Theft–California Crimes

San Diego Theft Crimes Defense Lawyer Outlines California Theft Laws

Theft is a term used to cover a wide range of crimes. Some Theft charges are differentiated by the market value of the item(s) stolen. Fair market value is the highest amount the property could have reasonably sold for on the day and in the place it was taken. Other Theft charges are distinguished by the manner in which the property was taken.

Petty Theft – You can be charged with Petty Theft if the property or services involved value less than $400. Shoplifting is a common petty theft crime. More information can be found on this website under Petty Theft.

Petty Theft with Priors – California Penal Code §666 states that if you have three prior petty theft convictions, you could be charged with a misdemeanor or a felony. This potentially raises your sentence from 1 year in a county jail to up to 3 years in a state prison.

Petty Theft as an Infraction – Petty Theft is a rare crime in that it can be charged as a felony, misdemeanor or even an infraction. Per Penal Code 490.1, if the value of the property taken is $50 or less, the crime can be charged either as a misdemeanor or even an infraction (as long as the accused has no prior theft-related conviction).

Taking Lost Property – Under Penal Code 485, anyone who finds lost property under circumstances where he could inquire into who the owner might be, but who takes the property without making reasonable effort to find out who the owner is, is guilty of a misdemeanor. This crime can also be charged as an infraction.

Grand Theft – You will be charged with Grand Theft if the property or services taken are worth $400 or more. There are some exceptions to this rule. For example, regardless of the worth of the items taken, if theft occurs from a person you will be charged with grand theft. More information can be found on this website under Grand Theft.

Receiving Stolen Property – Buying, selling or receiving property you know to be stolen is a crime known as Receiving Stolen Property and can be charged either as a misdemeanor or a felony per Penal Code 496.

Burglary – There are essentially two types of burglary: burglary in the second degree, often referred to as commercial burglary, and burglary in the first degree or residential burglary. Commercial burglary is a wobbler, meaning it can be charged either as a misdemeanor or a felony. Residential burglary is a strike felony offense.

RobberyRobbery is committed when you take property from the person of another by using force or fear. It is a crime of violence and a strike offense.

Check FraudCheck Fraud is when you knowingly pass off a fake, altered check with the intention of obtaining money that isn’t yours.  This can be charged either as a felony or a misdemeanor.

Embezzlement – Per Penal Code 503, embezzlement is taking property of another after the owner entrusted the property to you. This comes up most often in employer/employee relationships. Per Penal code 514, it can be charged either as a felony, misdemeanor or even an infraction.

Unlawful Taking or Driving of a Vehicle – Vehicle Code 10851 makes it a crime to take or drive a vehicle without the consent of the owner. This crime can be charged either as a misdemeanor or a felony.