How theft charges are graded.
California grades theft mainly by value and by what was taken. Petty theft under Penal Code 488 covers most of what people are actually arrested for; grand theft under Penal Code 487 applies above a threshold value or to specific categories such as firearms and vehicles. Proposition 47 moved a large share of these offences down, and Penal Code 490.2 is the section that did it.
Burglary works differently and is widely misunderstood. Under Penal Code 459 it is the entry into a structure with the intent to commit theft or any felony, formed before entering. Nothing has to be taken, and no lock has to be broken. Walking into an open shop can be burglary if the intent was formed outside, which is why the intent element rather than the entry is where these cases are actually fought. The section was amended in 2025.
Almost everything in this area is a wobbler. That means the district attorney chooses whether to file it as a felony or a misdemeanour, and the court can reduce a felony later under Penal Code 17(b). Those two decisions matter far more to most people's lives than the sentence does.
Theft and property charges I defend.
These are the theft and property charges I defend across California.
Common theft offences
- Petty theft (Penal Code 488). Theft below the statutory threshold, and the most commonly filed offence in this area.
- Theft defined (Penal Code 484). The general section, covering taking by trick or false pretence as well as straightforward taking.
- Grand theft (Penal Code 487). Applies above the threshold value or to specified property including firearms and vehicles. Amended in 2024.
- Vandalism (Penal Code 594). Graded by the cost of repair, which is supplied by the complainant and is frequently contestable.
- Trespass (Penal Code 602). Often filed alongside, and often the count that survives when the others do not.
Felony property offences
- Burglary (Penal Code 459). Entry with intent formed beforehand. Nothing needs to be taken and no force is required. Amended in 2025.
- Degrees of burglary (Penal Code 460). First degree covers inhabited dwellings and is a strike; second degree is a wobbler.
- Receiving stolen property (Penal Code 496). Requires knowledge that the property was stolen, which is proved by inference and is often the weakest element.
- Embezzlement (Penal Code 503). Theft by someone entrusted with the property, charged through the grand or petty theft framework.
- Identity theft (Penal Code 530.5). Covers the use of another person's information, and can be charged per incident.
Charges often filed alongside
- Robbery (Penal Code 211). A theft accomplished by force or fear. It is a strike, which makes the distinction from theft the most consequential one in this area.
- Forgery (Penal Code 470). Charged where a document or signature is alleged to be false.
- Burglary tools (Penal Code 466). A misdemeanour possession offence commonly added to a burglary allegation.
Grading and reduction
These sections decide how an offence is graded and whether it can be brought back down, which is usually where the real work is.
- Reduction of a felony to a misdemeanour (Penal Code 17(b)). The mechanism for bringing a wobbler back down, and frequently the most valuable outcome in the case. Amended in 2024.
- Proposition 47 reclassification (Penal Code 1170.18). Allows qualifying past felony convictions to be reclassified as misdemeanours.
- Value threshold for theft (Penal Code 490.2). The section that determines when theft is petty regardless of what was taken.
- Petty theft with a prior (Penal Code 666). Elevates exposure based on the record rather than on the current offence.
If you are not sure whether what you were charged with is a felony or a misdemeanour, the paperwork will say, and it is worth knowing before the first court date. Where it is a wobbler, that is the conversation to be having from the beginning rather than at sentencing.
What a theft conviction can cost.
What a theft conviction costs depends much more on its grading and its character than on its sentence.
- Custody. From none on a first petty theft through to state prison on a residential burglary, which is also a strike.
- A crime of dishonesty. Theft convictions are treated as crimes involving moral turpitude, which means they can be used to attack credibility and they carry weight in immigration proceedings.
- Employment. This is the category employers screen for most closely. A theft conviction closes roles that a more serious conviction of a different kind would not.
- Professional licensing. Boards treat dishonesty offences seriously and reach their own conclusions independently of the court.
- Immigration. A theft offence can be an aggravated felony depending on the sentence imposed, which makes the length of a suspended term consequential in ways it otherwise would not be.
- Restitution. Ordered separately from any fine, based on claimed loss, and enforceable long after the case ends.
Getting a felony reduced to a misdemeanour changes several of these at once, which is why it is usually worth more than a shorter sentence.
Why intent is usually the weak point.
Intent is the element that fails first
Burglary requires an intent formed before entry. Receiving stolen property requires knowledge that it was stolen. Theft requires an intent to deprive permanently. None of these can be observed, so all of them are argued from circumstances, and circumstantial inferences are contestable in a way that video is not.
Value is supplied by the complainant
The line between petty and grand theft, and the grading of vandalism, both depend on a figure that usually comes from the person reporting the loss. Retail figures are often given at full price rather than at cost. That number is evidence, not fact, and it can be challenged.
Civil compromise exists and is under-used
For some offences a case can be resolved where the loss has been made good and the complainant agrees. Eligibility is narrow, it is not available for every charge, and it has to be raised early rather than discovered at sentencing.
What experience with these cases actually changes
It is knowing which counts are routinely overcharged, when a wobbler will realistically come down, whether diversion or civil compromise is genuinely available in a given county, and what a loss figure is actually built on. I have been doing this since 1999.
Whether hiring an attorney is worth it depends on what you are facing. On a first petty theft with no record, there are people who reasonably handle it themselves. Where a felony is charged, where there is a prior, where a professional licence or an immigration question is in play, or where a burglary count is filed, the consequences are long and hard to undo. Call me and I will tell you which situation you are in, and what representation would cost.
How I defend theft cases.
- Reading what was actually filed — felony or misdemeanour, and whether the count charged fits the conduct described in the report.
- Testing the case — whether intent can be established, whether the value figure holds up, whether knowledge is supported, and whether the search that produced the property was lawful.
- Investigation — surveillance footage, receipts and messages, plus the accounts given before anyone had settled on a version.
- Diversion and civil compromise — checked at the outset, because eligibility is more often lost by delay than refused on the merits.
- Reduction — pursuing a Penal Code 17(b) reduction where a wobbler has been filed as a felony.
- Personal attention — you work with us directly.
I have been licensed to practise in California since 1999, State Bar number 203402, and I defend these cases across nine Northern California counties from offices in Sacramento and Roseville. When you call, tell me whether the paperwork says felony or misdemeanour — almost everything follows from that.
Where I handle theft cases.
I appear in the criminal courts of all nine counties below. The court that hears your case is set by where the offence is alleged to have occurred.
Sacramento County Placer County Yolo County El Dorado County San Joaquin County Butte County Yuba County Solano County Sutter County
Where a city has enough demand for this charge to warrant its own page, I have written one:
Theft questions I hear most.
What is the difference between petty theft and grand theft?
Value, and the type of property. Grand theft under Penal Code 487 applies above the statutory threshold or to specified property such as firearms and vehicles; everything else is petty theft under Penal Code 488. Penal Code 490.2 narrowed this considerably, so a great deal of what used to be charged as grand theft is now petty theft regardless of how it is described in the report.
Can I be charged with burglary if I did not break in or take anything?
Yes. Burglary under Penal Code 459 is entry with the intent to commit theft or a felony, formed before entering. No breaking is required, nothing needs to be taken, and entering an open business during trading hours can qualify. Because the intent has to exist before entry and cannot be observed, it is usually the element the case turns on.
What is a wobbler and why does it matter so much here?
An offence that can be filed as either a felony or a misdemeanour. Most theft and property offences are wobblers. Which way it is filed, and whether a felony can later be reduced under Penal Code 17(b), affects firearm rights and employment, and carries immigration weight the sentence usually does not.
The store says the items were worth more than they were. Does that matter?
It can matter a great deal, because value sets the grading. Loss figures generally come from the complainant and retail figures are often given at full price rather than at cost. The figure is evidence rather than fact, and where it sits near a threshold it is worth testing.
Can a theft case be resolved without a conviction?
Sometimes. Diversion is available for some offences and some records, and civil compromise can resolve certain cases where the loss has been made good and the complainant agrees. Both are narrow and both depend on the charge and the county — see Sacramento County and Placer County. Eligibility is usually lost by waiting.
Will a theft conviction affect my job?
This is the category employers screen for most closely, because a theft conviction is treated as a crime of dishonesty. It can close roles that a more serious conviction of a different kind would not. Reduction and later relief both help — see record relief.
What does defending a theft case cost?
It depends on whether it is charged as a felony or a misdemeanour, whether there is a prior, and whether diversion is available. Call and I will tell you what representation in your situation would cost before you commit to anything.
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