Facing petty theft charges in Pomona can feel overwhelming and frightening. Whether you’ve been accused of shoplifting at one of Pomona’s major retail centers, taking property from a workplace, or any other theft-related offense valued under $950, the consequences can impact your life for years to come. At Tu Defensor Criminalista, we understand the unique challenges that residents of Pomona face when dealing with criminal charges, and we’re here to provide the aggressive, knowledgeable defense you need.
Pomona is a diverse city of approximately 148,391 residents located in the heart of Los Angeles County. With its vibrant downtown, historic neighborhoods like Phillips Ranch and Lincoln Park, and proximity to major commercial districts, Pomona presents unique legal challenges for those facing petty theft charges. According to recent data[1], Pomona has experienced property crime rates that exceed the national average, with theft offenses comprising a significant portion of criminal cases prosecuted in the Pomona Superior Courthouse[2].
Free Confidential Consultation: (888) 315-3326 | Available 24/7 | Hablamos Español
Petty theft is defined under California Penal Code Section 484[3] and Section 488[4] as the unlawful taking of property valued at $950 or less with the intent to permanently deprive the owner of that property. This seemingly straightforward definition encompasses a wide range of conduct, from traditional shoplifting at retailers like the Pomona Fairplex, to employee theft, borrowing items without permission, and even more complex scenarios involving deception or breach of trust.
In Pomona, property crime remains a significant concern for law enforcement and prosecutors. Statistical analysis shows[5] that residents face a 1 in 33 chance of becoming a victim of property crime, which includes petty theft, burglary, and motor vehicle theft. This elevated crime rate has led to increased enforcement efforts by the Pomona Police Department and aggressive prosecution by the Los Angeles County District Attorney’s office at the Pomona Superior Court.
The legal landscape for theft crimes has undergone significant changes in recent years. In 2014, California voters passed Proposition 47, which reclassified certain theft and drug offenses from felonies to misdemeanors. This meant that theft of property valued at $950 or less became a misdemeanor rather than a felony, reducing potential sentences and allowing more opportunities for diversion and rehabilitation programs.
However, in November 2024, California voters approved Proposition [6]36[6], which significantly altered the penalties for petty theft offenses. Under this new law, which took effect on December 18, 2024, individuals with two or more prior theft-related convictions can now be charged with a felony for petty theft offenses under Penal Code Section 666.1[7]. This “wobbler” offense can result in sentences of up to three years in county jail or state prison.
The Los Angeles County District Attorney’s office[8] has reported filing over 1,000 felony petty theft charges under Proposition 36 since it took effect, signaling an aggressive approach to prosecuting repeat offenders. This dramatic shift in enforcement priorities makes it more critical than ever to have experienced legal representation when facing petty theft charges in Pomona.
Petty theft charges in Pomona can arise from various circumstances, each with its own unique legal challenges and defense strategies. Understanding the specific type of theft you’re accused of is crucial to building an effective defense.
Shoplifting remains the most common form of petty theft prosecuted in Pomona. The city’s major retail centers, including the Pomona Marketplace, Indian Hill Plaza, and stores along Holt Avenue and Garey Avenue, employ sophisticated loss prevention systems and personnel who actively pursue criminal charges against suspected shoplifters.
Common shoplifting scenarios include concealing merchandise in bags or clothing, switching price tags to pay less than the actual value of items, returning stolen merchandise for cash or store credit, or simply walking out of a store without paying for items. Even if you’re stopped before leaving the store, you can still be charged with petty theft if the prosecution can prove you intended to permanently deprive the store of the merchandise.
Retail theft in Pomona has been a particular focus of law enforcement, especially in light of organized retail theft operations. Recent prosecutions[8] have targeted individuals and groups operating across Los Angeles County, including Pomona, with some cases involving alleged losses exceeding $1 million.
Employee theft involves taking property or money from your employer and is prosecuted as petty theft when the value is $950 or less. This can include taking cash from registers, stealing merchandise, falsifying expense reports, or using company resources for personal gain. These cases often involve additional employment consequences, including termination and difficulty finding future work.
In Pomona’s diverse economy, which includes manufacturing, retail, healthcare, and service industries, employee theft charges can arise in virtually any workplace setting. The prosecution often relies on internal investigations, surveillance footage, and witness statements from coworkers or supervisors.
This form of petty theft occurs when someone knowingly makes false statements or misrepresentations to obtain property from another person. Examples include selling property you don’t own, accepting payment for services you never intend to provide, or using false identification to obtain goods or services.
In the digital age, theft by false pretense cases increasingly involve online transactions, social media marketplaces, and e-commerce platforms. Pomona residents who engage in commerce through platforms like Facebook Marketplace, Craigslist, or OfferUp may find themselves facing these charges if disputes arise over sales transactions.
Similar to theft by false pretense, theft by trick involves deceiving someone into temporarily giving you their property, which you then keep permanently. The key distinction is that the victim willingly hands over the property, believing it will be returned.
Common examples include borrowing items with no intention of returning them, test-driving vehicles with plans to keep them, or accepting property for repair and then selling it instead of fixing and returning it.
Under California Penal Code Section 496[9], knowingly buying, selling, receiving, or concealing stolen property is a crime. Even if you didn’t commit the original theft, you can be charged if the prosecution proves you knew or should have known the property was stolen.
This charge often arises when someone purchases goods at suspiciously low prices, accepts property from acquaintances with questionable explanations, or is found in possession of items reported stolen. In Pomona, where property crime rates are elevated, law enforcement actively investigates fencing operations and individuals who may be trafficking in stolen goods.
The consequences of a petty theft conviction extend far beyond the immediate criminal penalties. Understanding the full range of potential outcomes is essential for anyone facing these charges in Pomona.
For a first-time petty theft offense without aggravating factors, the maximum criminal penalties include:
During probation, you may be required to complete community service, attend theft prevention classes, avoid contact with the victim or specific locations (such as the store where the theft occurred), and report regularly to a probation officer. Violating any terms of probation can result in additional charges and potential jail time.
However, under Proposition 36, individuals with two or more prior theft-related convictions face significantly harsher penalties. The offense becomes a “wobbler,” meaning prosecutors have discretion to charge it as either a misdemeanor or a felony. If charged as a felony[10], you could face:
The Los Angeles County District Attorney’s office[11] has made clear its intention to aggressively pursue felony charges under Proposition 36, particularly for retail theft offenses. This means that even relatively minor thefts can result in serious felony prosecutions if you have prior convictions.
Beyond the direct criminal penalties, a petty theft conviction creates numerous collateral consequences that can affect your life for years:
Every petty theft case is unique, and the appropriate defense strategy depends on the specific facts and circumstances. However, several common defenses have proven effective in Pomona Superior Court:
Petty theft requires proof that you specifically intended to permanently deprive the owner of their property. If you accidentally took an item, forgot to pay for something, or genuinely believed you had permission to take the property, you may have a valid defense based on lack of intent.
For example, if you placed an item in your pocket or bag while shopping and genuinely forgot about it before leaving the store, you may be able to demonstrate that you lacked the requisite criminal intent. Similarly, if you borrowed property from a friend or family member with the reasonable belief that you had permission to do so, this could negate the theft charge.
In many shoplifting cases, store security or loss prevention officers may identify the wrong person as the suspected thief. This is particularly common in busy retail environments where multiple people may match a general description or where surveillance footage is unclear.
We thoroughly investigate the identification procedures used by witnesses, examine surveillance footage for clarity and accuracy, and challenge any identifications that fail to meet legal standards. If the prosecution cannot prove beyond a reasonable doubt that you were the person who committed the theft, the charges must be dismissed.
Unfortunately, false accusations of theft occur more frequently than most people realize. These can arise from personal disputes, misunderstandings, or even malicious intent by accusers seeking revenge or personal gain.
In Pomona’s close-knit communities, interpersonal conflicts sometimes lead to fabricated theft allegations. We carefully investigate the accuser’s motives, inconsistencies in their statements, and any evidence that might support an alternative explanation for the accusations.
If you genuinely believed you had a right to the property in question, you may have a valid “claim of right” defense. This defense applies when you honestly believed the property belonged to you or that you had permission to take it, even if that belief was mistaken.
For example, if you took property from a shared living space believing it was yours, or if you removed items from a former workplace believing you were entitled to them as compensation for unpaid wages, you may be able to assert this defense.
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence against you through an illegal search, that evidence may be suppressed and cannot be used against you at trial.
Common Fourth Amendment violations in Pomona petty theft cases include unlawful detentions by security personnel, searches conducted without proper legal authority, or seizures of evidence without probable cause. If critical evidence is suppressed due to constitutional violations, the prosecution may be unable to proceed with the case.
The prosecution bears the burden of proving every element of petty theft beyond a reasonable doubt. If they cannot meet this high standard, you are entitled to an acquittal. We meticulously examine the prosecution’s evidence, identify weaknesses and gaps, and challenge their ability to prove the case.
This might involve demonstrating that the alleged value of the stolen property is unclear or disputed, that the prosecution cannot prove when the theft occurred or who owned the property, or that witnesses provide inconsistent or unreliable testimony.
Law enforcement and prosecutors must follow specific procedures when investigating and prosecuting criminal cases. Violations of these procedures can result in dismissal of charges or exclusion of evidence.
Examples include failure to properly advise you of your Miranda rights before custodial interrogation, failure to provide discovery materials required by law, or violations of speedy trial rights under California Penal Code Section 1382.
Understanding what to expect during the criminal justice process can help reduce anxiety and allow you to make informed decisions about your case. Here’s what typically happens in a Pomona petty theft case:
Petty theft cases in Pomona typically begin with either an arrest or a citation. For shoplifting, you may be detained by store security and held until Pomona Police Department officers arrive. Officers may arrest you and transport you to the Pomona Police Station for booking, or they may issue a citation requiring you to appear in court at a later date.
During this initial contact with law enforcement, anything you say can be used against you. We strongly advise invoking your right to remain silent and requesting an attorney immediately. Do not make statements, sign any documents, or try to explain what happened without legal representation present.
If arrested, you’ll be taken to the Pomona Police Station or Los Angeles County jail facility for booking. This process involves photographing, fingerprinting, and recording your personal information. For petty theft misdemeanors, you’ll typically be released on your own recognizance (OR release) or after posting bail.
Your first court appearance will be an arraignment at the Pomona Superior Courthouse[2], located at 400 Civic Center Plaza. During arraignment, the judge will inform you of the charges, advise you of your constitutional rights, and ask you to enter a plea (guilty, not guilty, or no contest).
We almost always advise pleading not guilty at arraignment, regardless of the circumstances. This preserves all your rights and defense options while we investigate the case and negotiate with prosecutors.
After arraignment, your case will proceed through several pretrial stages, including discovery (exchange of evidence between prosecution and defense), pretrial motions to suppress evidence or dismiss charges if appropriate, and negotiations with the Los Angeles County District Attorney’s office handling your case.
This is often when the most important work happens. We thoroughly investigate the facts, interview witnesses, review surveillance footage and police reports, and identify all available defenses. We then engage in strategic negotiations with prosecutors to seek dismissal, reduction of charges, or favorable plea agreements.
For first-time offenders with no prior criminal history, we often successfully negotiate entry into pretrial diversion programs. These programs allow you to avoid a criminal conviction by completing specific requirements, such as theft prevention classes, community service, restitution to the victim, and a period of good behavior.
If you successfully complete the diversion program, the charges are dismissed, and you can later petition to have your arrest record sealed. This is often the best possible outcome for individuals facing their first petty theft charge.
If your case cannot be resolved through dismissal, diversion, or plea agreement, it will proceed to trial. For misdemeanor petty theft cases, you have the right to a jury trial or a bench trial (where the judge decides your guilt or innocence without a jury).
We have extensive trial experience in the Pomona Superior Courthouse and are fully prepared to defend you at trial if that’s the best option for your case. Our trial preparation includes crafting compelling opening statements and closing arguments, cross-examining prosecution witnesses to expose weaknesses in their testimony, presenting defense witnesses and evidence, and holding the prosecution to their burden of proving guilt beyond a reasonable doubt.
If you’re convicted after trial or enter a guilty or no contest plea, the case proceeds to sentencing. The judge will consider various factors, including the circumstances of the offense, your criminal history, your personal background, and any mitigating or aggravating factors, before imposing sentence.
We present comprehensive sentencing arguments highlighting mitigating factors and requesting the most lenient sentence possible, often successfully advocating for probation instead of jail time, reduced fines and restitution, and alternative sentences such as community service.
Pomona presents unique circumstances that affect how petty theft cases are prosecuted and defended:
Pomona’s median household income[13] of $62,407 falls below the California state average, with a poverty rate of 17.3% and unemployment rate of 6.3%. These economic challenges can contribute to situations where individuals face criminal charges, and they also affect ability to pay fines and restitution.
We work with clients to develop realistic payment plans and advocate for alternative sentences that don’t impose crushing financial burdens on families already struggling economically.
Pomona is one of the most diverse suburbs in California[1], with residents from numerous ethnic, cultural, and linguistic backgrounds. We provide services in both English and Spanish, ensuring that language barriers don’t prevent clients from receiving quality legal representation.
Cultural factors can also play a role in how cases are investigated and prosecuted, and we’re sensitive to these nuances when building defense strategies and communicating with prosecutors and judges.
Pomona’s retail landscape includes both major national chains and local small businesses. The approach to prosecution can vary depending on whether the alleged victim is a large corporation with dedicated loss prevention staff or a local family-owned business.
We tailor our defense strategy based on the specific circumstances of each case, understanding that prosecutors and judges may view these cases differently depending on the victim and the community impact.
Each courthouse has its own culture, procedures, and personnel. The Pomona Superior Courthouse, located in the East District of Los Angeles County Superior Court, handles thousands of criminal cases annually. Our familiarity with the local judges, prosecutors, and court staff allows us to navigate the system effectively and efficiently.
When you’re facing criminal charges, choosing the right attorney can make all the difference in the outcome of your case. Here’s why Pomona residents trust Tu Defensor Criminalista:
We have extensive experience handling petty theft cases in the Pomona Superior Courthouse and throughout Los Angeles County. We understand the local legal landscape, know the prosecutors and judges, and have developed effective strategies for defending clients in this jurisdiction.
Our familiarity with Pomona’s unique circumstances—from the local retail environment to community demographics—allows us to provide representation that’s tailored to your specific situation.
We’ve successfully defended hundreds of clients facing theft charges, achieving outcomes including complete dismissals of charges, successful diversion program completions, reduction of charges from felonies to misdemeanors, acquittals at trial, and minimal sentencing with no jail time.
While every case is different and past results don’t guarantee future outcomes, our track record demonstrates our ability to effectively advocate for our clients.
We take a holistic approach to criminal defense, addressing not just the immediate criminal charges but also collateral consequences such as immigration issues, employment concerns, and housing challenges. We work to protect every aspect of your life, not just your freedom.
Unlike large law firms where you might be just another case number, we provide personalized attention to every client. We take time to understand your unique situation, concerns, and goals, and we keep you informed throughout every stage of your case.
We’re not afraid to take cases to trial when that’s in our clients’ best interests. While we pursue favorable negotiated resolutions whenever possible, we’re fully prepared to vigorously defend you in court if necessary.
We provide services in both English and Spanish, ensuring that language is never a barrier to quality legal representation. Many Pomona residents appreciate our ability to communicate effectively in their preferred language.
The passage of Proposition 36[6] in November 2024 fundamentally changed the landscape for petty theft prosecutions in Pomona and throughout California. Understanding these changes is critical for anyone facing theft charges.
Since Proposition 36 took effect on December 18, 2024, the Los Angeles County District Attorney’s office has filed over 1,000 felony charges[8] under the new law. This aggressive enforcement approach signals that prosecutors are taking full advantage of the new enhancement provisions.
District Attorney Nathan J. Hochman has stated that his office has “zero tolerance for criminals who flagrantly flout the law and repeatedly steal from local businesses.” This tough-on-crime approach means that anyone with prior theft convictions faces serious felony exposure for even minor new offenses.
If you have prior theft convictions and are facing new charges in Pomona, experienced legal representation is absolutely essential. Our defense strategies include:
Even after a petty theft conviction, California law provides several mechanisms for obtaining record relief:
If you were granted probation and successfully completed it (or completed your sentence if not granted probation), you may be eligible to have your conviction dismissed under Penal Code Section 1203.4[14].
An expungement allows you to withdraw your guilty or no contest plea, have the case dismissed, and releases you from all penalties and disabilities resulting from the conviction. While the conviction will still appear on your criminal record, it will show as dismissed, which can significantly improve your employment and housing prospects.
If you were convicted of a felony petty theft under Proposition 36, you may be eligible to have the felony reduced to a misdemeanor under Penal Code Section 17(b)[15] after completing probation. This can restore certain rights and make you eligible for expungement.
For more serious convictions, a Certificate of Rehabilitation represents an official determination that you have been rehabilitated and can help with employment and other opportunities.
If you were arrested but never convicted, or if your case was dismissed, you may be eligible to have your arrest record sealed under Penal Code Section 851.8 or 851.87, making it inaccessible to most background checks.
Yes. California law requires only that you moved the property with the intent to steal it. You don’t need to leave the store to be charged with theft. If loss prevention personnel observe you concealing merchandise or otherwise taking steps to steal it, you can be arrested and charged even if you’re stopped before exiting.
Under California Penal Code Section 459.5[16], shoplifting is defined as entering a commercial establishment during business hours with intent to commit theft where the value of property taken or intended to be taken is $950 or less. Shoplifting is essentially a specific type of petty theft that occurs in retail settings. The penalties are the same.
Not necessarily. For first-time offenders, especially those charged with misdemeanors involving smaller amounts, jail time is often not imposed. Many defendants receive probation, diversion programs, or alternative sentences. However, each case is different, and outcomes depend on various factors including the specific circumstances of your case, the strength of the evidence against you, your criminal history, and the quality of your legal representation.
Without taking action to remove it, a petty theft conviction stays on your criminal record permanently. However, you may be eligible for expungement under Penal Code Section 1203.4 after completing probation or your sentence, which can significantly mitigate the impact of the conviction.
Petty theft can potentially have immigration consequences, particularly if it’s considered a crime involving moral turpitude (CIMT). While a single petty theft offense is less likely to trigger deportation proceedings, multiple convictions or convictions for theft involving fraud or deception pose greater risks. If you’re not a U.S. citizen, it’s crucial to work with an attorney who understands both criminal and immigration law.
Violating probation can result in your probation being revoked and the court imposing the original suspended sentence, which could include jail time. Common probation violations include failing to complete required classes or community service, getting arrested for new offenses, failing to pay fines or restitution, or failing to appear for scheduled court hearings.
California law allows merchants and their employees to detain suspected shoplifters for a reasonable time to investigate, but only if they have probable cause to believe you attempted to steal merchandise. However, detention must be reasonable in both duration and manner. Excessive or improper detention may violate your rights and can provide grounds for a civil lawsuit.
Courts can order payment plans for restitution based on your ability to pay. We work with clients to establish realistic payment schedules that don’t create undue financial hardship. In some cases, community service can be performed in lieu of monetary restitution.
Your employer may find out through background checks, news reports, or if you’re required to miss work for court appearances. California law provides some protections for employees, but employers can terminate employment for criminal charges or convictions, particularly for theft offenses which directly relate to trustworthiness.
Yes. Video surveillance, while often compelling evidence, is not conclusive proof of guilt. Footage may be unclear, show only partial events, or be subject to interpretation. We examine surveillance evidence carefully to identify weaknesses and challenge its reliability. Many cases with video evidence are still successfully defended or resolved favorably.
The statute of limitations for petty theft misdemeanors is one year from the date of the offense under California Penal Code Section 801[17]. For felony theft charges, the statute of limitations is generally three years. However, there are exceptions and complexities that may extend these time periods.
Yes, there are several paths to dismissal including successful completion of a diversion program, constitutional violations by law enforcement, insufficient evidence to prove the case beyond a reasonable doubt, procedural errors by prosecutors, and successful pretrial motions challenging the charges. We work aggressively to achieve dismissals whenever possible.
Remember:
Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.
English English
Español de MéxicoThank you! We need your help. Would you share your experience on one of these sites?
If you have concerns you wish to address privately
