What is the penalty for misdemeanor petty theft?

Petty theft is a misdemeanor crime in all states, and a petty theft misdemeanor carries a variety of penalties depending on where the crime is committed as well as other conditions like the value of the items stolen, and the criminal record (if any) of the individual involved. For the most part, petty theft penalties can range from probation to fines to jail time, and will vary from situation to situation. Because petty theft is considered a relatively minor crime – the definition of the term is a theft involving items with a value of $500 or less – the punishment is not typically severe. However, it can increase rather quickly for repeat offenses or those with aggravating circumstances; in fact, repeat offenders may find themselves facing felony charges and greatly extended jail sentences, as well as multiplying fees.

A few sample penalties and the states where they exist are listed below. These are random examples and are meant to give you an idea of the range of possible consequences for misdemeanor petty theft.

Alabama:

• Fine of $150 plus the cost of the stolen goods
• Jail time may be included; varies by case
• Average of 3 years’ probation

California

• Fines of $50 to $1,000
• Average jail time of 6 months
• 1 year of informal probation

Indiana

• Fines up to $500
• Jail time up to 30 days
• Probation up to 30 days
• Likely community service; minors may be sentenced to classes

Iowa

• Fines from $100 to $340
• Attendance at a weekend program
• 2 years’ probation with an outreach program
• Weekend program compliance keeps charge off of criminal record 

Kentucky

• Fines of $150 or more
• Jail time up to 30 days
• 2 years’ probation
• Banned from location where theft took place

Rhode Island

• Fines up to $5000
• Up to 5 years in prison
• Probation of 1/3 jail sentence

As you can see, the rules differ by state. As such, it is in your best interests to contact a lawyer where you live for guidance and advice if you are facing petty theft charges.