larceny is typically classified as "petty larceny" or "petit larceny," depending on the jurisdiction. This charge is for the theft of property that falls below a certain value threshold, often less than $500 to $1000. It is considered a misdemeanor, which is the least severe category of criminal offense. Penalties for the lowest charge of larceny can include fines, community service, probation, and potentially short-term jail sentences.

FAQ

How Long Does Petty Theft Stay on One’s Record?

Many states have created “sunset” provisions that automatically expunge minor offenses from a person’s record after a period without other charges, usually five years. In most states a failure to prosecute results in no arrest record. Check with your state laws to find out if you have to petition the court to have misdemeanor charges, non-prosecution records, or minor convictions removed from your record.

How Long Do You Go to Jail for Petty Theft in Ohio?

In Ohio, petty larceny is classified as a first-degree misdemeanor. If convicted, the offender could face up to 180 days in jail. The actual length of the jail term depends on various factors, including the specifics of the case, the value of the stolen property, and the individual's prior criminal record. First-time offenders might receive lighter sentences or alternatives to jail, such as probation or community service.

What is the First Offense for Petty Larceny in NY?

In New York, petty larceny is considered a Class A misdemeanor. For a first offense, the penalties can include up to one year in jail, probation, community service, and fines. However, first-time offenders might be eligible for alternative sentencing options, such as diversion programs or conditional discharges, especially if the theft involved a low-value item and there were no aggravating circumstances.

Will I Go to Jail for Petty Theft in California?

In California, petty larceny is usually charged as a misdemeanor. If convicted, the penalties can include up to six months in county jail. However, many factors influence whether someone will actually serve jail time, such as the value of the stolen property, the offender's criminal history, and the specific circumstances of the theft. First-time offenders may receive probation, fines, or community service instead of jail time.

How Do I Get Petit Larceny Charges Dropped in NY?

To get petit larceny charges dropped in New York, you may need to work with a defense attorney who can negotiate with the prosecutor. Strategies might include demonstrating a lack of intent to commit theft, providing evidence of mistaken identity, or showing that the accused has no prior criminal record. In some cases, participating in a diversion program or agreeing to restitution may also lead to charges being reduced or dismissed.