Facing a theft charge in the state of California can be frightening, especially when you’re unsure of the differences between petty theft and grand theft. A criminal conviction can affect your freedom, employment opportunities, and your future. As such, if you’ve been charged with any theft-related offense, it’s critical to understand what you’re up against and to contact an experienced California criminal defense attorney who can protect your rights and build a strong defense.
Understanding Criminal Theft Charges in California
In California, theft is the crime of stealing someone else’s property with the intent to permanently deprive them of it. Property can include not just physical items, but also money, labor, or services. Theft offenses are considered specific intent crimes, meaning prosecutors must prove that the defendant intended to steal at the time of the alleged offense. Both the intent to steal and the physical act of stealing must be proved by the prosecution beyond a reasonable doubt to secure a conviction.
The severity of a theft charge and the penalties that come with it will largely depend on the value and type of property stolen. Under California law, theft offenses are divided into two main categories: petty theft and grand theft.
What Is Petty Theft in California?
Petty theft is codified under California Penal Code 484 and is defined as the unlawful taking of property valued at $950 or less. It is typically charged as a misdemeanor offense and is considered less serious than grand theft, but it can still result in serious consequences. A conviction for petty theft may lead to penalties of up to six months in county jail, probation, community service and fines of up to $1,000.
However, petty theft can become far more serious under Penal Code 666(a), known as Petty theft with a Prior. If the accused has prior convictions for certain theft or violent offenses, the new petty theft charge may be enhanced to a felony, carrying up to three years in prison. This makes legal representation especially critical for those with any past theft convictions.
What Is Grand Theft in California?
Grand theft under California Penal Code 487(a), is the unlawful taking of property valued at more than $950. The grand theft law also includes the theft of certain items, such as firearms or motor vehicles, regardless of their value. Unlike petty theft, grand theft can be charged as either a misdemeanor or a felony. Prosecutors will weigh various factors including the method of theft, the type of property taken, and the defendant’s past criminal history when deciding how to file charges.
A person convicted of misdemeanor grand theft may face up to one year in jail, probation, and fines. However, if it is charged as a felony, the penalties can include 16 months, two years, or three years in state prison and a fine up to $10,000. In addition, a felony conviction will come with a permanent record that can impact employment, housing, social status, and immigration status. Also, any felony conviction will count under California’s “Three Strikes Law”, which enhances sentences for any future felony convictions, resulting in doubled sentences or even life imprisonment.
A felony conviction is serious and has lasting impact. Grand theft charges can also involve more complex schemes such as embezzlement, fraud, or false pretenses, making these cases especially serious and requiring legal expertise. It is recommended that anyone who is facing grand theft in California be represented by an experienced theft lawyer to try to lower or dismiss the charges.
Contact The Law Office of Nicolai Cocis for California Theft Crimes Defense
In California, both petty theft and grand theft charges can have lasting consequences, but the right legal defense team can make all the difference. The legal experts at The Law Office of Nicolai Cocis can review the facts of your case, challenge the prosecution’s evidence, and fight for a reduction or dismissal of charges. If you or someone you love has been charged with petty theft or grand theft in California, don’t wait. Contact us to schedule a consultation to discuss your theft defense options.
