Theft Crimes
Petty Theft
Petty Theft – Penal Code 484 & 488
In California, petty theft under Penal Code 484 & 488 is committed when a person steals the property of another, and the value of the stolen property is $950 or less.
Criminal Penalties
Petty theft is a misdemeanor.
If convicted of petty theft, you can be sentenced to county jail for up to six (6) months.
Grand Theft
Grand Theft – PC 487
In California, grand theft under Penal Code 487 is committed when
- a person takes money, labor, or real or personal property from another, and
- the value of the theft exceeds $950.
Criminal Penalties
Grand theft is a “wobbler” charge, meaning it can be charged as either a misdemeanor or as a felony. If convicted as a felony, you can be sentenced to county jail for sixteen (16) months, two (2) years, or three (3) years, and if convicted as a misdemeanor, you can be sentenced to county jail for up to one (1) year.
Shoplifting
Shoplifting – PC 459.5
In California, grand theft under Penal Code 487 is committed when a person enters a commercial establishment with the specific intent to steal, the commercial establishment was open during regular business hours, and the value of the property stolen exceeds nine hundred fifty dollars ($950).
Criminal Penalties
Shoplifting is generally a misdemeanor but can also be a felony under some circumstances as well. If convicted as a misdemeanor, you can be sentenced to county jail for up to six (6) months.
However, if you have suffered a prior conviction for homicide, forcible sex crimes, or any crime requiring registration as a sex offender, you can be convicted of shoplifting as a felony.
Burglary
Burglary – Penal Code 459
In California, penal code 459 generally defines the crime of burglary as:
- A person entering an inhabited dwelling house, residence, or commercial building
- With the intent to commit grand theft, petty theft, or any felony
Burglary: First Degree vs. Second Degree
Burglary is divided into two levels:
First-degree burglary is the burglary of an inhabited dwelling house or residence.
- Second-degree burglary is the burglary of all other kinds of structures.
Burglary Criminal Penalties
First-degree burglary is a felony, and a conviction will result in two (2) years, four (4) years, or six (6) years of state prison.
Second-degree burglary is a “wobbler”, meaning it can be charged as either a misdemeanor or as a felony.
If convicted as a felony, you can be sentenced to county jail for sixteen (16) months, two (2) years, or three (3) years.
If convicted as a misdemeanor, you can be sentenced to county jail for up to one (1) year.
Robbery
In California, robbery under Penal Code 211 is:
- the taking of personal property from the victim or the victim's immediate presence
- the property was taken against the victim's will,
- the taking was accomplished by force of fear
- the taking was with the specific intent to deprive the victim of the property
Robbery: First Degree vs. Second Degree
Robbery is divided into two levels:
- First-degree robbery
- Second-degree robbery
A robbery is considered a first-degree robbery when there is a:
- robbery of driver or passenger of a bus, taxi, streetcar, cable car, or other vehicle used for transportation,
- robbery taking place in an inhabited dwelling or structure
- robbery of any person while using an ATM or immediately after the person using an ATM and still in the vicinity of the ATM
All other kinds of robbery are second-degree robbery.
Robbery Criminal Penalties
A robbery is always a felony, and the consequences depend upon which degree of robbery you are ultimately convicted of. A conviction of first-degree robbery will result in three (3) years, four (4) years, or six (6) years of state prison.
Note: If you are convicted of first-degree robbery of an inhabited dwelling and the robbery was committed in concert with two or more other people, your conviction will result in three (3) years, six (6) years, or nine (9) years of state prison.
A conviction of second-degree robbery will result in two (2) years, three (3) years, or five (5) years of state prison.
Types of Theft and Robbery Offenses
What Are The Different Types of Theft And Robbery Offenses In California?
California has many theft crime offenses, some of which include petty theft, grand theft, burglary, shoplifting, embezzlement, and robbery among others. Some charges such as the crime of robbery can further be divided into degrees. For example, 1st-degree robbery is much more serious than 2nd-degree robbery. One of the things that is most damaging in theft cases is the unshakeable stigma of being labeled a convicted thief. Many individuals that I represent are young, and they may have stolen something relatively minor several years prior. However, unfortunately, most employers continue to be wary of hiring an individual who has been convicted of any theft crime. It can be very difficult for that person to obtain employment or career advancement in the future.
In all theft cases, as is the same for all criminal cases, one of the biggest issues is restitution. Restitution is the requirement that the victim be made whole again after the incident. For example, if the theft was proven to be worth $3,000 and that amount has not been recovered, a Court will order an individual to pay full restitution back to the alleged victim. Even if probation is successfully completed and the person completed all his other obligations, so long as restitution has not been made in full, courts will generally exclude the person from getting his or her theft record expunged (cleared).
