THEFT & PROPERTY LAW — CALIFORNIA
Theft Laws in California — Grand Theft, Petty Theft, and Robbery
California theft laws range from petty theft infractions to grand theft felonies. The value of property stolen, the method of taking, and prior convictions all determine what charges are filed and what penalties apply.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
Quick Reference
Theft Laws California — At a Glance
- Law / Code
- PC §484 / PC §487 / PC §211
- Classification
- Infraction / Misdemeanor / Felony
- Maximum Penalty
- $250 fine (infraction) up to 3 years prison (grand theft)
- Probation Eligible
- Yes for most theft offenses
- Strike Offense
- No (unless robbery with force)
What Is Theft Laws California Under California Law?
Legal Framework. California theft law covers a wide range of offenses — from shoplifting a $10 item to sophisticated financial fraud schemes worth millions of dollars. The two primary categories are petty theft (PC §488) and grand theft (PC §487), distinguished primarily by the value of property taken. The threshold in California is $950 — theft of property worth $950 or less is petty theft, and theft of property worth more than $950 is grand theft.
The Prosecution's Burden. Proposition 47, passed in 2014, reclassified most petty theft and shoplifting offenses as misdemeanors regardless of the defendant's prior record — unless the value exceeds $950. This was a dramatic shift that reduced incarceration for low-level theft but also generated significant controversy about its effects on retail theft in California.
Potential Consequences. Robbery under PC §211 is a separate and far more serious offense — it is theft accomplished by force or fear directly from another person. Robbery is always a felony, always a strike, and carries up to 9 years in state prison. The distinction between theft and robbery is whether force or fear was used in taking the property, not just the value of what was taken.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §484 / PC §487 / PC §211
To convict under PC §484 / PC §487 / PC §211, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant took property owned by another person
The property was taken without the owner's consent
At the time of taking the defendant intended to permanently deprive the owner of the property
For grand theft: the value of the property exceeded $950, OR the property was a firearm, automobile, or certain other specified items regardless of value
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for Theft Laws California in California
Misdemeanor
Petty theft (PC §488): up to 6 months county jail, $1,000 fine. Shoplifting (PC §459.5): up to 6 months county jail, $1,000 fine. Petty theft with prior (PC §666): up to 1 year jail.
Felony
Grand theft (PC §487): 16 months, 2, or 3 years state prison or county jail (wobbler). Grand theft firearm: 16 months, 2, or 3 years state prison. Grand theft auto: 16 months, 2, or 3 years.
Additional Consequences
- Restitution to victim mandatory
- Immigration consequences for non-citizens — theft is a crime of moral turpitude
- Professional license impacts for certain occupations
- Repeat theft convictions under PC §666 carry enhanced penalties
- Civil demand letters from retailers are separate from criminal charges
05 — Defense Strategies
How Rubin Law Defends Theft Laws California Charges
Rubin Law, P.C. attacks the elements of PC §484 / PC §487 / PC §211 and drives outcomes that avoid conviction where possible.
Claim of Right Defense
If the defendant genuinely believed they had a right to the property — even if that belief was mistaken — they lacked the intent to steal required under PC §484. Claim of right is a complete defense to theft when the belief was sincere, not a manufactured post-arrest excuse.
U.S. Const. amend. IV
Challenge the Value
Grand theft vs petty theft depends entirely on the value of the property taken. We challenge the prosecution's valuation — fair market value at the time of the taking, not retail price or replacement cost. Reducing value below $950 can reduce a felony grand theft to a misdemeanor petty theft.
17 CCR §1219.3
No Intent to Permanently Deprive
Theft requires intent to permanently deprive the owner of their property. If the defendant intended to return the property — borrowing without permission — the intent element is not satisfied. We build intent defenses in appropriate cases.
NHTSA SFST
Consent Defense
If the property owner consented to the taking — even informally — there is no theft. We look for evidence of actual or apparent consent in every theft case.
VC §23152
Mistaken Identity
Many theft cases — especially shoplifting and retail theft — involve witness identification errors, poor surveillance footage quality, and rushed conclusions by loss prevention officers. We challenge every identification in theft cases.
17 CCR §1219.1
Challenge Surveillance Evidence
Retail theft cases rely heavily on surveillance footage. We scrutinize footage quality, camera angles, chain of custody, and whether the footage actually shows the defendant committing the alleged theft.
VC §23103.5
Negotiate Diversion
First-offense petty theft and shoplifting cases are ideal candidates for pretrial diversion under PC §1001.95. Successful completion results in dismissal with no conviction. We pursue diversion aggressively in all first-offense theft cases.
VC §23152(b)
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Theft Laws California
What is the difference between petty theft and grand theft in California?
In California the primary distinction between petty theft and grand theft is the value of the property taken. Theft of property worth $950 or less is petty theft (PC §488) — a misdemeanor carrying up to 6 months in jail. Theft of property worth more than $950 is grand theft (PC §487) — a wobbler that can be charged as a misdemeanor or felony depending on the circumstances and prior record. Certain items — firearms, automobiles, and some animals — are always grand theft regardless of value.
Is shoplifting a felony in California?
Most shoplifting in California is a misdemeanor under Proposition 47, which reclassified shoplifting (PC §459.5) as a misdemeanor for merchandise valued at $950 or less regardless of prior record. Shoplifting merchandise worth more than $950 can be charged as burglary (PC §459) or grand theft (PC §487), which are wobblers or felonies. Organized retail theft under PC §490.4 carries enhanced penalties.
Can I be charged with theft if I forgot to pay?
Theft requires specific intent — you must have intended to take the property without paying at the time of taking. If you genuinely forgot to pay — if you were distracted and walked out unintentionally — you lack the required criminal intent. However prosecutors and loss prevention officers will argue that intent can be inferred from the circumstances. An experienced attorney can present evidence supporting an innocent explanation.
What is the difference between robbery and theft in California?
Robbery under PC §211 is theft accomplished by force or fear directly from another person — taking property from someone's person or immediate presence using violence or threats. Theft involves taking property without the owner's knowledge or consent but without direct confrontation. Robbery is always a felony, always a strike, and carries up to 9 years in prison — far more serious than any theft charge.
Will a theft conviction affect my immigration status?
Yes. Theft offenses are considered crimes of moral turpitude under federal immigration law. A theft conviction — even a misdemeanor petty theft — can make a non-citizen deportable, inadmissible, or ineligible for naturalization depending on the sentence imposed and the individual's immigration status. Any non-citizen charged with theft should immediately consult with both a criminal defense attorney and an immigration attorney.
Can a theft charge be expunged in California?
Yes. Most theft convictions are eligible for expungement under PC §1203.4 after successful completion of probation. An expungement dismisses the conviction and allows you to answer 'no' to most private employer background check questions. However it does not seal the record from law enforcement, does not restore gun rights, and does not prevent the conviction from being used as a prior offense for sentencing purposes.
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