Legal Question in Criminal Law in California

It really depends on the judges discretion. If the judge feels the 4 year old theft is recent enough to make it seem like your girlfriend has a "habit" of petty theft, he could use that in his sentencing. If I were her, I would not show up by myself. I would get a local Criminal Law attorney. A public defender is always an option but sometimes some lawyers are better than others in these cases. Not sure how much she can afford but those would be the options.

It may be treated as a "petty" with a prior depending on what the theft related "stuff" was in the past. She should at least consult with an attorney and if she cannot afford one, she can ask the court to appoint the public defender.

The good news is that the law changed a few years ago and except in some circumstances, it would take three prior thefts to make a new one a potential felony.

Then it got even better with the very recent passage of Prop 47. Now, unless she has a prior strike or certain sex offenses, a new petty theft is always a misdemeanor.

Having said that, her past will hurt her and can be considered for sentencing. She will not be treated the same way a first offender would. For that reason she needs a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.