Petty Theft With a Prior in California: PC 666, PC 666.1, Penalties and Release

Quick answer: In California, “petty theft with a prior” now describes two different laws, and the newer one reaches far more people. Penal Code 666 is the older, narrower rule. It applies only when a person who already has a listed theft-type conviction, and served jail or prison time for it, also falls into one of three groups: registered sex offenders, people with one of the most serious prior felonies (often called “super strikes”), or people with an elder-theft conviction under Penal Code 368(d) or (e). Penal Code 666.1, added by Proposition 36 and in effect since December 18, 2024, applies to anyone with two or more prior convictions for listed theft crimes, including misdemeanor petty theft and shoplifting, who is convicted of a new petty theft or shoplifting. Under either law, a theft of $950 or less that would normally be a misdemeanor can be punished as a felony. Both are “wobblers”: the case can end as a felony or a misdemeanor, depending on how the prosecutor files it and what the judge decides. A first PC 666.1 conviction carries up to one year in county jail or a felony term of 16 months, two or three years. PC 666.1 also requires a judge to review the case before release after an arrest, so families should expect a judge, not just a bail schedule, to decide when and how their loved one gets out.

Updated September 2026. Written for people facing a petty theft charge with a theft record, and for the family members trying to help them. Checked on September 28, 2026 against the California Penal Code, published California Supreme Court decisions, the 2026 bail schedules of the Los Angeles, Orange and Santa Clara County superior courts, and research from the Legislative Analyst’s Office, the Public Policy Institute of California and the California Policy Lab. General information, not legal advice.

This guide explains how a prior record can turn a small theft into a potential felony, and what that means from arrest through sentencing. For bail schedule amounts across California, see our guide to bail amounts by crime in California. For drug charges, see our guide to drug possession bail bonds. If someone was just arrested and you do not know where they are held, start with how to find out if someone is in jail.

Petty Theft With a Prior at a Glance

In this guide: What counts as petty theft | Two laws | Is it a felony? | After an arrest | County schedules | Proposition 36 so far | Diversion and reduction | Old convictions | Examples | Checklist | How Bail Hotline can help | FAQ | Sources

What Counts as Petty Theft in California

California treats theft as one crime with several forms. Under Penal Code 484, theft includes taking someone else’s property, fraudulently keeping property that was “entrusted” to you, and getting money, labor or property through a false or fraudulent representation. The value of what was taken is measured by its “reasonable and fair market value.”

The dividing line between petty theft and grand theft is $950. Penal Code 487 makes theft of money, labor or property “of a value exceeding nine hundred fifty dollars ($950)” grand theft, with separate rules for some kinds of property. Penal Code 488 then says simply: “Theft in other cases is petty theft.”

Penal Code 490.2, added by Proposition 47 in 2014, adds that obtaining property worth $950 or less by theft “shall be considered petty theft and shall be punished as a misdemeanor.” It does not apply to theft of a firearm. It also lets a person be punished as a felony under Penal Code 1170(h) if they have a prior conviction for one of the most serious felonies or for an offense that requires sex offender registration.

The ordinary punishment for petty theft is in Penal Code 490: a fine of up to $1,000, up to six months in county jail, or both.

Shoplifting is its own crime. Penal Code 459.5 defines it as entering a commercial establishment while it is open during regular business hours, intending to steal property worth $950 or less. It is a misdemeanor, with the same exception for super strike and sex offender registration priors. The statute says any act of shoplifting “shall be charged as shoplifting,” and a person charged with shoplifting cannot also be charged with burglary or theft of the same property.

One more Proposition 36 change belongs in this picture. Penal Code 490.3 now allows the value of property taken in “one or more acts of theft or shoplifting” to be combined “into a single count or charge,” with the total used to decide the degree of theft. In practice, several small thefts can be added together, and if the total passes $950, prosecutors can pursue grand theft instead of petty theft. That is a separate path from the prior-conviction laws in this guide, but it can come up in the same cases.

Two Laws Now Cover Petty Theft With a Prior

Penal Code 666 is the older law. Voters amended it through Proposition 47 on November 4, 2014, the measure that made most thefts of $950 or less misdemeanors. People who were serving felony sentences that would have been misdemeanors under Proposition 47’s changes, including the amended PC 666, could ask the court to resentence them under Penal Code 1170.18.

Ten years later, voters approved Proposition 36 at the November 5, 2024 election. It added Penal Code 666.1, which took effect December 18, 2024. The Legislative Analyst’s Office analysis of the measure summarized the change this way: “Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking).” It added: “These changes undo some of the punishment reductions in Proposition 47.” As the sections below explain, the new crime is a wobbler, so a felony is the ceiling, not the only possible result.

Penal Code 666: The Older, Narrower Law

PC 666 has three requirements, and all three must be met.

1. A listed prior conviction. The person must already have been convicted of petty theft, grand theft, elder theft under Penal Code 368(d) or (e), vehicle theft under Vehicle Code 10851, burglary, carjacking, robbery, or a felony violation of Penal Code 496 (receiving stolen property).
2. Time served for that prior. The person must have “served a term of imprisonment” for it in a jail or prison, or been jailed as a condition of probation for that offense.
3. One of three groups. Under subdivision (b), the law applies only to a person who is required to register under the Sex Offender Registration Act, who has a prior serious or violent felony conviction listed in Penal Code 667(e)(2)(C)(iv), or who has a conviction under Penal Code 368(d) or (e).

The list in Penal Code 667(e)(2)(C)(iv) is short and severe. It includes homicide and attempted homicide offenses, solicitation to commit murder, sexually violent offenses, certain sexual offenses against children under 14, and any serious or violent felony punishable in California by life imprisonment or death.

If all three requirements are met and the person is convicted of a new petty theft, PC 666 allows “imprisonment in the county jail not exceeding one year, or in the state prison.” Because the statute does not name a prison term, Penal Code 18 supplies one: 16 months, two or three years. Subdivision (c) adds that PC 666 does not prevent prosecution or punishment under California’s Three Strikes law.

The practical result is that most people with a theft record do not fit PC 666 at all. Someone with a string of shoplifting convictions but no sex offender registration, no super strike and no elder-theft conviction cannot be charged under it. Proposition 36’s new law covers many of those people.

Penal Code 666.1: The Proposition 36 Law

The core sentence of PC 666.1 reads: “Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.”

The listed prior offenses are:

• Petty theft (Penal Code 488 or 490.2)
• Grand theft (Penal Code 487, 487h and the other theft laws in the same chapter)
• Theft from an elder or dependent adult (Penal Code 368)
• Theft or unauthorized use of a vehicle (Vehicle Code 10851)
• Burglary (Penal Code 459)
• Carjacking (Penal Code 215)
• Robbery (Penal Code 211)
• Receiving stolen property (Penal Code 496)
• Shoplifting (Penal Code 459.5)
• Identity theft and mail theft (Penal Code 530.5)

Four details make PC 666.1 much broader than PC 666:

• Misdemeanors count. Petty theft and shoplifting are on the list, and both are usually misdemeanors, so two misdemeanor convictions can be enough.
• No jail time is required. Unlike PC 666, the text of PC 666.1 does not require that the person served time for the priors.
• Older convictions count. The statute applies to the listed offenses “including a conviction that occurred before the effective date of this section.” Its text sets no look-back period.
• No special group is required. PC 666.1 does not depend on sex offender registration, a super strike or an elder-theft conviction.

PC 666.1 also contains three procedural rules that matter to families. Subdivision (b) says a person charged or chargeable under the section “may be referred” by the prosecutor’s office or the county probation department to a theft diversion or deferred entry of judgment program under Penal Code 1001.81, and, if appropriate, to substance abuse treatment. Subdivision (c) says: “Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.” Subdivision (d) says the section does not prevent prosecution or punishment under any other law.

A second or later conviction under PC 666.1 raises the ceiling. It “is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.”

PC 666 and PC 666.1 Side by Side

Is Petty Theft With a Prior a Felony?

It can be, but it does not have to be. Both PC 666 and PC 666.1 allow either up to one year in county jail or a felony term, which makes them “wobblers.” Penal Code 17(b) lists the situations in which a wobbler becomes “a misdemeanor for all purposes,” including:

• when the prosecutor files a complaint “specifying that the offense is a misdemeanor”;
• when the judge decides before trial, “either on its own motion or the motion of a party, that the offense is a misdemeanor”;
• when the judge grants probation and declares the offense a misdemeanor; and
• after a judgment that imposes a punishment other than state prison or county jail under PC 1170(h).

So there are several points where a petty theft with a prior can land as a misdemeanor: when the case is filed, before trial, and at sentencing. A defense lawyer can ask for the reduction, and the judge can decide it on the court’s own motion.

Where Felony Time Is Served

For a first PC 666.1 conviction, a felony sentence is imposed “pursuant to subdivision (h) of Section 1170.” Penal Code 1170(h) sets a term “in a county jail for 16 months, or two or three years,” not state prison, unless its paragraph (3) applies. Paragraph (3) sends the sentence to state prison when the person has a prior or current serious or violent felony conviction, has a similar felony conviction from another jurisdiction, is required to register as a sex offender, or receives an enhancement under Penal Code 186.11.

Paragraph (5) adds a feature many families do not expect. Unless the judge finds it “not appropriate in a particular case,” the judge imposing a 1170(h) term must suspend “a concluding portion of the term,” and the person spends that part on “mandatory supervision” by the county probation department instead of in jail.

PC 666, and a second or later PC 666.1 conviction, allow state prison. Our guide to the difference between jail and prison explains how the two differ, and our guide to how jail time is calculated in California explains how custody time is counted.

Is It a Strike?

A conviction under PC 666 or PC 666.1 is not on California’s serious felony list in Penal Code 1192.7(c) or its violent felony list in Penal Code 667.5(c). But the priors behind the charge might be. Robbery and carjacking appear on both lists, and first-degree burglary is on the serious felony list. Both PC 666(c) and PC 666.1(d) say they do not block punishment under other laws, including the Three Strikes law, and that shows up in real sentences. In the California Policy Lab’s prison data through July 2026, people admitted to prison for PC 666.1 as second strikers had an average sentence of 36.4 months, compared with 22.7 months for people who were not second strikers.

The Prior Is Handled Separately at Trial

In People v. Bouzas (1991) 53 Cal.3d 467, the California Supreme Court held that the prior conviction and incarceration requirement of PC 666 “is a sentencing factor for the trial court and not an ‘element'” that a jury must decide. It also held that the defendant “had a right to stipulate to the prior conviction and incarceration and thereby preclude the jury from learning of the fact of his prior conviction.” In plain English, a person charged under PC 666 can admit the prior outside the jury’s hearing, so jurors decide the new theft without hearing about the old record. Bouzas was decided under PC 666. How the same approach applies to a PC 666.1 charge is a question for the defense lawyer in the case.

What Happens After an Arrest for Petty Theft With a Prior

The process follows the same broad steps as any California arrest, but a theft record changes several of them.

1. Booking. The booking record lists the charges the arresting agency used. The prosecutor decides later what to file, so the booked charge and the filed charge can differ. A PC 666.1 booking does not guarantee a felony complaint, and a plain petty theft booking does not rule out a PC 666.1 complaint once the prosecutor reviews the record.
2. The first release decision. This is where PC 666.1 changes the most. On a PC 666.1 arrest, the law requires judicial review before release. How that review happens depends on the county, as the table below shows.
3. Arraignment. Under Penal Code 825, a person in custody must be taken before a judge “without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.” Our guide to how long it takes to see a judge explains the timing, and our guide to getting bailed out on the weekend covers weekend arrests.
4. The judge’s release decision. Once the person is in court, the judge decides release. Under Penal Code 1275, a judge setting, reducing or denying bail must consider “the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial,” and public safety is “the primary consideration.” For a charge built on prior convictions, the record is part of the case by definition. The California Supreme Court held in In re Humphrey (2021) that when money bail is necessary, the court must consider the person’s ability to pay and may not keep someone in jail solely because they cannot afford bail.
5. If the case is filed as a misdemeanor. Penal Code 1270 says a person arraigned in custody on a misdemeanor “shall be entitled to an own recognizance release” unless the court finds, on the record, that release would compromise public safety or would not reasonably assure the person’s appearance. Our guide to release on your own recognizance explains how that kind of release works.

If there will be a contested release hearing, our guide on how to prepare for a bail hearing in California explains how families can get ready.

How Three County Bail Schedules Treated It in 2026

Each superior court adopts its own bail schedule, and the differences are large. These three schedules were read on September 28, 2026.

A few points help make sense of the table:

• Los Angeles. The Los Angeles schedule sorts many lower-level offenses into three groups: cite and release, book and release, and magistrate review. For magistrate review offenses, “release conditions, if any, will be determined by a magistrate,” who may release the person on their own recognizance, release them on non-financial conditions, or defer release to arraignment after finding by clear and convincing evidence that safety or court appearance cannot reasonably be assured. The schedule says the court “has magistrates available 7 days a week, 24 hours a day.”
• Orange County. The Orange County schedule ties PC 666.1 bail to the potential sentence or the loss. Its general table lists $20,000 for an offense with a three-year top term. It also says that at and after a defendant’s first appearance, the amount of bail “shall lie with the sound discretion of the judicial officer.”
• Santa Clara County. The Santa Clara schedule lists a misdemeanor or felony offense charged with PC 666.1 among the cases in which the defendant “is not to be released without judicial review.”

Schedules change, so treat these as dated examples, not a promise of what bail will be today. For other counties, see our guide to bail amounts by crime in California, and for how bail deviation works in Los Angeles, see our guide to bail deviation in Los Angeles.

Why the Rest of the Record Matters

For someone with priors, the new theft charge may not be the only thing that controls release. The Los Angeles schedule, for example, says a person booked on a book-and-release offense who is “on an active grant of felony probation, parole, or PRCS at the time of the offense” shall be referred to a magistrate for review. So shall someone booked on certain offenses who failed to appear, resulting in a warrant, three or more times in the three years before the arrest. When a person is booked on several charges with different release rules, the schedule applies the strictest one, and when another charge or enhancement requires money bail, that bail controls.

In practice, families should ask three questions early: Is there a probation or parole hold? Are there older warrants, especially for missed court dates? Are there other charges from the same arrest? Our guides to probation violations in California, posting bail on an outstanding warrant and what happens after a failure to appear explain each of those problems.

How Proposition 36 Is Playing Out

Proposition 36 gave prosecutors a new option, and early data shows counties using it very differently.

• Early filings. The Public Policy Institute of California reported on April 23, 2025 that a Judicial Council survey, conducted in the second half of February 2025 and covering most counties, found “about 1,500 theft and 1,900 drug cases” filed using the new law’s felony charges. PPIC found that Proposition 36 felony filings (drug and theft combined) per 100,000 residents ranged from 24 in Kern County and 19 in Orange County to about 2 in Fresno and San Francisco counties. In Alameda, Sacramento and Contra Costa counties, PPIC wrote, “the emphasis so far is on theft.”
• Prison admissions. The California Policy Lab’s July 2026 update, published August 31, 2026, reported that since January 2025, “1,183 people were admitted to CDCR custody with PC § 666.1 as the controlling offense,” meaning it was their most serious conviction. That was 2.9% of all prison admissions in the period. As of July 2026, 724 people were in state prison for PC 666.1 cases, 0.8% of the prison population. The average sentence was 27.5 months and the median 24.0 months, and 34.8% of those admitted were second strikers.
• What the numbers leave out. The Policy Lab data covers state prison only. It does not count PC 666.1 cases that ended in county jail under PC 1170(h), probation, diversion or a misdemeanor, all of which the statute allows for a first PC 666.1 conviction.
• The forecast. Before the election, the Legislative Analyst’s Office estimated that the measure’s changes together could increase the prison population “by around a few thousand people.”

In Their Words

The measure’s supporters and critics described its purpose very differently. Speaking to CalMatters in December 2024, Yolo County District Attorney Jeff Reisig called the vote “a clear mandate from the public that we need to take a new approach on public safety issues.” Cristine Soto DeBerry, executive director of the Prosecutors Alliance of California, which opposed the measure, told the same outlet: “I don’t believe the mandate was (to) put more people in prison.”

For a family, the takeaway is practical rather than political. Whether a petty theft with priors is filed as a felony depends heavily on the county and on the prosecutor’s charging choices, which is one more reason to get a defense lawyer involved early.

Diversion, Reduction and Other Outcomes

A PC 666 or PC 666.1 charge does not always end in a felony conviction. Several routes can change the outcome, and a defense lawyer is the right person to judge which ones fit.

• Theft diversion under PC 1001.81. Penal Code 1001.81 lets a city or county prosecutor or county probation department create a diversion or deferred entry of judgment program “for persons who commit a theft offense or repeat theft offenses.” In deciding whether to refer a case, the agency considers factors such as a risk and needs assessment, the person’s willingness to do community service or pay restitution, underlying substance abuse or mental health needs, and whether the person has “a violent or serious prior criminal record” or failed a diversion program before. A written agreement can require completing the program and paying restitution. The referral decision belongs to the prosecutor or probation department, and the law’s note says the section is repealed as of January 1, 2031.
• Misdemeanor diversion by a judge. If the case is filed as, or reduced to, a misdemeanor, Penal Code 1001.95 lets a judge offer diversion “over the objection of a prosecuting attorney” for up to 24 months. If the person completes it, the judge “shall dismiss the action.” The law excludes offenses that require sex offender registration, domestic violence offenses and stalking. Ask the defense lawyer whether it is available in the specific case.
• Reduction to a misdemeanor. As explained above, PC 17(b) gives the prosecutor and the judge several chances to treat the offense as a misdemeanor.
• Immigration advice. For anyone who is not a U.S. citizen, Penal Code 1016.3 requires defense counsel to “provide accurate and affirmative advice about the immigration consequences of a proposed disposition.” Raise this before any plea.

Nobody can predict the result of a particular case from its charge alone. The facts, the record, the county and the lawyers all matter.

Do Old, Expunged or Reduced Convictions Still Count?

This is one of the most common questions families ask, and the answer is often yes.

• Expunged convictions. California’s dismissal laws, Penal Code 1203.4 for people who completed probation and Penal Code 1203.4a for certain misdemeanors, both release people from many penalties. But both also say that in any later prosecution, “the prior conviction may be pleaded and proved.” A dismissed theft conviction can still be alleged as a prior.
• Convictions reduced under Proposition 47. A felony reduced under PC 1170.18 is “a misdemeanor for all purposes,” with a firearm exception. Under PC 666.1, though, misdemeanor petty theft and shoplifting are themselves listed priors, so a reduction to a misdemeanor does not by itself appear to take a theft conviction off the PC 666.1 list. The defense lawyer should review each prior.
• Very old convictions. PC 666.1 counts convictions from before it took effect and sets no look-back period in its text.
• Convictions without jail time. They matter under PC 666.1, which has no time-served requirement. They do not satisfy PC 666, which does.

The most useful thing a family can do is help the lawyer find the facts: the county, case number, date and outcome of each prior, and whether any was dismissed, reduced or sealed.

How This Plays Out: A Real Case and Four Hypothetical Examples

A Real Case: People v. Bouzas

In the Tulare County case that became People v. Bouzas, a pharmacist and a clerk at a drugstore noticed a man standing near the pharmacy area “for an unusual amount of time.” They then saw him enter an area not open to the public and pick up “a pack of 10 syringes.” He was charged with petty theft with a prior under PC 666, and at trial the jury learned that he had a prior robbery conviction. The California Supreme Court, in a unanimous opinion issued April 18, 1991, held that he had a right to stipulate to the prior and keep it from the jury, found “a reasonable probability of a different verdict had the jury not been informed of defendant’s prior robbery conviction,” and reversed the Court of Appeal’s judgment. The lesson for families is that the prior record is handled with special rules, and a skilled lawyer uses them.

Hypothetical 1: Two Old Shoplifting Convictions and a New $60 Theft

This example is hypothetical. Maria has misdemeanor shoplifting convictions from 2019 and 2022 and served no jail time for either. In 2026 she is arrested for taking $60 of groceries. Because she has two listed priors and the new offense is petty theft or shoplifting, PC 666.1 can apply, even though neither prior involved jail. If she is booked under PC 666.1, a judge must review her case before she is released. The prosecutor may file the case as a felony, file it as a misdemeanor, or refer her to a theft diversion program if the county has one. Her lawyer can also ask the judge to treat the offense as a misdemeanor under PC 17(b).

Hypothetical 2: One Prior With Jail Time

This example is hypothetical. Devon has one prior petty theft conviction from 2018, for which he served ten days in county jail. He is not a registered sex offender and has no super strike or elder-theft conviction. PC 666 does not apply, because he is not in any of its three groups. PC 666.1 does not apply either, because he has only one listed prior. His new theft of $200 is ordinary misdemeanor petty theft, and if he is still in custody at arraignment, PC 1270 makes own-recognizance release the default unless the judge makes the required findings.

Hypothetical 3: A Theft Arrest While on Felony Probation in Los Angeles

This example is hypothetical. Andre has two prior theft convictions and is on felony probation when he is arrested in Los Angeles County for shoplifting and booked under PC 666.1. Under the county’s 2026 schedule, the PC 666.1 charge would send his release to a magistrate for review, and the schedule separately refers people on felony probation to a magistrate even for offenses that would otherwise be book and release. His probation officer may also start a violation proceeding in the older case. His family should ask about both cases, not just the new charge. Our guide to probation violations in California explains the second process.

Hypothetical 4: Three Small Thefts Added Together

This example is hypothetical. Keisha is accused of taking about $400 of merchandise from the same chain on each of three occasions. Under PC 490.3, the prosecutor can combine the values into a single charge, and a total above $950 can support a grand theft charge instead of three petty thefts. If she also had two listed priors, the prosecutor would have two separate tools, aggregation and PC 666.1, to consider.

What Families Should Do

1. Find out where your loved one is held. Use the county inmate locator or our California inmate locator guide. Write down the booking number.
2. Write down the exact charges. PC 488, 490.2, 459.5, 666 and 666.1 lead to very different release paths. Ask whether PC 666.1 is on the booking record.
3. Ask when the judge’s review will happen. On a PC 666.1 arrest, release waits for judicial review. Ask the jail or court whether review happens before arraignment in that county or at arraignment.
4. Check for holds and other cases. Ask about probation or parole holds, older warrants and other charges from the same arrest. Any of them can control release.
5. Gather information about the priors. For each prior theft conviction, note the county, year, case number, outcome and whether jail was served or the case was later dismissed or reduced.
6. Get a defense lawyer or public defender involved early. Ask about misdemeanor filing, PC 17(b) reduction, theft diversion, misdemeanor diversion, stipulating to the priors and, for non-citizens, immigration consequences.
7. Prepare for the release decision. Judges consider public safety, the record and the likelihood of returning to court. Proof of stable housing, work, family support or treatment enrollment can help the lawyer answer those questions.
8. Understand any bail before you sign. If a judge sets money bail and you plan to cosign a bond, learn your role as a bail bond cosigner first, and see what you need to get a bail bond.
9. After release, protect the case. Keep every court date, follow every condition and avoid any new arrest. A missed date can bring a warrant and new charges.

How Bail Hotline Can Help

Everything above this section is written to be useful whether or not you ever call us. This is the one place we talk about ourselves.

Bail Hotline is a family-owned bail bond company that has served California families since 2004. We are licensed through our parent company, DMCG, Inc., with the California Department of Insurance (license #1845394). Reach us 24 hours a day, 7 days a week, at (888) 958-1228.

Arrested for Theft With a Record? This Is Where We Help Most

A petty theft arrest for someone with priors is confusing in a way a first arrest is not. The booking record may list PC 666 or PC 666.1, a judge may have to review the case before release, and a probation hold or an old warrant can surface at the same time. Families are often left waiting without knowing what is happening. That is exactly the moment we are built for.

• Jail information quickly, at no charge. Our agents gather inmate information for all jails quickly and at no charge, and every Bail Hotline office holds accounts with the jail systems. We can help you learn where your loved one is and what they were booked for.
• Ready the moment bail is set. When a magistrate or judge sets bail, our dedicated posting agents work around the clock, including nights, weekends and holidays.
• Warrant walk-throughs. A theft record can come with an older warrant for a missed court date. If you think there is one, we walk you through the steps to address it.
• Out-of-county is not an automatic no. Priors and warrants from other counties can come up in these cases. A large, complicated or out-of-county bond is not an automatic no for us.
• Every cosigner is walked through the agreement. Before anyone signs, an agent explains what the cosigner is agreeing to and answers questions.

Every case is different. A judge decides whether, when and on what terms someone arrested for petty theft with a prior is released, and we cannot promise approval, a release time or any result in the case. If the court releases your loved one on their own recognizance or with no money bail, there may be nothing to post.

After Release: Keeping the Case on Track

• Text court-date reminders. We send text reminders of court dates, because a missed date on a theft case can add a warrant and new charges to a record that already matters.
• Signing out of a bond. A cosigner may be able to sign out of a bond that is in good standing, meaning there are no past-due payments and the defendant has not missed court or daily online check-ins. We explain how it works case by case. See our guide to removing a cosigner’s name from a bail bond.

Find more offices in our locations directory, start online with online bail bonds, or read quick answers in our bail FAQ.

Frequently Asked Questions

What is petty theft with a prior in California?

It is a petty theft (property worth $950 or less) that can be punished more severely because of the person’s prior convictions. California has two versions. PC 666 covers people with a listed prior they served time for who are also registered sex offenders, have a super strike prior, or have an elder-theft conviction. PC 666.1, added by Proposition 36, covers anyone with two or more listed prior theft convictions who is convicted of a new petty theft or shoplifting.

Is petty theft with a prior a felony?

It can be charged and punished as a felony, but it is a wobbler, so it can also end as a misdemeanor. The prosecutor can file it as a misdemeanor, and the judge can reduce it under PC 17(b) before trial, when granting probation or through the sentence imposed. A first PC 666.1 felony carries 16 months, two or three years under PC 1170(h).

How many prior theft convictions does it take for petty theft to become a felony?

Under PC 666.1, two or more prior convictions for listed theft crimes, which can include misdemeanor petty theft and shoplifting. Under PC 666, one listed prior is enough, but only if the person served time for it and is in one of the law’s three groups. Someone with one theft prior who is not in those groups generally faces an ordinary misdemeanor.

What is the difference between PC 666 and PC 666.1?

PC 666 is narrow: it requires time served on a prior plus sex offender registration, a super strike or an elder-theft conviction. PC 666.1 is broad: it requires two or more listed theft priors, with no time-served requirement and no special group. PC 666.1 also covers new shoplifting charges, requires a judge’s review before release after an arrest, and mentions referral to theft diversion.

Can you get out of jail after an arrest for petty theft with a prior?

Release is possible, but it is not automatic, and the path depends on the county and the charge. On a PC 666.1 arrest, the law requires a judge’s review before release. In 2026, Los Angeles treated PC 666.1 as a magistrate review offense with $0 bail but conditions set by a magistrate, Orange County required a magistrate’s approval to post bail, and Santa Clara County listed $5,000 with judicial review. At arraignment, the judge decides release using public safety, the record and the likelihood of returning to court.

Does an expunged theft conviction still count as a prior?

Often, yes. California’s dismissal laws, PC 1203.4 and 1203.4a, say that in any later prosecution the prior conviction “may be pleaded and proved.” A dismissed theft conviction can therefore still be alleged under PC 666 or PC 666.1. A defense lawyer should review how each prior was resolved.

What is the maximum sentence for petty theft with a prior?

Before any other enhancement, the felony range for PC 666, and for a second or later PC 666.1 conviction, is 16 months, two or three years in state prison. A first PC 666.1 conviction carries up to three years under PC 1170(h). That term is served in state prison if PC 1170(h)(3) applies, for example because of a serious or violent felony prior. Otherwise it is served in county jail, and the judge normally suspends a concluding portion for mandatory supervision. Three Strikes and other laws can add more, and second strikers in the California Policy Lab’s data received longer average sentences.

Is petty theft with a prior a strike?

No. PC 666 and PC 666.1 are not on California’s serious felony list in PC 1192.7(c) or its violent felony list in PC 667.5(c). A prior strike, such as a robbery, can still increase the punishment for a new PC 666.1 conviction under the Three Strikes law.

Does shoplifting count as a prior theft conviction?

For PC 666.1, yes. Shoplifting under PC 459.5 is on the list of qualifying priors, and a new shoplifting charge can itself be the offense that triggers PC 666.1. PC 666’s list of priors does not name shoplifting, and PC 666 applies only to a new petty theft.

Can a petty theft with a prior charge be reduced to a misdemeanor?

Yes, in many cases. The prosecutor can file the case as a misdemeanor, and the judge can declare it a misdemeanor under PC 17(b) before trial, at a grant of probation or through the sentence. Diversion under PC 1001.81 or, for misdemeanors, PC 1001.95 may also be possible. Whether any of these fit depends on the facts and the record.

Why We Publish This

The words “petty theft” make many families assume a quick release and a small consequence. With a prior record, that is no longer safe to assume in California, and the rules changed again in December 2024. We publish this guide so families can see the actual statutes, the dated county rules and the real data in plain English, and know which questions to ask before the first court date. This guide is general information, not legal advice. For advice about a specific case, talk to a California criminal defense lawyer or the public defender.

Sources and Further Reading

California statutes (official text)

• Penal Code 17 (felony and misdemeanor classification; wobbler reduction)
• Penal Code 18 (default felony terms)
• Penal Code 484 (definition of theft)
• Penal Code 487 (grand theft)
• Penal Code 488 and Penal Code 490 (petty theft and its punishment)
• Penal Code 490.2 (theft of $950 or less, Proposition 47)
• Penal Code 490.3 (aggregation, Proposition 36)
• Penal Code 459.5 (shoplifting)
• Penal Code 666 (petty theft with a prior)
• Penal Code 666.1 (theft with two or more priors, Proposition 36)
• Penal Code 667 (Three Strikes; super strike list)
• Penal Code 667.5 and Penal Code 1192.7 (violent and serious felony lists)
• Penal Code 825 (time to arraignment)
• Penal Code 1001.81 (theft diversion) and Penal Code 1001.95 (misdemeanor diversion)
• Penal Code 1016.3 (immigration advice)
• Penal Code 1170 (county jail felonies and mandatory supervision)
• Penal Code 1170.18 (Proposition 47 resentencing)
• Penal Code 1203.4 and Penal Code 1203.4a (dismissal relief)
• Penal Code 1270 and Penal Code 1275 (own-recognizance release and bail factors)

Court decisions

• People v. Bouzas (1991) 53 Cal.3d 467
• In re Humphrey (2021) 11 Cal.5th 135

Court bail schedules (2026)

• Superior Court of Los Angeles County, 2026 Felony Bail Schedule (effective January 1, 2026)
• Superior Court of Orange County, 2026 Uniform Bail Schedule (effective January 1, 2026)
• Superior Court of Santa Clara County, 2026 Criminal Bail Schedule (effective January 27, 2026)

Research and data

• Legislative Analyst’s Office, analysis of Proposition 36 (November 5, 2024 ballot)
• Public Policy Institute of California, “Early Implementation of Prop 36 Varies Widely across Counties” (April 23, 2025)
• California Policy Lab, “Prop 36 (2024) Prison Data: July 2026 Update” (August 31, 2026)

Reporting

• CalMatters, Cayla Mihalovich, reporting on Proposition 36 and California’s new theft laws (December 27, 2024)