What Are Theft Crime Charges?
Theft crimes in California encompass a broad category of offenses involving the unlawful taking of another person's property. The California Penal Code defines several distinct theft offenses — from misdemeanor petty theft and shoplifting to felony grand theft, burglary, and robbery — each carrying different penalties depending on the value of the property, the method of taking, and the circumstances of the offense.
If you have been arrested for or charged with a theft offense in San Jose, Walnut Creek, Redwood City, Daly City, or anywhere throughout the Bay Area, the defense attorneys at RV Litigation Group PC can help. A theft conviction can follow you for years, affecting employment, housing, and immigration status. We fight to protect your record and your future.
What the Law Says
Penal Code 484 — Petty Theft
"Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor, or real or personal property... is guilty of theft." — California Penal Code Section 484(a)
Petty theft applies when the value of the stolen property is $950 or less (the threshold set by Proposition 47). It is a misdemeanor carrying up to six months in county jail and a fine of up to $1,000. Despite being a misdemeanor, a petty theft conviction creates a permanent criminal record that appears on background checks. Courts in San Mateo County handle a high volume of petty theft cases, many of which can be resolved through diversion programs for first-time offenders.
Penal Code 487 — Grand Theft
"Grand theft is theft committed in any of the following cases: (a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950)." — California Penal Code Section 487(a)
Grand theft is a wobbler offense — it can be charged as either a misdemeanor or a felony. As a felony, it carries 16 months, two, or three years in county jail. Grand theft also applies regardless of value when the property stolen is a firearm, a motor vehicle, or is taken directly from the person of another. Prosecutors in Contra Costa County consider the value of the property, the defendant's criminal history, and the sophistication of the theft when deciding whether to file misdemeanor or felony charges.
Penal Code 459 — Burglary
"Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel... railroad car, locked or sealed cargo container... inhabited camper... with intent to commit grand or petit larceny, or any felony, is guilty of burglary." — California Penal Code Section 459
Burglary is divided into two degrees. First-degree burglary (residential) is always a felony and a strike under California's Three Strikes law, carrying two, four, or six years in state prison. Second-degree burglary (commercial) is a wobbler. The prosecution does not need to prove that a theft actually occurred — only that the defendant entered the building with the intent to commit theft or a felony inside.
Real-World Examples
These scenarios illustrate how theft charges commonly arise in the Bay Area:
A college student in San Jose places a pair of headphones worth $120 into a backpack and attempts to leave a store without paying. Store security detains the individual and calls police. The student is charged with shoplifting under PC 459.5, a misdemeanor. As a first-time offender, the student may be eligible for a diversion program that results in the charge being dismissed upon completion of community service and a theft awareness class.
An employee at a retail store in Walnut Creek is caught on surveillance camera taking merchandise over the course of several months, totaling approximately $4,000. The employee is charged with grand theft under PC 487 as a felony because the aggregate value exceeds $950. The defense may argue that the value was calculated improperly or negotiate the charge down to a misdemeanor.
A man in Redwood City enters an unlocked home while the residents are at work and takes electronics and jewelry. He is charged with first-degree burglary under PC 459, a felony and a strike offense carrying up to six years in state prison. The defense investigates whether the prosecution can prove he entered with the intent to steal, or whether there is a mistaken identity issue.
A teenager in Daly City grabs a phone from another person's hand and runs away. Although the taking appears minor, the use of force or fear to accomplish the theft elevates the charge to robbery under PC 211, a felony carrying two to five years in state prison. A defense attorney may argue that the force used was incidental and not sufficient to constitute robbery, seeking a reduction to a theft charge.
Penalties
Theft crime penalties vary significantly depending on the specific offense, the value of the property, and the defendant's prior criminal record.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| Petty Theft (PC 484) | Misdemeanor | Up to 6 months county jail | Up to $1,000 |
| Grand Theft (PC 487) | Wobbler | 16 months, 2, or 3 years (felony) | Up to $10,000 |
| 1st Degree Burglary (PC 459) | Felony (Strike) | 2, 4, or 6 years state prison | Up to $10,000 |
| 2nd Degree Burglary (PC 459) | Wobbler | Up to 3 years (felony) | Up to $10,000 |
| Robbery (PC 211) | Felony (Strike) | 2, 3, or 5 years state prison | Up to $10,000 |
| Shoplifting (PC 459.5) | Misdemeanor | Up to 6 months county jail | Up to $1,000 |
Additional consequences: Beyond fines and incarceration, a theft conviction can result in a permanent criminal record, restitution to the victim, probation with conditions including community service and theft deterrent classes, and long-term impacts on employment, housing, professional licensing, and immigration status. First-degree burglary and robbery are strike offenses under California's Three Strikes law, meaning a second strike doubles the sentence, and a third strike can result in 25 years to life in prison.
Legal Defenses
Theft charges can often be challenged on multiple fronts. Here are the defenses our attorneys most frequently use for clients in San Jose and throughout California:
1. Claim of Right
If you genuinely believed that the property belonged to you or that you had a right to possess it, you may have a valid "claim of right" defense. California law requires that theft involve the intent to permanently deprive the owner of their property. If you believed in good faith that you were taking your own property — even if that belief turns out to be mistaken — this negates the required intent. We gather evidence supporting your belief, including communications, agreements, and witness testimony.
2. Mistaken Identity
Theft cases, particularly shoplifting and robbery, often rely on eyewitness identification or surveillance footage that may be unclear. Witnesses can make honest mistakes, especially in stressful situations. We challenge identification evidence by examining the lighting conditions, the distance between the witness and the suspect, the duration of the observation, and whether the identification procedure followed proper protocols. Clients in Daly City and surrounding communities have benefited from this defense when surveillance quality was poor.
3. Lack of Intent
Every theft offense requires proof that the defendant intended to steal. If you forgot to pay for an item, inadvertently walked out of a store with merchandise, or borrowed property with the intention of returning it, the prosecution cannot establish the required criminal intent. We present evidence — such as your purchase history, your statements at the time, and the circumstances of the incident — to demonstrate that there was no intent to steal.
4. Consent
If the owner of the property gave you permission to take or use it, there is no theft. This defense commonly arises in cases involving shared property, borrowed items, or business relationships where the boundaries of authorization are unclear. We present evidence of the consent, including text messages, emails, verbal agreements, and the context of the relationship between the parties.
5. Value Dispute (Felony vs. Misdemeanor)
The distinction between petty theft and grand theft — and therefore between a misdemeanor and a felony — depends on the value of the property. If the prosecution overvalues the property, pushing it above the $950 threshold, we challenge their valuation. The relevant value is the fair market value at the time and place of the theft, not the retail price or replacement cost. An independent appraisal or market analysis can demonstrate that the property's value falls below the felony threshold.
6. Coercion or Duress
If you were forced or threatened into committing a theft by another person, you may have a duress defense. This defense requires showing that you were under an immediate threat of serious bodily harm, that you reasonably believed the threat was genuine, and that you had no reasonable opportunity to escape or avoid the criminal act. We investigate the circumstances and present evidence of the coercion to the court.
Frequently Asked Questions
Under Proposition 47, theft of property valued at $950 or less is classified as petty theft, a misdemeanor. Theft of property valued at more than $950 is grand theft and can be charged as a felony. This threshold applies to most theft offenses, including shoplifting. However, certain theft offenses — such as theft of a firearm — are always felonies regardless of the value of the property stolen.
Shoplifting under PC 459.5 is entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less. It is always a misdemeanor. Burglary under PC 459 is entering any building with the intent to commit theft or any felony inside. First-degree burglary (residential) is always a felony. Second-degree burglary (commercial) is a wobbler. The key distinction is the type of building and the value of the intended theft.
Prior theft convictions can significantly increase penalties. A petty theft with a prior theft conviction (PC 666) can be charged as a misdemeanor or felony. Multiple prior convictions can result in enhanced sentencing. Additionally, a pattern of theft offenses may lead prosecutors to file more serious charges, such as organized retail theft. Prior strike convictions can also double the sentence under California's Three Strikes law.
Yes. Grand theft (PC 487) is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. Even if initially filed as a felony, a defense attorney can petition the court to reduce the charge to a misdemeanor under Penal Code 17(b). Factors the court considers include the value of the property, your criminal history, the circumstances of the offense, and your performance on probation.
Yes. Theft offenses can be classified as crimes involving moral turpitude under federal immigration law, which can trigger deportation, denial of admission, or denial of naturalization. Even a misdemeanor theft conviction can have immigration consequences. An aggravated felony theft conviction — generally defined as a theft offense with a sentence of one year or more — almost certainly results in mandatory deportation for non-citizens.
