A theft charge in California can carry more serious consequences than many people realize, especially when sentencing enhancement laws come into play. While some theft offenses begin as misdemeanors, California law allows prosecutors to significantly increase penalties based on a defendant’s criminal history, the nature of the offense, and aggravating factors such as weapons or bodily injuries. In some cases, a theft conviction can even lead to a life sentence under the state’s infamous Three Strikes law. Given the serious nature of these charges, it’s crucial for anyone facing theft crimes in California to seek a criminal defense attorney as soon as possible.
Petty Theft and Grand Theft Crimes in California
In California, theft crimes are categorized and sentenced primarily based on the value of the property stolen and the defendant’s criminal history. Petty theft involves the unlawful taking of property valued at $950 or less and is typically charged as a misdemeanor. Penalties often include fines, probation, or short jail sentences. Grand theft, however, occurs when the value of the stolen property exceeds $950 or when certain types of property, such as vehicles or firearms, are taken regardless of value. Grand theft is considered more serious and is classified as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. When charged as a felony, grand theft can result in up to three years of incarceration, and prior theft convictions often influence a prosecutor’s charging decision.
Sentence Enhancements for Theft Offenses
In addition to property value and prior convictions, other factors can further increase penalties for more serious theft-related offenses such as burglary and robbery. Burglary involves entering a structure with the intent to steal or committing a felony. Residential burglary is always charged as a felony, while commercial burglary may be charged as either a misdemeanor or a felony. A defendant’s criminal history often plays a significant role in whether felony charges are pursued for a burglary. Robbery is a serious offense and is always charged as a felony because it involves the use of force or fear. Robbery convictions are subject to substantial sentencing enhancements, including firearm enhancements and great bodily injury enhancements. These enhancements can add many years, or even decades, to a sentence, greatly increasing the consequences of a conviction.
California’s Three Strike’s Law and Theft Crimes
California’s Three Strikes law is one of the most impactful sentencing enhancement schemes in the United States. Under this law, a prior conviction for a “strike” or felony can substantially increase punishment for a new felony conviction. If a defendant has one prior strike, the sentence for a new felony is typically doubled. If the new felony is classified as a serious felony, the court must add an additional five-year enhancement for each prior serious felony conviction. If a defendant has two or more prior strikes, a third felony conviction can result in a sentence of 25 years to life in prison. This is particularly important in theft cases because certain theft-related crimes, such as robbery, qualify as serious or violent felonies and can trigger strike consequences. Due to the fact that many theft crimes are wobbler offenses, a prosecutor’s decision to file felony charges can have long-term consequences. If a prior theft conviction is treated as a felony, it may significantly enhance punishment for any future offenses, underscoring the importance of experienced legal representation.
Contact The Law Office of Nicolai Cocis for California Theft Crime Defense
If you or a loved one is facing theft-related charges in California, then you may be facing sentence enhancements that can impact your freedom and future. Sentencing enhancements can drastically alter the stakes of a theft case, sometimes increasing a potential sentence to decades or even life imprisonment.
At The Law Office of Nicolai Cocis, we have over 25 years of experience handling theft-related criminal defense cases throughout Southern California. An experienced California criminal defense attorney from our firm can challenge whether an enhancement applies, negotiate its dismissal, or seek alternative sentencing options. Contact us today to schedule a consultation.
