Morris Law is an East Bay criminal defense firm serving Alameda County — Oakland, Berkeley, Emeryville, Alameda, Piedmont, Albany, and surrounding communities. Call (510) 330-0814 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). We have two East Bay offices — Oakland (2744 E 11th St · 510-824-8831) and Berkeley (2025 Rose St #200 · 510-350-3225) — and our attorneys appear in Alameda County Superior Court every week. Seth Morris spent years as a Deputy Public Defender in those exact courthouses.

What is theft crimes under California law?

East Bay 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 California 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. We assess collateral exposure at the start of every case.

How Morris Law defends theft crimes cases

Every case is different, but the defense strategies below are the ones that most often produce 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 California

Wherever you were arrested — Oakland Police, Berkeley Police, CHP, BART Police, or a county Sheriff — take these steps immediately:

  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) 330-0814. Our firm-wide line answers 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 California 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.
  • Two East Bay offices. Oakland (2744 E 11th St · East Oakland) and Berkeley (2025 Rose St #200 · North Berkeley).
  • 24/7 phone access at (510) 330-0814.
  • Clear, plain-language updates. No jargon.

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

Where we defend theft crimes cases

Two East Bay offices, one firm. Cases across the Bay Area and California — including federal cases in the Northern District.

Oakland Office

2744 E 11th St, Oakland, CA 94601
(510) 824-8831

Oakland theft crimes defense →

Berkeley Office

2025 Rose St #200, Berkeley, CA 94709
(510) 350-3225

Berkeley theft crimes defense →

How theft crimes cases move through California courts

Stage Where Timing
Arrest Oakland Police, Berkeley Police, CHP, Sheriff, or BART Police Day 0
Booking Glenn E. Dyer, Santa Rita Jail, or local PD Day 0–1
Arraignment Wiley W. Manuel (misdemeanors) or René C. Davidson (felonies) 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 California — Frequently Asked Questions

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

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 California 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 California 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 does Morris Law have offices?

Morris Law has two offices in the East Bay. The Oakland office is at 2744 E 11th St, Oakland, CA 94601 — (510) 824-8831. The Berkeley office is at 2025 Rose St #200, Berkeley, CA 94709 — (510) 350-3225. The firm-wide line is (510) 330-0814, available 24/7.

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 a California criminal defense lawyer?

Same day, in most cases. The firm-wide line is (510) 330-0814, answered 24 hours a day. If you or a family member has been booked at Glenn E. Dyer Detention Facility, Santa Rita Jail, or Berkeley Police Department, we can arrange contact within hours from either office.

Get a free theft crimes case review

Talk to a California criminal defense lawyer today. Call (510) 330-0814 — our firm-wide line, answered 24 hours a day. Or contact either office directly: Oakland at (510) 824-8831, Berkeley at (510) 350-3225.

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