Petty theft means stealing money, property, or services worth less than the dollar amount your state uses for grand theft. It is usually a misdemeanor, and the possible penalties, from a fine to time in jail, depend on your state and the value involved.
Shoplifting a low-priced item is one example. Depending on the state, petty theft can also include taking someone's belongings, keeping property you were trusted with, or getting money or services by lying. This guide explains what petty theft means, the names states use for it, where the dollar line falls, typical penalties, and whether charges can be dropped.
The examples below reflect state statutes as of October 2026. Laws change, so check your state's current statute or ask a criminal defense attorney about your own case.
Petty theft definition: what counts
Theft laws are worded differently in every state, but they share a core idea: taking or using someone else's property without permission, intending to deprive the owner of it. California's Penal Code §484, for example, covers stealing personal property, fraudulently keeping property that was entrusted to you, and getting money, labor, or property through a false representation.
What constitutes petty theft, as opposed to grand theft, is mostly a question of value. Each state sets a dollar line. Theft below the line is petty theft or the state's equivalent. Theft above it is grand theft or a higher degree of theft, which is usually a felony.
Value generally means market value at the time of the theft. California uses "reasonable and fair market value" (PC 484), and Florida uses market value at the time and place of the offense (Fla. Stat. §812.012). Some states also let prosecutors add together the value of several thefts, which can push a case over the line. California allows this under PC 490.3.
Some property leads to a felony charge no matter its value. Theft of a firearm is grand theft in California and grand larceny in Virginia, and in Texas, stealing property directly from another person is a state jail felony.
Petty theft or petit theft? The names states use
Petty and petit mean the same thing here: small or minor. States use several names for low-level theft:
- Petty theft. California's Penal Code uses this name (PC 488 and 490.2). Ohio used it too, until a 2023 change renamed the offense "misdemeanor theft."
- Petit theft. Florida (Fla. Stat. §812.014) and Idaho (Idaho Code §18-2407).
- Petit larceny. New York (Penal Law §155.25), Virginia (Va. Code §18.2-96), and South Carolina (S.C. Code §16-13-30).
- Theft in the third degree. Washington, where theft of property or services worth $750 or less is a gross misdemeanor (RCW 9A.56.050).
- Misdemeanor classes by value. Texas grades theft under $2,500 as a Class C, B, or A misdemeanor, depending on the amount (Tex. Penal Code §31.03).
In everyday speech, people call all of these petty theft. The statute number on your citation or complaint shows exactly what you are charged with.
How much is petty theft? Where states draw the dollar line
There is no national dollar limit for petty theft. Each state sets its own, and legislatures change them. These examples come from current statutes:
- Florida: $750. Theft of $750 or more is grand theft, a third-degree felony. Less than that is generally petit theft, but taking $40 or more from a home or the unenclosed area around it is grand theft (Fla. Stat. §812.014).
- Washington: $750. Theft of more than $750 is theft in the second degree, a class C felony (RCW 9A.56.040).
- California: $950. Theft of more than $950 is grand theft (PC 487). $950 or less is petty theft (PC 490.2).
- New York: $1,000. Theft of more than $1,000 is grand larceny in the fourth degree, a class E felony (Penal Law §155.30).
- Ohio and Virginia: $1,000. Theft of $1,000 or more is a fifth-degree felony in Ohio (Ohio Rev. Code §2913.02) and grand larceny in Virginia (Va. Code §18.2-95).
- South Carolina: $2,000. Theft of more than $2,000 is grand larceny, a felony (S.C. Code §16-13-30).
- Texas: $2,500. Theft of $2,500 or more is a state jail felony (Tex. Penal Code §31.03).
For every state's current line, see our guide Is Shoplifting a Felony? Thresholds change, so check the current statute or ask an attorney before relying on any number.
Is petty theft a misdemeanor or a felony?
Petty theft is usually a misdemeanor, and in some states the smallest thefts carry lighter consequences. California prosecutors can charge petty theft of $50 or less as an infraction, with a fine of up to $250 and no jail, if the person has no other theft-related conviction (PC 490.1). In Texas, theft under $100 by someone with no prior theft conviction is a Class C misdemeanor, which carries a fine only.
In some states, prior convictions can raise petty theft to a felony:
- Florida. Petit theft by someone with one prior theft conviction is a first-degree misdemeanor. With two or more prior theft convictions, it is a third-degree felony (Fla. Stat. §812.014(3)).
- Texas. Theft under $2,500 is a state jail felony when the person has two or more prior theft convictions (Tex. Penal Code §31.03(e)(4)(D)).
- California. Since Proposition 36 took effect on December 18, 2024, petty theft or shoplifting by someone with two or more prior theft-related convictions can be charged as a felony (PC 666.1). Our guide to petty theft in California covers the details.
If you have any prior theft record, tell your lawyer early. It can change both the charge and the options open to you.
Penalty for petty theft: typical ranges
Maximum penalties depend on the state and the value. Some examples:
- California: up to 6 months in county jail, a fine of up to $1,000, or both (PC 490). A first conviction for stealing merchandise from a store carries a mandatory fine of $50 to $1,000 (PC 490.5).
- Florida: the lowest tier of petit theft (generally under $100) is a second-degree misdemeanor, with up to 60 days in jail and a $500 fine. Petit theft of $100 to under $750 is a first-degree misdemeanor, with up to 1 year in jail and a $1,000 fine (Fla. Stat. §§775.082, 775.083).
- New York: petit larceny is a class A misdemeanor, with up to 364 days in jail and a fine of up to $1,000 (Penal Law §§70.15, 80.05).
- Texas: from a fine of up to $500 for a Class C misdemeanor to up to 1 year in jail and a $4,000 fine for a Class A misdemeanor (Tex. Penal Code §§12.21 to 12.23).
- South Carolina: petit larceny carries a fine of up to $1,000 or up to 30 days in jail (S.C. Code §16-13-30).
These are the maximums the law allows. A judge can impose less, and the actual sentence depends on the facts, your record, and the court.
Petty theft charges: what can happen next
Outcomes vary by state, county, and case. A petty theft case may end with one or more of these:
- Fines and court costs
- Probation, with conditions the judge sets
- Restitution, meaning paying back the value of what was taken
- Community service
- A theft or shoplifting class as a condition of probation, a plea agreement, or a diversion program. California's theft diversion law, for example, allows programs to require courses the prosecutor reasonably requires (PC 1001.81). Learn more about court-ordered theft classes.
- Diversion or deferred programs, which can lead to dismissal if you complete them. These vary widely by state and county.
- Jail, up to the state's maximum
A store may also send a civil demand letter asking you to pay. That is separate from the criminal case. Read about shoplifting civil demand letters and talk to a lawyer before you respond.
A theft conviction can also show up on background checks, and for noncitizens it can have immigration consequences. Raise these with your lawyer before you accept any plea.
Can petty theft charges be dropped?
Sometimes, but nothing guarantees it, including a class or a payment. The decision belongs to the prosecutor and the court, and it depends on the evidence, your record, and what your county offers. Factors that can matter:
- Prosecutor discretion. Prosecutors decide whether to file charges and can dismiss them, for example when the evidence is weak.
- Diversion eligibility. In California, a judge can offer diversion in a misdemeanor case for up to 24 months, even over the prosecutor's objection, and must dismiss the case if you comply (PC 1001.95). Florida's pretrial intervention program is open to first offenders and people with no more than one prior nonviolent misdemeanor, but admission requires the program administrator's approval and the consent of the victim, the prosecutor, and the judge. At the end, the prosecutor decides whether the case goes forward (Fla. Stat. §948.08).
- Adjournment in contemplation of dismissal. In New York, if the prosecutor and the defendant agree, a misdemeanor case can be adjourned, and it is dismissed if it is not restored within six months (N.Y. Crim. Proc. Law §170.55).
- Civil compromise. Some states let a judge dismiss certain misdemeanors after the victim tells the court they have been paid back. California (PC 1377 and 1378) and Washington (RCW 10.22.010) have this rule, and the judge decides whether to use it.
Ask a criminal defense attorney or public defender which of these exist where your case is filed. If you cannot afford a lawyer, ask the court whether you qualify for a public defender.
What to do next if you're charged with petty theft
- Read your paperwork. Note the statute number, the charge level, and every court date. Missing court can make things worse.
- Talk to a lawyer before you plead. A criminal defense attorney or public defender can explain diversion, civil compromise, and record relief where you live.
- Keep copies of everything, including court papers and anything a store sends you.
- Confirm any class requirement before you pay: the class name, hours, deadline, and whether online is allowed. Our checklist on how to choose an online theft class can help.
- Turn in proof on time. Give your certificate to whoever ordered the class before the deadline, and keep a copy.
If your court, prosecutor, probation officer, or diversion program requires a theft or shoplifting class, our self-paced online Theft Awareness Class covers the consequences of theft, the thinking and triggers behind it, and practical skills for better choices, with options from a 4-hour class to 16 hours. Before enrollment, confirm the specific course and required hours with your probation officer, attorney, or assigning authority.