How California Theft Law Works

Petty Theft, Grand Theft, and the Line Between Them

California Penal Code § 484 defines theft as the taking of another person's property with the intent to permanently deprive them of it. The distinction between petty and grand theft turns primarily on the value of what was taken.

Petty theft — Penal Code § 488 — involves property valued at $950 or less. Following Proposition 47, petty theft is a misdemeanor, punishable by up to six months in county jail and a $1,000 fine. That sounds manageable until you realize that a misdemeanor conviction still appears on background checks, can cost people their jobs, and triggers enhanced penalties for any future theft offense.

Grand theft — Penal Code § 487 — applies when the value exceeds $950, when certain types of property are involved regardless of value (firearms, automobiles), or when the theft occurred directly from a person. Grand theft is a wobbler, meaning it can be charged as a misdemeanor or a felony depending on the facts and the prosecutor's discretion. A felony conviction carries a potential state prison sentence and — critically for anyone with prior convictions — may count as a strike.

Robbery is different in kind, not just degree. Penal Code § 211 defines robbery as taking property from another person using force or fear. It's always a felony, always a strike, and carries serious prison exposure. First-degree robbery — involving inhabited dwellings, vehicles, or victims using ATMs — carries three, four, or six years in state prison. Second-degree robbery carries two, three, or five years. The "force or fear" element is what elevates theft to robbery, and it's also an element that can be contested.

Burglary and Its Consequences

California's burglary statute, Penal Code § 459, defines burglary as entering a structure with the intent to commit theft or any felony inside. The intent is what matters — not whether the theft was completed.

First-degree burglary involves an inhabited dwelling. It's always a felony, always a strike, and carries two, four, or six years in state prison. Second-degree burglary — entering a commercial building — is a wobbler. Whether entry was made with the requisite intent, and whether the structure qualifies as inhabited, are both contested questions in many cases. We examine those facts carefully.

Vandalism under Penal Code § 594 is charged based on the cost of damage. Damage under $400 is typically a misdemeanor. Above $400, it's a wobbler with felony exposure. Vandalism targeting public property, schools, or places of worship can result in enhanced penalties.

How We Can Help with Theft Charges

Nic Cocis has handled theft and property crime cases at every level since 1999. Whether the issue is a first-time shoplifting charge or a felony robbery allegation, the defense starts with examining the evidence and understanding exactly what the prosecution can prove.

Our theft and property crime defense services include:

Intent and Evidence: The Core of Most Theft Defenses

Many theft and property crime charges depend on what the prosecution can prove about your intent and identity. Surveillance footage can be ambiguous. Eyewitness identification is notoriously unreliable under stress. Evidence of "force or fear" in a robbery allegation can be contested. We look at everything before making any recommendation.