What You Need to Know About California Theft Laws
Under California law, theft is defined as the unlawful appropriation of property. Here’s everything you need to know about California’s theft laws.
California’s Penal Codes outline the different types of theft and their respective penalties.
Types of Theft
Under California Penal Code § 486, theft can divide into 2 degrees: petty theft and grand theft.
Petty Theft
Under California Penal Code § 488, an individual is guilty of petty theft for feloniously taking property not exceeding a value of $950.
Penalties for Petty Theft
1. Under California Penal Code § 490, petty theft likely results in a misdemeanor charge and is punishable by a maximum fine of $1,000 and/or by imprisonment in county jail for a maximum of 6 months.
2. Under California Penal Code § 490.1, if the value of the money, labor, real or personal property taken does not exceed a value of $50 and the individual has no other theft convictions, the prosecutor may charge the individual with a misdemeanor or an infraction.
An infraction is punishable by a maximum fine of $250
3. Under CPC § 666 (a), the felony penalty for an individual convicted of petty theft with a prior offense may be:
Custody in California state prison for a maximum of three years
4. Under CPC § 666 (a), the misdemeanor penalty for an individual convicted of petty theft with a prior offense may be:
Imprisonment in county jail for a maximum of one year.
Convictions for Petty Theft
To convict a defendant for petty theft in California, a prosecutor must prove the following beyond a reasonable doubt:
The defendant took possession of another individual’s property.
The defendant took the property without the owner’s consent.
The defendant took the property to deprive the owner of the value or enjoyment of the property.
The defendant moved the property and kept it for a period of time.
Related: California Gun Laws: Commonly Asked Questions
Defenses Against a Petty Theft Charge
If you face a petty theft charge, you may utilize the following common defense strategies:
1. Lack of Intent
You lacked the intent to commit the theft (e.g. you committed the act involuntarily).
2. Consent
The owner gave you consent to take their property or service.
3. Right of Possession
You have a right or entitlement to possess the property.
4. Falsely Accused
You did not commit the offense.
Grand Theft
Under California Penal Code § 487, an individual is guilty of grand theft for feloniously taking property exceeding a value of $950 in any 12 consecutive month period.
Grand Theft Auto
Under California Penal Code § 487 (d)(1), an individual commits grand theft auto by stealing another person’s automobile.
Penalty for Grand Theft and Grand Theft Auto
Under California Penal Code § 489, punishment for grand theft includes imprisonment in a county jail for up to one year and/or a maximum fine of $5,000.
Grand Theft Firearm
Under California Penal Code § 487 (d)(2), an individual commits grand theft auto by stealing a firearm. Theft of a firearm always warrants a felony charge.
Penalty for Grand Theft Firearm
1. Imprisonment in the California state prison for 16 months, or two or three years.
2. Under California’s Three Strikes sentencing law, a defendant convicted of any felony with two or more prior strikes, will automatically receive 25 years to life in prison for a grand theft firearm charge.
Related: How to Get a CCW Permit in California
Defenses Against a Grand Theft Charge
1. Lack of intent
You did not intend to steal the property/firearm/automobile.
2. Consent
The owner consented to you taking their property/firearm/automobile.
3. Accident
You believed the property/firearm/automobile belonged to you.
Other Forms of Theft
Various forms of theft include:
Embezzlement
Under California Penal Code § 503, an individual embezzles when fraudulently appropriating funds entrusted to him.
Penalties for Embezzlement
You can face the following embezzlement charges:
1. Petty theft embezzlement for stealing less than $950.
2. Grand theft embezzlement for stealing more than $950.
Grand theft is a wobbler offense which means it can be charged as a misdemeanor or felony.
Under CPC § 666 (a), the felony penalty for a grand theft or embezzlement conviction may be:
Imprisonment in the county jail for 16 months, two or three years, and/or a maximum fine of $10,000.
Under CPC § 666 (a), the misdemeanor penalty for a petty theft or embezzlement conviction may be:
Imprisonment in the county jail for a maximum of 6 months and/or a maximum fine of $1,000.
Conviction of Embezzlement
A prosecutor must prove the following to convict a defendant of embezzlement:
The owner entrusted his property to the defendant because he trusted the defendant.
The defendant fraudulently converted or used the property for his own benefit.
The defendant intended to deprive the owner of the property.
Defenses Against an Embezzlement Charge
If you are charged with embezzlement, you may utilize the following common defense strategies:
1. Lack of Fraudulence
You did not take undue advantage of the owner nor did you breach a duty, trust, or confidence.
2. Good Faith Belief
You had a good faith belief that you had the authorization to use the property.
Burglary
Under California Penal Code § 459, an individual is guilty of burglary if he enters a structure (e.g. house, apartment, warehouse, vessel, etc) with the intent of committing grand or petit larceny or any felony.
Under California Penal Code § 460:
First-degree burglary is any burglary of a residence
Second-degree burglary is all other kinds of burglary
Penalties for Burglary
Under California Penal Code § 461:
Burglary in the first degree is punishable by imprisonment in the California state prison for two, four, or six years.
Burglary in the second degree is punishable by imprisonment in the county jail for a maximum of one year.
Conviction of Burglary
A prosecutor must prove the following to convict a defendant of burglary:
The defendant entered a building, room within a building, locked vehicle, or structure with the intent to commit theft or any felony.
The value of the property one stole or intended to steal amounted to more than $950; or
The defendant entered a non-commercial establishment; or
The defendant entered a commercial establishment during non-business hours.
Defenses Against a Burglary Charge
1. Consent
The owner consented to the defendant taking the property.
2. Lack of intent
The defendant committed the crime against his will.
Shoplifting
The California Penal Code § 459.5 defines shoplifting as:
Entering a commercial establishment with the intent to commit larceny during the establishment’s regular business hours.
Under Proposition 47, the value of the property the defendant stole or intended to steal amounted to less than $950.
An individual charged with shoplifting cannot also face burglary or theft charges for the same property.
Penalties for Shoplifting
Shoplifting should be punished as a misdemeanor except when the individual has a prior offense.
Defenses Against a Shoplifting Charge
Lack of intent
The individual had no intent to steal anything from the establishment (e.g. accidentally took an item from an establishment and subsequently returned it).
Contact Us
If you or a loved one would like to learn more about California Theft Laws, get your free consultation with one of our Criminal Defense Attorneys in California today!