Morris Law is an Oakland criminal defense law firm. Call (510) 824-8831 for a free case review of your theft crimes case. Theft Crimes in California is governed by California Penal Code §§484 (theft), 487 (grand theft), 211 (robbery), 459 (burglary). Our office at 2744 E 11th St, Oakland is in East Oakland, about 2 miles from the Alameda County courthouses in Downtown Oakland — where every Oakland case is heard. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is theft crimes under California law?

Oakland Theft Crime Lawyer — Morris Law

California theft crimes are organized in Penal Code §§484–502 and graded by value, manner, and victim. The principal dividing line is the $950 threshold under Proposition 47 (2014): theft under $950 is petty theft (misdemeanor); theft above $950 is grand theft (wobbler). Robbery (PC §211), carjacking (PC §215), and residential burglary (PC §460(a)) remain serious felonies and strike offenses regardless of value.

Penalties for theft crimes in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in Oakland and Alameda County cases:

  • Petty theft (PC §484/488): misdemeanor up to 6 months county jail
  • Grand theft (PC §487): wobbler up to 3 years state prison
  • Shoplifting (PC §459.5, post-Prop 47): misdemeanor up to 6 months county jail
  • Burglary 1st degree residential (PC §460(a)): felony 2, 4, or 6 years state prison; strike
  • Burglary 2nd degree commercial (PC §460(b)): wobbler up to 3 years
  • Robbery (PC §211): 1st-degree 3, 6, or 9 years; 2nd-degree 2, 3, or 5 years; strike
  • Carjacking (PC §215): felony 3, 5, or 9 years state prison; strike
  • Auto theft (VC §10851): wobbler up to 4 years state prison
  • Receiving stolen property (PC §496): wobbler up to 3 years
  • Identity theft (PC §530.5): wobbler up to 3 years state prison

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence.

How Morris Law defends theft crimes cases in Oakland

Every case is different, but the defense strategies below produce the most dismissals, reductions, and acquittals:

  • Claim of right — honest belief the property belonged to you is a complete defense under People v. Tufunga.
  • Lack of intent — theft requires specific intent to permanently deprive. Forgetting to scan, intoxication, or intent to return can defeat the case.
  • Mistake of fact — picking up the wrong bag, taking a coat you thought was yours.
  • Prop 47 reduction under PC §1170.18 — pre-2014 felony theft convictions can be reduced to misdemeanors if value was $950 or less.
  • Civil compromise under PC §1377 — case dismissed if restitution is paid and the victim acknowledges satisfaction.
  • PC §1001.95 judicial diversion — first-time misdemeanor theft defendants may qualify.
  • PC §17(b) wobbler reduction — felony wobbler reduced to misdemeanor restores rights.
  • Aggregation challenges — prosecutors sometimes aggregate small thefts. Aggregation requires a single scheme and continuing intent.

What to do if you are arrested for theft crimes in Oakland

Most Oakland arrests are made by the Oakland Police Department (OPD). BART Police handle transit arrests. CHP handles freeway enforcement. Alameda County Sheriff handles unincorporated areas. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 824-8831. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record events while fresh.

Why Oakland residents choose Morris Law for theft crimes defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Oakland office at 2744 E 11th St — East Oakland, about 2 miles from the courthouses.
  • 24/7 phone access at (510) 824-8831.
  • Clear, plain-language updates.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How theft crimes cases move through Alameda County

Stage Where Timing
Arrest Oakland — often by OPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Theft Crimes defense in Oakland — Frequently Asked Questions

What is the difference between petty and grand theft in Oakland?

The dividing line is $950. Petty theft ($950 or less) is a misdemeanor with up to 6 months county jail. Grand theft (above $950) is a wobbler with up to 3 years state prison. Firearm theft or auto theft is grand theft regardless of value under PC §487(d).

Is Oakland shoplifting always a misdemeanor?

Yes if the value is $950 or less. PC §459.5 (Prop 47) makes entering a store during business hours with intent to steal $950 or less a misdemeanor. Shoplifting above $950 or after hours can be charged as commercial burglary.

Can Oakland grand theft be reduced under Prop 47?

Yes for pre-2014 convictions. PC §1170.18 lets defendants with pre-2014 felony theft convictions petition to reduce them to misdemeanors if the value was $950 or less. Once reduced, most rights are restored.

Where do Oakland criminal cases go to court?

Oakland cases go to Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St). Felonies go to the René C. Davidson Courthouse (1225 Fallon St). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with an Oakland criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 824-8831. If a family member has been booked at Glenn E. Dyer Detention Facility or Santa Rita Jail, we can arrange contact within hours.

Get a free theft crimes case review

Talk to an Oakland criminal defense lawyer today. Call (510) 824-8831 or fill out our online form. Free case review. 24-hour phone. Oakland office at 2744 E 11th St.

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Specific theft crime charges we defend in Oakland

Each link opens a page written for that specific charge — with the exact statute, penalties, defenses, and case examples.

Related pages

Official government resources