What is Theft Crime Defense in California?
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 of property valued under $950 is misdemeanor petty theft, while theft above $950 is grand theft. Robbery, carjacking, and certain burglaries remain serious felonies and strike offenses regardless of value.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Petty Theft (PC §484 / §488). Misdemeanor: up to 6 months county jail and $1,000 fine.
- Grand Theft (PC §487). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years.
- Shoplifting (PC §459.5). Misdemeanor: up to 6 months county jail (post-Prop 47, value must be $950 or less).
- Burglary 1st Degree (Residential, PC §460(a)). Felony: 2, 4, or 6 years state prison. Strike offense.
- Burglary 2nd Degree (Commercial, PC §460(b)). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years.
- Robbery (PC §211). Felony: 1st degree 3, 6, or 9 years; 2nd degree 2, 3, or 5 years. Strike offense.
- Carjacking (PC §215). Felony: 3, 5, or 9 years state prison. Strike offense.
- Auto Theft / Joyriding (VC §10851). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years (up to 4 years for certain vehicles).
- Receiving Stolen Property (PC §496). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years.
- Embezzlement (PC §503). Charged as petty or grand theft based on value.
- Identity Theft (PC §530.5). Wobbler: misdemeanor up to 1 year; felony up to 3 years.
- Vandalism (PC §594). Wobbler depending on damage value; misdemeanor under $400, wobbler above.
Defenses Our California Lawyers Use
- Claim of right. Honest belief that the property belonged to you is a complete defense to theft under People v. Tufunga — even if the belief was unreasonable.
- Lack of intent. Theft requires specific intent to permanently deprive the owner. Forgetting to scan an item, intoxication negating intent, and intent to return the property can defeat the case.
- Mistake of fact. Picking up the wrong bag, taking a coat you thought was yours, or borrowing with implied permission can negate criminal intent.
- Prop 47 reduction. Many pre-2014 felony theft convictions can be reduced to misdemeanors under PC §1170.18 if the value was $950 or less.
- Civil compromise. Under PC §1377, certain misdemeanor theft cases can be dismissed if the defendant pays restitution and the victim acknowledges satisfaction.
- Diversion (PC §1001.95). First-time misdemeanor theft defendants may qualify for judicial diversion ending in dismissal.
- Wobbler reduction (PC §17(b)). A felony wobbler can be reduced to a misdemeanor at sentencing or after probation, restoring rights and improving employment outcomes.
- Aggregation challenges. Prosecutors sometimes ‘aggregate’ multiple small thefts to reach grand-theft thresholds. Aggregation requires a single scheme and continuing intent — separate incidents do not qualify.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland theft crime defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
The Berkeley office serves clients facing charges in Berkeley, Albany, Emeryville, El Cerrito, and across northern Alameda County, as well as UC Berkeley students and faculty. See Berkeley theft crime defense services →
Frequently Asked Questions
What is the difference between petty theft and grand theft in California?
The dividing line is $950, set by Proposition 47 (2014). Theft of property valued at $950 or less is petty theft (misdemeanor, up to 6 months jail). Theft above $950 is grand theft (wobbler, up to 3 years state prison). Exceptions: theft of a firearm or automobile is automatically grand theft regardless of value (PC §487(d)).
Is shoplifting always a misdemeanor in California?
Yes if the value is $950 or less. PC §459.5 (created by Prop 47) makes entering a commercial establishment during business hours with intent to steal $950 or less a misdemeanor. Shoplifting over $950, or shoplifting after the store is closed, can be charged as commercial burglary (PC §459).
Can a Prop 47 reduction remove an old felony from my record?
Yes. PC §1170.18 lets people with pre-2014 felony theft, drug-possession, or forgery convictions petition to reduce them to misdemeanors. Once reduced, you can answer ‘no’ to felony-conviction questions for most purposes, and the conviction no longer counts as a strike or prohibits firearm rights based solely on the felony.
What makes burglary ‘residential’ vs. ‘commercial’ in California?
PC §460(a) (residential / first-degree burglary) is entering an ‘inhabited dwelling’ with intent to commit theft or any felony — strike offense, 2-6 years state prison. PC §460(b) (commercial / second-degree burglary) is entering any non-residential structure — a wobbler, up to 3 years. Whether a structure is ‘inhabited’ is fact-specific (vacation homes, hotel rooms, occupied garages can all qualify).
Can I be charged with robbery if I never used a weapon?
Yes. Robbery (PC §211) requires force OR fear — no weapon needed. A push, shove, or implied threat is enough. Robbery is always a felony, always a strike. Estes robbery (shoplifting followed by force to escape) and ‘second-degree’ robbery still carry 2-5 years prison.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.