In the eyes of the law, a split-second decision or a simple misunderstanding can escalate into a life-altering theft charge. From petty shoplifting and larceny to sophisticated embezzlement or robbery involving large sums of money, individuals accused of theft often face lasting consequences that affect employment, housing, and reputation, even after the case has concluded. The legal system usually views these offenses through the lens of “criminal intent,” but the reality is rarely that black-and-white.
As you will see below, theft charges can be prosecuted as either a misdemeanor or a felony, depending on the circumstances. A conviction could result in serious consequences. At Leah Legal Criminal Defense Attorney, our Los Angeles team will assist you in defending your rights and your future by providing an aggressive and strategic defense.
Petty Theft (PC 484/488) and Shoplifting (PC 459.5)
The legal distinction between petty theft and shoplifting is defined by statutory elements, like intent, location, and the value of the alleged offense. You could face petty theft charges under the following:
- Penal Code 484, which covers the broad term of unlawful taking of property,
- Penal Code 459.5, which defines shoplifting as an entry into a commercial establishment during regular business hours
These two types of crimes also have a legal border, defined by the creation of a $950 threshold in Proposition 47. This measure stipulates that stealing any property or merchandise that you are charged with stealing with a price of less than this value would amount to a misdemeanor and not a felony.
This $950 threshold is the principal threshold distinguishing between misdemeanor and felony theft, so that property crimes of lower value fall under the misdemeanor domain. Prosecutors use this valuation to decide whether to press charges against you under petty theft or shoplifting laws. This is because amounts exceeding $950 could result in grand theft or burglary charges, depending on intent and circumstances.
To secure a conviction for petty theft under PC 484, the prosecution has to demonstrate several key legal requirements against you, namely:
- You took property belonging to another individual without their permission
- You moved the property, even a small distance (asportation)
- You intended to permanently deprive the owner of the property permanently or for an extended period
- The property allegedly taken is worth $950 or less
The particular aspects of shoplifting, according to Penal Code 459.5, differ in that they revolve around when you enter a business. A jury is likely to convict if the prosecution demonstrates the following beyond a reasonable doubt:
- You were in a commercial establishment (a business open to the public that sells goods or services)
- It was the regular business hours when you entered the establishment
- You came in with the express intent to commit larceny (theft)
- The property taken or that you planned to take is not worth more than $950
This difference is critical. It helps the state avoid accusing you of a more serious commercial burglary involving typical retail theft, as long as the business was not closed and the amount did not exceed $950. When the evidence indicates that you developed the intent to steal after you entered the store (after-entry intent), or when the theft was not committed in a commercial establishment, the state usually charges you with general petty theft under PC 484 and 488.
Both convictions of misdemeanor petty theft and shoplifting have standardized penalties that focus on local rehabilitation and monetary restitution. If convicted, you could face:
- Up to six months of county jail
- Up to $1,000 in fines, among other court-imposed penalty payments
- Informal (summary) probation for a period of one to three years
- Restitution payments to the victim for the market value of the stolen or damaged property
- Potential stay-away orders that will not allow you to go back to the victimized location
In addition to conventional sentencing, you can also be considered for petty theft diversion programs if you are a first-time offender. With these programs, you can earn a dismissal upon successful completion of diversion requirements, which may include:
- Theft prevention classes
- Community service
- Counseling
The diversion will prevent prosecution and give you another avenue to address the misconduct without a criminal record. This will help your future employment and housing prospects.
Grand Theft (PC 487)
The charge elevates to grand theft under Penal Code 487 when the value of the property exceeds $950. This wobbler crime allows prosecutors to pursue misdemeanor or felony charges. Theft of certain items, such as firearms, vehicles, and certain animals, qualifies as grand theft regardless of their value. Theft directly from a person also qualifies as grand theft.
The prosecution must show that you took possession of another person’s property without authorization, transferred it, and intended to deprive the owner of it to secure a permanent conviction. They should also demonstrate that the value exceeds $950 or falls into a specialized category. When it comes to related thefts aggregated over 12 months that exceed $950, they can be counted as one instance of grand theft.
Punishments for misdemeanors include the following:
- Up to one year in county jail
- Up to $1,000 in fines and informal probation
Felony penalties include:
- 16 months, 2 years, or 3 years of incarceration
- Fines of up to $10,000 and official supervision
- Permanent loss of firearm rights
Theft of a firearm is always pursued as grand theft. However, it is not automatically a strike and does not mandate a state prison sentence. Other types of felonies can also lead to incarceration in the county jail under “Realignment” (AB 109). This law often results in split sentences, which require probation supervision.
In addition to the conventional sentencing, you can also take part in petty theft diversion programs, assuming that you are a first-time offender. These programs enable you to complete certain conditions, including attending theft prevention school, performing community service, or receiving counseling, to have your charges dismissed. Completing a diversion effectively stops the prosecution and preserves your future employment and housing opportunities from the burden of a permanent criminal record.
Robbery (PC 211) and Carjacking (PC 215)
The state categorizes robbery and carjacking as violent felonies, which is different from common theft through the use of force or fear.
- Robbery
Under Penal Code 211, you commit robbery when you take another person’s personal property from their immediate presence against their will by the use of force or by fear. A critical nuance is the “Estes robbery” doctrine. If you initially intend to shoplift but use force against a security guard to retain the goods or escape, the crime elevates from a misdemeanor to a violent felony strike.
To prove you guilty of robbery, the prosecution must prove the following:
- You took the property of another person in their presence or possession without their consent
- You used force or fear to steal the property or to avoid resistance
- You intended to deprive the owner permanently
Robbery falls under two categories. The difference between first-degree and second-degree robbery in California depends on where the robbery occurred or on the identity of the victim. Every robbery (Penal Code 211) is a felony. However, the degree of your offense will dictate the amount of time you spend in prison.
First-Degree Robbery (PC 212.5)
Robbery in the first degree applies when the victim is particularly vulnerable or the place is very private. For an act to be deemed a first-degree robbery, it must fall under any of the following three circumstances:
- Inhabited structures — The robbery occurred within a dwelling that is inhabited, for example, a house, apartment, trailer, or even a boat, to which someone lives
- Public or hired transportation — The victim was a driver or a passenger on a bus, taxi, cable car, streetcar, subway, or a transportation-for-hire, like an Uber or Lyft
- ATM vicinity — First-degree robbery occurs when the victim is using an ATM or is still within the ATM’s vicinity
The punishment for first-degree robbery is:
- 3, 4, or 6 years of state prison
- If you do it in concert with two or more individuals in a residential house, the sentence is 3, 6, or 9 years.
Second-Degree Robbery
Second-degree robbery, by definition, includes any robbery that fails to qualify as first-degree robbery. Common examples include:
- Mugging someone on a public sidewalk or in a park
- Burglary of a retail outlet or a gas station
- Purse snatching in a parking area
If convicted, you will face 2, 3, or 5 years in state prison
b. Carjacking
Carjacking is a grave felony. Penal Code 215 defines it as the unlawful taking of a vehicle in the possession of another person, against their will, with the intent to permanently or temporarily take it away.
To prove you guilty of carjacking, the prosecution must establish the following:
- You stole a motor vehicle in the presence of the individual who owned it
- The taking was done by force or fear
Punishment for carjacking is 3, 5, or 9 years of state prison.
Being characterized as violent under the Three Strikes Law, there is no option. You will be required to serve at least 85% of your sentence if you are classified as a violent felon. If you used a gun while committing any of the offenses, you will face 10 to 20 years of life imprisonment with firearm enhancements. This could add decades to your sentence.
Beyond traditional sentencing, you would be eligible for petty theft diversion programs if you are a first-time offender with non-violent offenses. Through these programs, you can satisfy requirements like counseling or community service to have your charges dismissed, rather than leaving your record with the stigma of a permanent criminal conviction.
Residential vs. Commercial Burglary
Penal Code 459 involves breaking into a structure or a locked vehicle to commit a felony or steal from it. In California, this crime is divided into degrees depending on the kind of structure one enters.
First-degree (residential) burglary is the entry of a dwelling (a place where people live) by a burglar. This does not mean they are present at the time. It is a felony and is a strike offense. Commercial (second-degree) burglary involves any building (store or office) in which the intent is to commit theft, any felony, or an offense outside business hours.
The prosecution needs to demonstrate that you are guilty of burglary to secure a conviction by proving the following:
- You entered into a building, structure, or locked vehicle
- At the time you entered, you had planned to steal something or commit a felony
Auto burglary requires proof that the vehicle was locked. If you reach into an open window or enter an unlocked door, you may face theft charges, but you have not committed auto burglary
Penalties for burglary include the following:
- First-degree (residential) — 2, 4, or 6 years in state prison (felony)
- Second-degree (commercial) — This is a wobbler offense with a maximum sentence of 1 year of jail (misdemeanor) or 16 months, 2, or 3 years in prison (felony).
Embezzlement (PC 503) and White Collar Theft
Embezzlement is the theft of property you were legally entrusted with through fraud. It is worth noting that the initial possession was legitimate, for example, an employer providing an employee with access to an account in a company, unlike in standard larceny.
Prosecutors must demonstrate:
- There was a relationship of trust between the two parties: you and the owner
- The owner (the person who entrusted their property) put the property in your hands due to that trust
- You used the property to your advantage with the intent to deprive the owner.
If convicted, the penalties are based on the value of the property and are similar to those for petty theft (less than $950) or grand theft (more than $950). Embezzlement is a wobbler. This means you could face misdemeanor or felony charges.
If you are convicted of two or more related felonies involving fraud or embezzlement that result in significant financial loss, you will face the “freeze and seize” law. This allows the state to seize your assets during trial and impose compulsory consecutive jail time:
- For losses greater than 100,000, you will face 1 to 2 years of state imprisonment
- For losses over $500,000, 2, 3, or 5 years in state prison
An embezzlement conviction often includes a restitution order. This requires you to reimburse the full amount stolen, along with interest and possibly civil fines. These monetary requirements are lifelong where high-value thefts are concerned.
Receiving Stolen Property (PC 496)
You commit a crime under Penal Code 496 when you purchase, accept, hide, or withhold an item that you are aware was stolen or was obtained through extortion. Crucially, the prosecution does not have to prove you committed the original theft. They only need to prove that you possessed the goods and knew, or reasonably should have known, their stolen nature.
Receiving stolen property is a wobbler offense. If the value of the property is less than $950, it is a misdemeanor. Above $950, you could face prosecution for misdemeanor charges. A conviction will result in the following penalties:
- Misdemeanor — 1 year in county jail and a fine of $1,000
- Felony — 16 months, 2 years, or 3 years in county jail and a fine of $10,000
A unique and devastating aspect of PC 496(c) is the civil remedy available to victims. The victim of stolen property can sue you in civil court for three times the amount of actual damages (treble damages), plus their reasonable attorney’s fees and court costs. This often results in financial judgments far exceeding the property’s original value, regardless of whether you are also facing criminal charges.
Automobile Crimes: Grand Theft Auto vs. Joyriding
California differentiates two categories of vehicle theft depending on your motive: grand theft auto (GTA) under Penal Code 487(d)(1) and joyriding under Vehicle Code 10851.
- Grand theft auto (PC 487) — For the jury to find you guilty of GTA, the prosecution has to prove that you intended to steal and keep the vehicle of its owner permanently. If convicted, you could face up to 16 months, 2 years, or 3 years in county jail for a felony. Fines can reach $10,000.
- Joyriding (VC 10851) — Joyriding is stealing or driving a car against the owner’s consent to deny the owner possession either in the short run or permanently. This is a “wobbler” offense. A misdemeanor is punishable by up to 1 year in jail, whereas a felony is punishable by up to 3 years in jail.
If you had a preceding felony conviction of vehicle theft, your sentence would increase significantly under PC 666.5. Rather than 2, 3, or 4 years in state prison on a second occurrence, you go on to serve 2, 3, or 4 years in state prison.
When you are released from state prison for a non-violent case of vehicle theft felony, chances are high that you will be put under post-release community supervision (PRCS). Under PC 3455, you are supervised by the county for up to 3 years. Violation may result in formal revocation, which includes up to 180 days in jail or flash incarceration of up to 10 days.
Legal Defenses You Can Use to Challenge Theft Charges
Theft cases in California are commonly defended by challenging the particular intent required for conviction. Because the prosecution has to prove that you had the intent of permanently denying a person of their property, the following defenses are typically used:
- Claim of Right
Under the claim of proper defense, you are not guilty of stealing the property, provided that you took it in an honest and reasonable good-faith belief that you were its rightful owner or that you had a legal claim over the property. This is regardless of whether you were mistaken in your belief or even unreasonable, as long as it was true. However, this defense does not apply if you used the property to settle a debt or if you attempted to conceal the taking.
- Mistake of Fact
A mistake of fact is similar to a claim of right: An act is committed without the necessary criminal intent due to a misconception of an important fact. For example, if you are walking out of a restaurant with an umbrella belonging to another person that is identical to yours and you honestly believe it is yours, you lack the state of mind to commit the theft.
Under Penal Code 26, individuals who commit an act based on a mistake of fact that negates criminal intent are not criminally culpable.
- Lack of Intent
A mere “lack of intent” may be claimed if the taking was unintentional or occurred due to a distraction. In shoplifting situations, you could argue by proving that you did not remember leaving an item in your cart or that you were distracted by a phone call when leaving the store. You, therefore, did not have the particular intent to deprive the shop of the item.
- Entrapment
You can sometimes claim entrapment, where the police officers caused you to steal a sum of money that you would not otherwise have stolen. California uses an “objective” test: would the police conduct have induced a normally law-abiding person to commit the crime? A simple opportunity is not entrapment; the officer must employ excessive pressure, which can be badgering or sympathy pleas.
Find a Criminal Defense Attorney Near Me
The legal landscape of theft crimes is shifting, with stricter enforcement and complex digital evidence. Being convicted of theft is not just a threat to your freedom. It can also adversely affect your reputation and future job prospects. Whether you have committed petty larceny, serious theft crimes, or white-collar fraud, the proper defense makes the difference between a life-altering conviction and a fresh start.
Do not let a mistake or a misunderstanding define your future. Leah Legal Criminal Defense Attorneys specializes in dismantling the prosecution’s case through aggressive, strategic advocacy. Contact us at 213-444-7818 for a free and confidential consultation. Our Los Angeles professional lawyers can defend your rights and fight for the most desirable result.
