Theft laws in California classify crimes depending on the monetary value of stolen property and the surrounding circumstances. These laws mainly categorize theft into petty and grand theft, with specific penalties and legal definitions. Knowing these differences is helpful for anyone facing theft charges as it affects the severity of the charges. It can also help you learn the possible outcomes of the court procedures and how to defend yourself against the charges.
Petty Theft Under California Laws
Petty theft is defined under California law as stealing property worth $950 or less. This crime is defined under Penal Code 484 and usually involves the theft of items of low financial worth. Petty theft is considered a misdemeanor, and its penalties are less serious than more severe theft crimes.
Examples of Acts That are Considered Petty Theft
Examples of petty theft include:
-
Stealing products from a business where the total value is less than $950.
-
Taking someone else’s belongings—such as phones, wallets, or clothes—without their consent, as long as the value is under $950.
-
Dining or staying at a hotel and walking away without settling the bill provided the amount owed is no more than $950.
Grand Theft Under California Law
Grand theft has a broad definition, which means various situations can be covered by California’s grand theft laws (Penal Code Section 487).
According to Penal Code 487, grand theft happens when the total cost of the stolen goods is more than $950. This kind of theft may also be prosecuted regardless of the item’s value, particularly if the stolen commodities are firearms or vehicles. Depending on the case's specifics and the defendant’s prior criminal record, grand theft might be treated as a felony or misdemeanor.
Common Types of Grand Theft
The following types can illustrate grand theft:
Grand Theft By Larceny
To secure a conviction, a prosecutor must demonstrate to a jury that all components of the crime are present. The crime of Grand Theft By Larceny consists of four key elements:
-
You took possession of property valued at $950 or more that belongs to someone else.
-
You did not have permission to take that property.
-
You moved the property and retained it for a specific duration.
At the time of taking the property, you intended to either:
-
Deprive the actual owner from enjoying it
-
Keep it permanently
If someone steals items valued at $950 or more, it can be considered grand theft by larceny. This law applies even if the items were only moved a short distance and held for a brief time.
Grand Theft Through False Pretense
Grand theft by false pretense (Penal Code 532) consists of three key components:
-
You intentionally deceived someone with a false statement.
-
This deception was aimed at convincing the person to allow you to take their property worth $950 or more.
-
The individual believed your deception and permitted you to take their property.
In simpler terms, the prosecutor must demonstrate that you intended to mislead someone into giving you their property and that the victim genuinely believed your false claim.
Hearsay and unreliable testimonies often arise in these cases. California law acknowledges that individuals may enter into agreements, later regret their decision, and then accuse the other party of fraud.
Due to this, prosecutors must meet specific evidence standards. They need to provide:
-
A false document or “false token” (which can include anything like a forged check or contract)
-
Witnesses to support the claim of “false pretense.”
Grand Theft By Trick
Grand theft by trick consists of five key elements:
-
You knowingly and intentionally acquired property worth $950 or more that belongs to someone else.
-
You used deception or fraud to obtain it.
-
The owner did not intend to give you ownership of the property.
-
You retained the property for a specific period, even if it was short.
At the time of taking the property, you intended to either:
-
Keep it permanently
-
Keep it long enough to significantly deprive the rightful owner of its enjoyment or value.
Grand theft by trick is quite similar to grand theft by false pretense. The key distinction is that in grand theft by false pretense, the property owner permits the defendant to take possession and ownership of it.
In contrast, with grand theft by trick, the defendant gains possession of the property but plans to keep it unlawfully. For example, Matt needs to fix his car. His friend Sam offers to drive it to the repair shop, and Matt agrees to let him take it. However, instead of going to the shop, Sam keeps the car and hides it in a garage in a nearby town.
Since Sam misled Matt about his intentions to gain permission to take the vehicle and keep it for a while, this situation could be classified as grand theft by trick.
Grand Theft Through Embezzlement
The crime of grand theft through embezzlement (Penal Code 503) consists of four key elements:
-
You were given $950 or more in property by its owner.
-
The property owner placed you in a position of trust.
-
You took or used that property dishonestly for your benefit.
At the time of taking the property, you intended to either:
-
Keep the property permanently, or
-
Retain it long enough to significantly deprive the rightful owner of its enjoyment or value.
That means that even if you intended to return the property, you could still be charged with embezzlement.
For example, Dwayne is a treasurer for his local homeowners’ association. When his wife faces $6,000 in medical expenses from a recent surgery, Dwayne transfers $6,000 from the association’s funds to his account to cover the bills, planning to repay the HOA when he receives his next paycheck.
Despite his intention to return the money, Dwayne could still be found guilty of grand theft through embezzlement in this situation.
Main Differences Between Grand and Petty Theft
Here are the main differences between grand and petty theft:
Intent and Outcomes
Both petty and grand theft require the intention to steal, but grand theft is often taken more seriously due to the higher cost of those stolen goods and the possibility of more planning involved. The outcomes also differ greatly; grand theft can result in harsher legal consequences, such as longer prison sentences and higher fines, reflecting the more significant harm caused to victims.
Property Classification
The theft of some items is automatically considered grand theft, no matter what was stolen. These items are:
-
Vehicles
-
Firearms
-
Livestock
Method of Theft
How a crime is committed can determine whether it is labeled petty or grand theft. For example, theft cases involving fraud, embezzlement, or identity theft may result in grand theft accusations.
Criminal History
The legal implications for grand and petty theft differ significantly depending on the individual’s criminal history. In some places, an accused previously convicted of a theft crime may face accusations of “petty theft with a prior conviction.” These charges can escalate a new petty theft accusation to a felony.
A petty theft can result in more severe charges if you have a history of theft convictions. Prior felony convictions for grand theft attract harsh consequences, like extended prison sentences and significant fines. Furthermore, under “three strikes” laws, individuals with repeated felony offenses may face life imprisonment.
Sentencing and Court Process
The legal system treats petty and grand theft differently due to their different classifications and severity. Petty theft is classified as a misdemeanor and is typically tried in lower courts, leading to quicker resolutions.
First-time offenders usually have the chance to negotiate for alternative sentences or plead guilty for lesser penalties. Doing this allows them to skip long trials and minimize the number of court visits needed.
Grand theft is categorized as a felony, distinguishing it from petty theft, and involves more complex legal procedures. The person accused may need to participate in preliminary hearings to assess whether there is sufficient evidence for a trial. In deciding on a sentence, the court takes into account:
-
The defendant’s criminal history
-
The value of the stolen goods
-
Any additional aggravating factors.
Grand juries or formal hearings may be held in grand theft lawsuits involving large sums of money or the public interest.
Legal Consequences of Grand and Petty Theft
The following are the legal penalties for grand and petty theft:
Penalties for Petty Theft
In California, petty theft is considered a misdemeanor offense. The consequences include:
-
A maximum of six months in jail.
-
A fine reaching $1,000
-
A combination of both.
When the stolen item is worth $50 or less, the prosecutor can classify it as an infraction, assuming the offender has no previous theft convictions. A petty theft infraction may result in a fine of $250. (California Penal Code Section 490)
Penalties for Petty Theft with a Previous Conviction
A petty theft involving stolen property worth $950 or less can be classified as a felony or a misdemeanor (known as a “wobbler”) if the offender has certain prior convictions. These include:
-
At least one previous petty theft or theft-related conviction that resulted in imprisonment
-
A prior conviction for a serious or violent crime, any registerable sex offense, or embezzlement from a dependent adult or someone aged 65 or older.
According to California PC 666 and California Prop 47, a misdemeanor can lead to a maximum jail sentence of one year, while a felony may result in imprisonment for:
-
16 months
-
Two years
-
Three years.
Enhanced Legal Consequences for Repeat Offenders
California has stricter penalties for those who repeatedly commit crimes. According to Penal Code Section 666, a petty theft charge can be upgraded to a felony if the individual has three or more previous theft convictions that resulted in jail time. A felony charge for petty theft leads to harsher outcomes, such as increased jail sentences and more significant fines.
Legal Penalties for Grand Theft Under California Law
Grand theft could be prosecuted as a felony or misdemeanor, based on the facts of the matter and the defendant’s prior criminal history. The penalties include the following:
-
For grand theft charges prosecuted as a misdemeanor, you will face a maximum sentence of one year in jail.
-
For grand theft charged as a felony: a sentence of 16 months, two years, or three years in jail.
Certain types of grand theft, like grand theft of a firearm, are always considered felonies and can result in a state prison sentence of 16 months, two years, or three years.
Effects on the Defendant
The consequences of petty theft and grand theft can include several factors:
Immediate Legal Consequences of the Charges
The legal consequences of theft charges differ significantly between grand and petty theft. In petty theft cases, those accused may experience a brief incarceration period or be released on bail or their own recognizance.
On the other hand, grand theft charges may lead to extended pre-trial custody periods, increased bail rates, and more complicated legal proceedings due to the seriousness of the offense.
Impact on Professional and Personal Life
Theft convictions can have severe consequences. A petty theft conviction may make it difficult to secure work, especially in fields that demand financial transactions.
Grand theft has far more severe repercussions, which could include:
-
Future job restrictions
-
Loss of professional licenses
-
Damage to one’s reputation.
Both charges can strain your relationships and lead to civil lawsuits for victim compensation.
Prosecuting Theft Charges
A petty theft charge is usually resolved through a plea bargain or diversion programs that allow defendants to avoid criminal records, provided they complete the program successfully. These matters generally demand less proof and are conducted more swiftly in court.
On the other hand, grand theft matters typically proceed to trial and demand a higher level of proof. The prosecution should provide strong and clear evidence regarding the cost of the items and the intention of committing theft.
Requirements For Evidence
To successfully prosecute someone for petty theft, evidence must indicate that the person deliberately took goods of little value without permission. These include:
-
Video footage
-
Witnesses' statements
-
The retrieval of stolen items.
For grand theft, the evidence must prove the act and intention of stealing and that the property has a greater value. Expert witnesses should meet the strict conditions for a felony charge. These include:
-
Evaluate the values
-
Submit thorough financial documentation.
-
Provide additional significant proof.
Defending Against Theft Accusations
When facing allegations of petty or grand theft, the defense usually seeks to refute the prosecution’s evidence relating to the intent behind the theft and the worth of the items. For example, in petty theft cases, the defense may claim that the defendant wrongly believed the item was theirs, indicating a lack of intent.
In grand theft lawsuits, defense attorneys may contend that the estimated worth of the items was inaccurate and did not reach the felony limit. They can also show that the accused genuinely believed they had permission to take the property.
Several factors can influence how effective your defense is, including:
-
The strength of the prosecution’s evidence.
-
The reliability of the witnesses and defendant.
-
The circumstances behind the alleged crime.
Additionally, the defendant's past criminal record and relevant state laws can greatly impact your case. A solid defense strategy can uncover flaws in the prosecution's claims, such as:
-
Missing surveillance videos
-
Contradictory testimony from witnesses
What Is The Statute Of Limitations For Misdemeanor and Felony Theft Crimes?
When a defendant faces charges for a theft offense classified as a misdemeanor, the statute of limitations (SOL) is generally one year. That means the prosecutor must file charges within one year of the incident. If charges are not filed within the specified time, the prosecutor cannot handle them afterward.
Examples of theft offenses in California that are often classified as misdemeanors include:
-
Petty theft under Penal Code 484(a),
-
Shoplifting as per Penal Code 459.5 PC,
-
Receiving stolen property valued at $950 or less under Penal Code 496(a).
According to Penal Code 801, theft-related crimes have a statute of limitations of three years. This indicates that the prosecutor must file charges within three years of the crime. If they fail to do so within this period, they can no longer pursue charges afterward.
Examples of theft offenses in California that are often charged as felonies include:
-
Grand theft of a firearm valued over $950 under Penal Code 487(d)(1),
-
First-degree burglary as defined by Penal Code 459 PC, and
-
Robbery under Penal Code 211.
Contact a Theft Crimes Defense Law Firm Near Me
Recognizing the differences between petty and grand theft can aid in grasping the implications if you are confronted with charges. Petty theft is a misdemeanor that involves stealing items of minimal value and typically results in lighter penalties. Grand theft, on the other hand, is a felony that involves more valuable or important objects and carries greater legal and societal consequences. Additionally, prior criminal histories or aggravating elements can result in additional punishments.
If you or a loved one faces petty or grand theft charges in Van Nuys, you should contact a skilled theft crime attorney. At Leah Legal, we create defense strategies catering to each theft case's specific details. We aim to defend your rights and secure the best possible outcomes. Contact our office immediately for professional assistance with petty or grand theft charges. Call us at 818-484-1100. We are committed to supporting you, keeping you informed, and advocating for your rights throughout the legal process.