The main distinction between California petty theft and grand theft is the value of the stolen property. If it is worth $950 or less, you commit petty theft, while if the property's worth is over $950, the crime qualifies as grand theft. Petty theft is chargeable as a misdemeanor, while grand theft is a wobbler, allowing the prosecutor to file it as a felony or misdemeanor depending on your criminal record and the case’s circumstances.

When you face a theft offense charge, you want to understand the categorization or distinction because it affects the type of charge you face and possible penalties. When you know the gravity of the legal penalties at stake, you are compelled to seek the help of a theft crimes attorney to help you contest the charges for a favorable verdict.

Petty Theft Legal Definition

Any crime committed against property in California is a larceny or theft. Per PEN 484, theft is the illegal taking and control of another person's property. Section 484(a) of the California Penal Code defines petty theft as the unlawful taking and possession of another individual’s property worth $950 or less.

Per the jury instructions, the DA must prove the following elements beyond a reasonable doubt to secure a guilty verdict:

  • You took control or possession of property owned or legally controlled by another party
  • The fair market value for the item is $950 or less
  • You took the item without authorization
  • You had plans to permanently deprive the owner of the item’s use when you took it
  • You moved the property away from the victim, even if it was slightly or briefly

For purposes of PEN 484, owning and possessing property have the same meaning. Therefore, you will still face petty theft charges when you steal property from someone who lawfully possesses or controls it but is not the owner.

The prosecutor should demonstrate beyond a reasonable doubt that you acted with the intent or motive to permanently deny or deprive the possessor or owner of the item of its benefits or use. However, you, the defendant, can attempt to disprove this element by returning the property to the owner. Doing so will save you, depending on the timing. If you returned the item immediately, it shows you did not intend to permanently deprive the owner of its benefits. Nevertheless, when you wait until you face charges to return the item, the timing will be unreasonable and will not work in your favor.

Similarly, you do not steal an item until you move it some distance, however brief, from the possessor. The item's movement is asportation and can be slight, but it should transfer control from the owner to you. So, when proving a portation, the DA should show that the item moved, even though briefly. The movement must be sufficient to deprive the possessor of control and transfer possession to the defendant.

What happens when you are accused of stealing multiple items from one victim or stealing parts of an item with a single intent? Will you face various charges? No, you will face a single charge, but the fair market value of the items will be summed up to establish if it satisfies the definition of petty theft. Fair market price means the highest price the item would fetch if put up for sale in an open market within the period of the theft.

You should know that the court is not interested in whether you benefited from or enjoyed the stolen item. They focus on your plans to deny the possessor the use permanently.

Petty Theft Types

Petty theft is categorized into four types, beginning with larceny theft. It refers to the physical taking and taking off with someone else’s property, like furniture, jewelry, electronic devices, or clothing valued at $950 or below.

For instance, when you steal a host’s phone valued at $600 when attending a house party, you will face petty larceny charges when apprehended.

Theft Using Tricks

You commit petty theft by trickery if you fraudulently deceive a property owner to hand over control but not ownership of the property. You are guilty of this form of theft if the DA can show:

  • You took control of someone’s property
  • The owner relied on your deceit or pretenses to hand over the control of the item
  • You intended to partially or permanently deny the owner significant benefits or enjoyment of the property for a given duration.

For instance, Peter meets his old school friend John in the streets and borrows his phone to make an emergency call. John gives Peter the phone. Peter then pretends to make the call while walking away as John waits, but he vanishes and does not return. If Peter is arrested, he will face charges for theft using tricks.

Theft Through Embezzlement

Petty theft using embezzlement occurs when a property owner entrusts you with the property in trust. Still, you abuse the trust by using the item for your selfish gains or benefits with the intent to deny the owner the property’s benefits for a specific period.

For example, you are employed as an assistant in a store. The owner, John, is taking the family on a vacation, and instead of closing down during the period, he hands over the keys to you to keep the place running for the duration he will be away. During the period, you start pawning some of the ornaments for money, believing that by the time the owner returns, you will have returned them. Unfortunately, John returns early from the vacation and finds some of the jewelry missing. Under the circumstances, you risk arrest and charges for theft using embezzlement. Under the circumstances, you cannot contest the charges by claiming you planned to return the ornaments.

Theft Through Fraud

Using fraudulent means or pretenses to deceive someone into surrendering ownership or control of property amounts to theft using fraud. Making false pretenses means:

  • Sharing the wrong information
  • Making a reckless statement without caring whether it is true or false
  • Not divulging accurate information when you should
  • Making a false promise that you do not intend to fulfill

For example, James promises to mow Jane’s lawn for twelve months if she hands him over possession of her lawnmower. Jane meets her end of the deal by turning over the lawnmower to James, but James never mows her lawn even once. Under these circumstances, James could face charges for theft and fraud if arrested because Jane relied on James' false promise to surrender the lawnmower’s possession.

Petty Theft Legal Penalties

A violation of PEN 484(a) is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000. Alternatively, the court can grant summary probation in place of the jail sentence for a duration not exceeding 24 months. The probationary conditions you must comply with during the period include a requirement to comply with a protective order against you to protect the victim of the theft.

If the probationary term is longer than twelve months and you are younger than 25, the court will impose a rehabilitation program designed to heal, restore, and educate you on traumas. The programs partner with community development entities and usually champion the positive development of the youth.

Also, with the help of an experienced attorney, you can negotiate a favorable plea deal or diversion program that does not involve serving time in jail. Instead, you pay the court fine, return the stolen item, or compensate the victim for their losses.

Other times, the DA will lower your misdemeanor charges to an infraction, whose only punishment upon conviction is a small court fine and no jail time. Also, the court can impose a diversion program, and upon successful completion, the charges against you are dropped. Without a conviction, you will not have a criminal record.

You should consult an experienced theft crimes attorney to negotiate a favorable plea deal or pursue a diversion program.

A sentence that resulted in jail or prison incarceration for offenses like petty theft, grand theft, robbery, felony handling of stolen items, burglary, and carjacking. In these situations, petty theft is chargeable as a wobbler. A misdemeanor sentence carries no more than twelve months of incarceration in county jail and court fines of at most $1,000. The penalties for a felony guilty verdict are:

  • 16, 24, or 36 months of jail confinement
  • At most $10,000 in court fines

You should know that petty theft with a prior under PEN 666 only existed before the passage of Prop 47. However, after the changes, PEN 666 almost ceased under California statutes. With the new changes, most petty theft offenses remain misdemeanors regardless of the number of prior sentences on your record. Nonetheless, an exception applies if the preceding sentence is for embezzlement or theft from dependent adults or senior citizens, a form of elder abuse under PEN 368.

Besides, with the adoption of Prop 36 in 2014, petty theft can now be filed as a felony punishable by no more than 36 months of confinement for a record of at least two prior convictions for carjacking, burglary, robbery, or petty and grand theft.

A conviction for the offense will not adversely affect your immigration status or gun ownership, possession, or purchase rights.

Grand Theft Legal Definition

Per PEN 487, grand theft is defined as stealing:

  • Money, personal items, or labor valued at more than $950
  • An item directly from someone else using physical force
  • A car or firearm, regardless of its value
  • Particular kinds of animals like horses

Just like in petty theft, you can accomplish grand theft through tricks, fraud, larceny, or embezzlement. You will face the charges even if the property is worth less than $950, as long as it is a gun or vehicle.

  1. Prop 47

On November 5, 2014, Californians passed the “Safe Neighborhoods and Schools Act,” Prop 47, by 59.6 % of the votes. The proposition reduces the legal penalties for particular theft and drug violations. The initiative reduces several theft offenses that were previously felonies or wobblers to misdemeanors, depending on the circumstances.

A wobbler refers to a crime chargeable as a felony or misdemeanor depending on the case’s facts and the defendant’s criminal past. Prop 47 denies the DA the option to file particular theft crimes as felonies, meaning they can only file misdemeanor charges for most accused persons.

However, the initiative does not apply to individuals with a criminal history for violent or severe violations like homicide or rape and registered sexual predators. Therefore, it means stealing an auto or firearm, even when its worth is below $950, you will face grand theft charges and penalties.

Grand theft of a firearm or car has been affected by Prop 47 changes because the initiative makes any theft of property worth $950 or less a misdemeanor that attracts six months of confinement and court fines of no more than $1,000 upon sentencing.

However, under previous laws, the theft of a car or gun or directly stealing an item from a person using physical force amounted to grand theft. Grand theft auto was previously charged as a felony offense punishable by 16, 24, or 36 months of confinement.

For instance, you are accused of an old auto whose fair market price is below $600. Before the passage of Prop 47, the offense could have been a wobbler, and the DA could have had the choice to charge you with a felony, whose guilty verdict would have attracted 16, 24, or 36 months of confinement. Nevertheless, under Prop 47, the offense is considered petty theft because the value of the stolen vehicle is below $950. So, the prosecutor can only charge you with a misdemeanor.

  1. Grand Theft Legal Penalties

California statutes make grand theft a wobbler, giving the DA the discretion to lodge the charge as a misdemeanor or felony contingent on the case’s facts and your past.

A guilty verdict for a misdemeanor attracts at most twelve months of county jail incarceration and $1,000 in monetary court-imposed fines.

In contrast, a felony attracts 16, 24, or 36 months of jail confinement and at most $10,000 in court fines.

However, you risk penalty enhancement if the fair market price for the stolen item is exceptionally high. The penalty enhancement applies as follows:

  • An additional and consecutive twelve months of jail incarceration if the stolen goods are over $65,000
  • An extra and consecutive 24 months where the stolen goods in question are above $200,000
  • An extra and consecutive 36 months of incarceration for goods valued above $1,300,000
  • An additional and consecutive 48 months of imprisonment for stealing property or money worth $3,200,000 or more

Property Value Determination

If you are accused of petty or grand theft, you want to know how the prosecutor arrived at the item value. The worth of an item is determined by the prevailing fair market prices or the highest price the item could fetch in an open market, depending on the location and time of the theft. When several items are stolen, the prosecutor sums up the value of the items.

Grand Theft vs Petty Theft

Under California statutes, grand theft is almost identical to petty theft; the difference is that grand theft involves items valued at $950, while petty theft entails items valued at $950 or below.

However, a previous conviction for an offense with the requirement to enlist as a sex offender or serious felonies like rape or murder can attract grand theft charges even when the goods are less than $950.

Besides, you risk grand theft charges for:

  • Repeatedly stealing from an employer money, personal items, or labor, and
  • The sum of the stolen property over one year is above $950

Other Forms of Theft

Property worth or value differentiates grand theft from petty theft. In addition to property value, California statutes also differentiate theft offenses by how they happened. These include:

  • Larceny theft
  • Embezzlement theft
  • Theft using fraud
  • Theft through shoplifting

Petty or grand theft can happen in any way, and the prosecutor can combine the terms to file charges. For instance, when you commit larceny theft and the property in question is worth $950 or less, you can face charges for petty larceny. The offense is grand larceny when the items’ value exceeds $950.

No matter how you accomplished the theft, the DA must demonstrate all the facts of the case beyond a reasonable doubt to secure a conviction.

Defending Theft Crime Charges

The penalties for grand and petty theft are severe. Therefore, knowing the penalties you risk upon conviction, you should speak to an experienced criminal defense attorney to help you defend yourself to prevent a conviction or for a favorable deal, like a diversion program or charge reduction.

The standard legal defenses you can mount for a fair verdict are:

  • You had consent or approval from the owner
  • Lack of intent
  • False accusations
  • A rights claim

Find an Experienced Theft Offenses Defense Attorney Near Me

California theft crime laws categorize offenses depending on the fair market value of the stolen item and how the crime was accomplished. The law also differentiates between petty and grand theft, and you should understand these differences and possible penalties to prepare your defense sufficiently. At the Los Angeles Criminal Lawyer, we understand the categorization of theft crimes, penalties, and best defenses, making us suitable to defend you for a fair verdict. Call us at 310-502-1314 for a no-obligation case evaluation.