Is penal code 484 a misdemeanor or a felony.

Asked about 5 years ago - Ontario, CA

My son was charged with penal code 484 coded as F( felony). The case has since been closed with a lessor charge but the 484 pc coded as F is keeping him from joining the US Navy. Can this be corrected.

Attorney answers (1)

  1. David S. Kestenbaum

    Pro

    Contributor Level 13

    Answered . In California, Penal code section 484 is Petty Theft, and is only a MISDEMEANOR. however, if someone has a prior theft related conviction, and is arrested for Petty Theft, the prior elevates it to a felony, Penal code section 666/484, commonly referred to as Petty Theft with a Prior. That charge is a wobbler, meaning it is both a felony or a misdemeanor. If your son was placed on probation and completed it without any violations, even if it was a felony, it can then be reduced to a misdemeanor and expunged, although the Navy would still be aware of it. If he was denied probation and sent to prison, it is a felony and cannot be reduced.

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