California Theft Law

Theft Under The California Penal Code

California Penal Code [CPC] §484(a)[1] describes theft as stealing the personal property of another or fraudulently appropriating property. The definition includes defrauding another or causing others to falsely report wealth in order to obtain credit, money, property, labor, or the service of another person.

Degrees Of Theft Under The California Penal Code

Theft is divided “into two degrees, the first of which is termed grand theft; the second, petty theft.”[2] First degree theft occurs when anyone steals property or services worth more than $950, or an automobile, or a firearm, or fish (if stolen from a commercial fishery or a research operation). The value of the property (including services) must not exceed $950 in second degree theft cases.

Theft Exists In Several Forms Under The California Penal Code

While Grand and Petty Theft are the best known of the Theft offenses in California, there are several crimes which involve stealing. Some are nonviolent. Some are more serious. Theft is involved in all of the following crimes, which are discussed, among several others, in the later ‘Common Theft Crimes In California' section: 1) Burglary; 2) Extortion; 3) Financial Elder Abuse; 4) Shoplifting; 5) Carjacking; 6) Fraud; 7) Receiving Stolen Property; 8) Extortion; and, 9) Robbery.

You can find more information in the California Property Crime Defense Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that's always guaranteed.

Theft Penalties In California

Most theft penalties in this state involve the possibility of misdemeanor or felony charges, depending on the facts of your case. The value of the property or service typically determines the severity of the charge, but the sort of property taken or some other consideration may also determine the seriousness of the case. Thus, thefts are known as “wobbler”[3] offenses in California.

Felony charges frequently result in three years in state prison, a fine of up to $10,000, or both a fine and a prison term. Misdemeanor charges often result in six months in county jail and a fine of up to $1,000.

Common Theft Crimes In California

Some of the most common Theft crimes in California include:

i) Petty Theft

For Petty Theft, the value of the property stolen (including services) must not exceed $950. You must intend at the time to permanently take the property or to remove it long enough that the owner is deprived of a major portion of its value or enjoyment. If convicted of Petty Theft, the penalty may be six (6) months in county jail, a fine of not more than $1,000 (one-thousand dollars), or both a fine and jail time.[4]

You can find more information in the California Petty Theft Defense Attorney section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – a guarantee.

ii) Petty Theft With A Prior Conviction

Penal Code Section 666(a)[5] (Petty Theft With Prior Conviction) makes it illegal to commit Petty Theft if you've previously been convicted of a theft offense, including property crimes, and you've served a jail or prison term for the offense. Section 666(a) permits misdemeanor or felony charges, depending on the facts of your case. Thus, Petty Theft With A Prior Conviction is a “wobbler”[6] offense. If you're convicted, you face up to three (3) years in a state prison[7] and/or a fine of up to $10,000 (ten-thousand dollars).[8]

You can find more information in the California Petty Theft With Prior Defense Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – and that's always a guarantee.

iii) Grand Theft

Grand Theft involves stealing property or services worth more than $950. You can also commit it by stealing a firearm or fish (if stolen from a commercial fishery or a research operation). Grand Theft is a “wobbler.”[9] If convicted, you can serve up to three (3) years in a state prison for a first offense[10] and pay a fine of $5,000 (five-thousand dollars).[11] Grand Theft is also punishable under California's “Three Strikes” system.[12] If you get three “strikes” on your record, you'll serve a minimum of twenty-five years (25) in a state prison.[13]

You can find more information in the California Grand Theft Defense Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – guaranteed.

iv) Grand Theft Auto

You may be convicted of Grand Theft Auto if you took or drove a vehicle that didn't belong to you. The vehicle had to have been taken with the intent to permanently deprive the owner of it. It doesn't matter what method is used to take the vehicle. Grand Theft Auto is a “wobbler”[14] offense. If you're convicted of it, the penalty may be three (3) years in state prison[15] and/or a fine of not more than $10,000 (ten-thousand dollars).[16]

You can find more information in the California Grand Theft Auto Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Calls go directly to a lawyer – and that's guaranteed.

v) Carjacking

Penal Code Section 215[17] (Carjacking) makes it illegal to take a motor vehicle from another person, or from that person's immediate presence, against his or her will. You must intend to deprive the possession of the person possessing the vehicle and you must take the vehicle using force or fear. Carjacking is punished by as many as nine (9) years in a state prison[18] and/or a fine of up to $10,000 (ten-thousand dollars).[19] Carjacking is also punished under California's “Three Strikes” system.[20] If you receive three “strikes,” you'll serve a minimum of twenty-five (25) years in a state prison.[21]

You can find more information in the Carjacking section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and that is always guaranteed.

vi) Theft From Vehicle

California's Burglary law (Section 459[22]) makes it illegal to enter a locked automobile (or an automobile trunk) with the intent to steal property in the car or to commit a felony inside it. Theft From Vehicle always involves the intent to steal property inside the car or the intent to commit some other felony inside the vehicle. Theft From Vehicle is a “wobbler”[23] offense. The penalty for a conviction may be three (3) years in state prison[24] and/or a fine of not more than $10,000 (ten-thousand dollars).[25]

You can find more information in the California Burglary Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your calls go directly to a lawyer – and that's our guarantee.

vii) Financial Elder Abuse

Section 368 of the Penal Code[26] (Elder Abuse) makes Financial Elder Abuse illegal. Financial abuse includes taking real or personal property through misappropriation, embezzlement, forgery, theft or fraud from an elder or dependent person. Financial Elder Abuse is a “wobbler”[27] offense. If convicted, you face up to four (4) years in a state prison and/or a fine of up to $10,000 (ten-thousand dollars).[28]

You can find more information in the Elder Abuse section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. All calls will go directly to a lawyer – and that's always guaranteed.

viii) Robbery

California's Robbery law makes it a crime to use threats or force to take someone else's property against that person's will. To be guilty, you must've decided to commit Robbery before taking the property. Depending on the location of the robbery, the crime may be punished in the first or in the second degree. First degree Robbery is punishable by up to nine (9) years in a state prison[29] and/or a fine of up to $10,000 (ten-thousand dollars).[30]

You can find more information in the Robbery section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – and we always guarantee it.

ix) Commercial Robbery

It is a crime to use threats or force to take someone else's property against that person's will while inside a commercial space. The space itself may be the victim as well. To be guilty, you must've decided to commit a commercial robbery before taking the property. Commercial Robbery is a second-degree form of Robbery. It is punishable by up to six (6) years in a state prison[31] and/or a fine of up to $10,000 (ten-thousand dollars).[32]

You can find more information in the California Violent Crime Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call will go directly to a lawyer – a guarantee.

x) Residential Robbery

It's a crime to use threats or force to take someone else's property against that person's will inside any residential space. This includes houses, floating homes, trailer coaches and/or the inhabited portions of any building. Residential Robbery is a first-degree crime. If convicted, you face up to nine (9) years in state prison[33] and/or a fine of up to $10,000 (ten-thousand dollars).[34]

xi) Bank Robbery

Bank Robbery involves using threats or force to take someone else's property against that person's will while inside a bank. The bank itself may be the victim as well. You must decide to commit Bank Robbery before taking any property. As Robbery, the crime is punishable by up to six (6) years in a state prison[35] and/or a fine of up to $10,000 (ten-thousand dollars).[36]

xii) Burglary

Burglary is the act of entering a structure with the intent to commit a larceny or any felony. Entry doesn't have to be accomplished by force, threat, or any act of destruction; it only has to be done with the intent of committing a felony or any crime that can be charged as a felony. Burglary is a “wobbler”[37] offense punished in two degrees. First degree Burglary usually involves entering an inhabited dwelling designed for habitation. If convicted in the first degree, you face up to six (6) years in a state prison[38] and/or a fine of up to $10,000 (ten-thousand dollars).[39]

xiii) Commercial Burglary

Commercial Burglary is the act of entering a structure with the intent to commit a larceny or any felony inside a commercial space. Entry doesn't have to be accomplished by force, threat, or any act of destruction; it only has to be done with the intent of committing a felony or any crime that can be charged as a felony. As a second-degree crime, Commercial Burglary is punishable by up to three (3) years in a state prison[40] and/or a fine of up to $10,000 (ten-thousand dollars).[41]

xiv) Residential Burglary

Residential Burglary is the act of entering a structure with the intent to commit a larceny or any felony inside a residential space. Entry doesn't have to be accomplished by force, threat, or any act of destruction; it only has to be done with the intent of committing a felony or any crime that can be charged as a felony. As a first-degree crime, Residential Burglary is punishable by up to six (6) years in a state prison[42] and/or a fine of up to $10,000 (ten-thousand dollars).[43]

xv) “Breaking And Entering”

There is no such crime as “Breaking And Entering” in California. A person who “breaks” a lock or barrier and enters a property without permission will instead likely face charges of committing Burglary and/or Trespassing (See Section 602[44]). A first-degree burglary is punishable by up to six (6) years in a state prison[45] and/or a fine of up to $10,000 (ten-thousand dollars).[46]

xvi) “Home Invasion”

“Home Invasion” is likely prosecuted in California as first-degree Burglary coupled with a charge or charges like Kidnapping (CPC §207[47]) and False Imprisonment (CPC §236[48]). If you're convicted of a first-degree burglary, you may be punished by up to six (6) years in a state prison[49] and/or a fine of up to $10,000 (ten-thousand dollars).[50]

xvii) Use Of Firearm During Burglary Or Robbery

California's “10-20-Life” Law (CPC § 12022.53[51]) creates a sentence enhancement for crimes committed with a firearm. The law applies to felonies including Burglary and Robbery. Violation by simple use of a firearm during a burglary or a robbery can add ten (10) years to an underlying sentence.[52] Discharging a weapon can add twenty (20) years to the sentence.[53] Causing great bodily injury or death may add from twenty-five (25) years to life to the underlying sentence.[54]

xviii) Fraud

Fraud crimes involve causing a harm or loss to a person or an institution. The harm is usually financial. But one can defraud another into doing something as well. Fraud usually involves taking some benefit to which one is not entitled. The same is true if one's fraud is to benefit another. Fraud is generally a “wobbler”[55] under California law, although there are a number of forms of Fraud which are always prosecuted as felonies.

You can find more information in the California Fraud Laws section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Calls go directly to a lawyer – guaranteed.

xix) Check Fraud

Check Fraud (CPC §476[56]) involves making or passing a fraudulent, fictitious, or altered check for the payment of money or property from any real or fictitious financial institution. If convicted of the crime, you face up to four (4) years in state prison[57] and/or or a fine of up to $10,000 (ten-thousand dollars).[58]

You can find more information in the California Forgery Crime Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. All calls go directly to a lawyer – and that's guaranteed.

xx) Credit Card Fraud

California Credit Card Fraud law[59] makes it illegal to: sell an access card without consent; forge a credit card; fraudulently use a card; provide goods or services for a card you know is fraudulent; possess an incomplete credit card with intent to complete it without consent; alter a card; or publish information about a card, a PIN, passwords, or bank account information. Credit Card Fraud is often prosecuted as Grand Theft. If you're convicted of Grand Theft, you face up to three (3) years in a state prison for a first offense[60] and a fine of $5,000 (five-thousand dollars).[61]

You can find more information in the California Credit Card Fraud Attorneys section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – always a guarantee.

xxi) Mail Fraud

When an individual fraudulently devises schemes to defraud someone using the United States mail, he or she can be prosecuted for Mail Fraud. The crime is strictly federal. The use of any mail carrier or shipping service to defraud someone is considered Mail Fraud. If you're convicted, you face up to twenty (20) years in a federal prison and a fine of up to $1,000,000 (one million dollars).[62]

You can find more information in the California Mail Fraud Attorney section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your calls go directly to a lawyer – a guarantee.

xxii) Internet Fraud

Internet (or Computer) Fraud is defined as fraudulent activity that is done by using a computer (more specifically, when it occurs over the Internet). Internet Fraud can occur in chat rooms, on message boards, through web sites, or via email. Internet Fraud is a “wobbler.”[63] If convicted of the offense, you face up to three (3) years in state prison and/or a fine up to $10,000 (ten-thousand dollars).[64]

You can find more information in the California Computer Fraud Attorney section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your calls will always go directly to a lawyer – and we guarantee it.

xxiii) Welfare Fraud

Under the California Welfare and Institutions Code [WIC] §10980, it's illegal for anyone to "willfully and knowingly, with the intent to deceive, make a false statement or representation or knowingly disclose a material fact to obtain aid" to which he or she is not entitled.[65] This is Welfare Fraud. It's punishable by up to six (6) months in a county jail and up to $500 (five-hundred dollars) in fines.[66]

You can find more information in the California Welfare Fraud Attorney section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – that's a guarantee.

xxiv) Insurance Fraud

Penal Code Section 550[67] (Insurance Fraud) makes it illegal to submit a fraudulent insurance claim. The law also criminalizes presenting multiple claims for payment of the same health care benefit and preparing a false document in a fraudulent claim. If convicted, you face up to five (5) years in a state prison and/or a fine of up to $50,000 (fifty-thousand dollars), or double the amount of the fraud, whichever is greater.[68]

You can find more information in the Submitting Fraudulent Insurance Claims section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – and it's always guaranteed.

xxv) Shoplifting

Penal Code Section 459.5[69] (Shoplifting) makes it illegal to enter a commercial establishment with the intent to steal while the establishment is open during regular business hours. Shoplifting is a “wobbler.”[70] If you're convicted, the felony penalty may be up to three (3) years in state prison,[71] a fine of up to $10,000 (ten-thousand dollars), or both prison and a fine.[72]

You can find more information in the California Shoplifting Defense Lawyers section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – and we guarantee that.

xxvi) Extortion

The basic form of Extortion in California occurs when a person forces another person to part with property or makes another person do something through unlawful threats or force. This is “Extortion By Threat Or Force.” Extortion can also occur when a person makes an official do something using unlawful threats or force or when an official unlawfully makes someone do something while claiming the official right to do it. If convicted, you face up to four (4) years in a state prison[73] and/or a fine of up to $10,000 (ten-thousand dollars).[74]

You can find more information in the Extortion section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – and we guarantee it.

xxvii) Receiving Stolen Property

California Penal Code §496[75] (Receiving Stolen Property) makes it a crime to buy or receive property if you know it has been stolen, or if you or aid someone else in concealing, selling, or withholding property from its owner (or attempt to do so) and know the property has been obtained by Theft or Extortion. Receiving Stolen Property is a “wobbler.”[76] If convicted, you face up to three (3) years in a state prison[77] and/or a fine of up to $10,000 (ten-thousand dollars).[78]

You can find more information in the Receiving Stolen Property section of the Kann California Law Group's website. Feel free to contact the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – we guarantee that.

Defenses Against Charges Of Theft In California

Three common defenses against charges of theft in California are:

You Had The Right To The Property

Example: Defendant Dale purchases the laptop computer of Victim Veronica. Veronica hasn't told her roommate, however. When Roommate finds Dale taking the laptop from Veronica's room, Roommate assumes that Dale is stealing the $1500 machine from Veronica. Roommate calls police. Now Dale is facing charges of Grand Theft. Dale insists he cannot be guilty under the circumstances. Is Dale guilty?

Conclusion: Dale willfully took and moved a piece of property worth more than $950 from Veronica's quarters. He intended on keeping the computer at the time. These are elements of the crime. But Dale did not take the property without having permission to it; Dale purchased the computer and was moving it when he was stopped by Roommate. Dale, it follows, is not guilty. He had the right to the property.

You Lacked The Intent To Commit Theft

Example: Defendant Dee is mowing her lawn. Her mower runs out of gas just as she's about to finish the job. Seeing that Victim Vern, her neighbor, has left his garage open, Dee takes Vern's cheap mower and steers it onto her lawn long enough to finish the task. Vern happens upon her as she's returning the mower. He angrily reports her for Petty Theft. Dee says she can't be guilty, on these facts. Is Dee guilty?

Conclusion: Dee took Vern's property without Vern's permission. The facts do not state that the “cheap” mower was worth more than $950. These are elements of the offense. But Dee only borrowed the mower for her own use. Then she returned it. If even one element of a charge can't be proven in court, defendants are entitled to acquittal. Dee, it follows, is correct. She lacked the intent to commit a theft.

You Acted With The Property Owner's Consent

Example: Defendant Diego needs to get to his place of employment but his car isn't working. Victim Vincent, his friend, offers to let Diego use his car. He tells Diego where to find the keys. Diego finds the keys takes the car. But Neighbor, unaware of the arrangement, thinks Diego is a car thief and reports him. Now Diego is facing charges of committing Grand Theft Auto. Is Diego guilty, on these facts?

Conclusion: Diego took and moved a vehicle. These are elements of the offense. But Diego was simply borrowing the car from Vincent. Diego needed the vehicle. His friend offered its use. Diego didn't steal Vincent's car. Thus, Diego is not guilty of the charge. Diego acted with the property owner's consent.

Expungement Of Theft Convictions

Expungement of Theft conviction is possible in California. Penal Code §1203.4[79] establishes this as law. An expungement releases a convicted person from nearly all the penalties that arose from conviction.

The Code Section authorizes an expungement for either misdemeanors or felonies. However, the applicant must have successfully completed Probation and not be charged with a criminal offense, or on probation for a criminal offense, or seek expungement while serving a sentence for a criminal offense.

Theft And Firearms Possession

Penal Code §29800[80] is an umbrella law making it illegal for persons convicted of various crimes to own, possess, receive, purchase, or have custody of, or control over, a firearm. Section 29800 applies to convicted felons, people convicted of certain misdemeanors, and anyone addicted to a narcotic drug.

There are misdemeanors subject to a ten-year ban. (Petty Theft is excepted.) California law specifically calls theft of a firearm a form of Grand Theft punishable as a felony. Conviction will prohibit possession or ownership of a firearm for your lifetime. Some misdemeanors are subject to a lifetime ban as well. Note, however, that conviction of any form of felony theft will result in being forbidden from owning, controlling, or having a firearm for the duration of your life.

What Can I Do If I'm Charged With Theft?

The State of California treats thefts as serious offenses. If you're charged with a theft, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

Negotiate a lesser charge in a plea bargain;
Reduce your sentence;
Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities.

If you or someone you know has been arrested for, or charged with, any form of theft, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation.

References

[1] See California Penal Code [CPC] §484(a).

[2] See CPC §486.

[3] See “Wobbler Law and Legal Definition” at USLegal.com.

[4] See CPC §19.

[5] See CPC §666 (a).

[6] See Endnote 3.

[7] See CPC §18 (a).

[8] See CPC §672.

[9] See Endnote 3.

[10] See CPC §489 (a).