Understanding Theft Charges in California: Petty Theft vs. Grand Theft
Being accused of theft puts you in a very difficult position. If you’re convicted, you face penalties that include incarceration and heavy fines. Even worse is the damage to your reputation. Having a theft conviction on your record makes you appear dishonest and untrustworthy. It makes employers unwilling to hire you and landlords unwilling to rent to you. It can even interfere with social relationships.
You can protect your reputation and future by doing everything possible to avoid a conviction. The most effective way to defend against accusations is to retain a dedicated defense attorney as soon as possible. A knowledgeable defense lawyer may be able to get the matter resolved before an arrest is made or charges are filed.
It is important to understand whether the situation in your case involves petty theft or grand theft. A seemingly minor difference in facts may have a huge impact on the outcome for your future.
Understanding the Crime of Theft
Many types of actions can constitute theft under Section 484 of the California Penal Code. Taking property belonging to another person with the intent to permanently deprive that owner is the classic definition of theft and is sometimes referred to as larceny. However, many other types of conduct are also considered theft. If someone trusts you with property and you take it for your own use, that is a form of theft known as embezzlement.
If you trick someone into giving up money, or you accept payment for a job that you never perform, that can also be considered theft by false pretenses or fraud. Shoplifting is another common form of theft. Even if you find lost property and don’t take appropriate steps to return it to the original owner, you can be convicted of theft.
All forms of theft can potentially be penalized as either petty theft or grand theft. The classification impacts the severity of the penalties.
Often, accusations of theft are made by people who are angry or disappointed and seeking revenge. But whether the allegations are completely false or have some basis in reality, it is important to take vigorous action to defend your rights.
Factors That Determine Whether Theft is Treated as Petty or Grand in California
Several factors determine how severe a theft crime will be treated under California law. These include:
- The value of the property
- The type of property
- Whether the person accused has prior convictions on their record
- The use of force
- Other circumstances associated with the theft
The theft statute specifies that the value of the property is determined by “the reasonable and fair market value” of that property. A skilled attorney may be able to present evidence to show why the property at issue has a “reasonable” value that is far lower than the prosecution claims, resulting in less serious charges.
Grand Theft in California
Theft is divided into two degrees under California penal law. When theft involves property (or labor) worth more than $950, it is considered grand theft, the more serious form of theft. However, other theft situations may be treated as grand theft regardless of the value of the property involved.
If you take property directly from the body of another person, such as grabbing the bag off their shoulder or taking money from their pocket, that is considered grand theft under Section 487 of the Penal Code. If force or threats of force were used during the taking, then you may be charged with robbery.
When calculating the value of property taken, the law allows prosecutors to add together the value of items taken in “distinct yet related” acts. So if property is taken from separate people in different counties, the values can be combined to make the crime a grand theft. However, the crimes must occur within 90 days, and the actions must be “motivated by one intention, one general impulse, and one plan.” A diligent defense lawyer may be able to show that actions should not be aggregated, keeping an offense at a lower tier of severity.
Petty Theft
When shoplifting, fraud, or another form of theft involves property valued at $950 or less and that property does not consist of a firearm or vehicle, it can be treated as petty theft. For instance, taking jewelry worth $900 would be petty theft. However, if the jewelry was valued at $975 or taken directly from someone who was wearing it, the crime becomes grand theft.
Differences in Penalties for Grand Theft vs. Petty Theft
Both petty theft and grand theft can be penalized by a term of imprisonment, a fine, or both. If you have a previous conviction on your record, the penalties can be more severe, even if the crime involves property of low value. That makes defense crucial.
When someone is convicted of grand theft of a firearm, Section 489 of the Penal Code specifies a felony term of incarceration in state prison for 16 months, two years, or three years. In many other cases, grand theft may be treated as a misdemeanor, with a sentence including up to one year in the county jail, a fine of up to $5,000, or both. By contrast, a conviction for petty theft carries a maximum fine of $1,000 and no more than six months in jail. If the value of the property taken is no more than $50 and the person charged has no prior theft convictions, the judge may treat it as an infraction rather than a misdemeanor.
Protect Yourself with an Effective Defense if You’ve Been Accused of Theft
Judges often have considerable discretion in how they treat individuals accused of theft crimes. When you work with an attorney who is prepared to make all the available arguments in your favor, it may be possible to avoid a conviction by a variety of means. But it is vital to understand the long-term ramifications of any outcome before agreeing to accept a deal.
At Berkowitz Law, we believe it is important for anyone accused of a crime to understand the details of the offense and their options at each stage of the proceedings, so they can make informed decisions. We know the detrimental effects a conviction can have on your life, and we work hard to minimize the negative consequences regardless of the circumstances.
If you’ve been accused of theft, contact us now to learn how we can help protect your reputation and your future. Just call us at 510-947-0300 or contact us online to get started.