Theft is one of the most common charges filed in California. While every case involves taking someone else’s property, the law separates theft into different categories based on the value of what was taken and how it happened. The two main types are petty theft and grand theft. The difference between the two can affect whether you face a misdemeanor or a felony charge.
Frances Prizzia Criminal Defense Lawyers helps people accused of theft crimes fight for their future. Whether you’re facing petty or grand theft, a strong defense can make a real difference. These charges may seem minor at first, but a conviction can follow you for life.
Our team understands how to challenge the evidence, raise doubt, and push back against unfair penalties. If you're facing charges under California Penal Code 484, 487, or a related law, we’re ready to help.
Petty theft involves taking property valued at $950 or less. This crime often includes shoplifting or taking someone’s items without permission. Under California Penal Code 484, prosecutors must prove the person took something they did not own, intended to keep it, and did not plan to return it to the rightful owner.
A common example is walking out of a store with unpaid merchandise. Petty theft is usually charged as a misdemeanor and can lead to up to six months in county jail, fines, and probation. But even a small charge can have big consequences, especially for those with a criminal history.
Grand theft is more serious. Under California Penal Code 487, it applies when the value of the stolen property is over $950. It also covers cases involving firearms, motor vehicles, or stolen property taken directly from a person. Grand theft can be charged as either a felony theft or a misdemeanor, depending on the facts.
If charged as a felony, the person can face up to three years in state prison. This crime also includes embezzlement, false pretense, and larceny if the intent was to permanently deprive the property owner of their belongings. A grand theft charge is serious and should never be ignored.
Factor | Petty Theft | Grand Theft |
|---|---|---|
Value of Property | Usually below $950 | Typically $950 or more |
Charge Type | Misdemeanor | Often felony, but can be a misdemeanor |
Maximum Penalties | Up to 6 months in jail and fines | Up to 3 years in prison and higher fines |
Examples | Shoplifting, stealing small items | Car theft, large electronics, jewelry |
Criminal Record Impact | Less severe but still serious | Can result in a felony record |
Prosecutors look at the value of the stolen item, how the property was taken, and whether there was force, deception, or a violation of trust. Items worth less than $950 usually lead to petty theft charges, unless the case involves a firearm or the accused has a prior record.
If the stolen goods are high-value items or the theft involved trickery or false pretense, prosecutors may pursue felony theft charges. They will also check for repeat offenses and any evidence showing the intent to commit theft. A good defense attorney can often challenge the classification of the charge.
Whether you are charged with petty or grand theft, both carry consequences that can affect your freedom, finances, and future. These convictions may lead to jail time, fines, and lasting marks on your record. Understanding the penalties can help you and your defense attorney make informed decisions.
In many cases, yes. A petty theft conviction may be expunged if the person completed probation and met all conditions. Grand theft may als
o be eligible for expungement, depending on whether it was charged as a misdemeanor or felony theft and whether the sentence involved jail time.
However, if the court finds the individual has violated the law again or failed to complete sentencing terms, it may deny the request. Expungement does not erase the criminal record, but it can help with employment and housing.
Theft charges can be challenged in several ways. The defense may argue mistaken identity, lack of intent, or that the person had permission to use the property. In grand theft cases, a strong defense can focus on reducing the charge to a misdemeanor or proving reasonable doubt.
If the evidence is weak or inconsistent, a criminal defense attorney can push for dismissal. Each criminal case is different, which is why it’s important to have a skilled attorney who can investigate the facts, protect your rights, and fight for the best result.
1. What Is the Main Difference Between Grand Theft and Petty Theft?
The difference between grand theft and petty theft mostly comes down to the value of the property taken. If the stolen item is worth more than $950, it usually qualifies as grand theft. If it’s worth less, it’s usually charged as petty theft. However, taking certain items like firearms or taking property from a person’s possession may also raise the charge to grand theft, regardless of value.
2. Is Theft Considered a Severe Crime in California?
Yes. Theft is a severe crime when it involves high-value items, use of force, or prior convictions. While petty theft may seem minor, grand theft, also known in some states as grand larceny, can be a felony that leads to time in state prison, especially if the court finds you guilty of intentionally stealing with no plan to return the property.
3. What Are the Major Types of Theft Crimes?
There are four major types of theft under California law. These include larceny (physically taking property), embezzlement (misusing funds placed in your care), false pretense (lying to gain money or property), and theft by trick. Each has its own legal elements, but can lead to petty or grand theft charges.
4. Can I Be Convicted Without Strong Evidence?
No. To be convicted, the prosecution must prove the crime beyond a reasonable doubt. This includes proving that the person intended to steal, took someone else’s property, and did so without permission. If there’s weak evidence or unclear intention, a skilled defense attorney may be able to have the charges reduced or dropped.
5. What Happens if I’m Arrested but Innocent?
Being arrested does not mean you're guilty. It starts a criminal case, but the court must still evaluate all the facts. If you’ve been wrongly accused of theft, your lawyer can work to show that there was no intention to steal, that the property was taken with permission, or that you were not the person involved at all.
Facing a theft charge can be overwhelming, especially when the consequences include jail time, large fines, or a permanent mark on your criminal record. Whether you've been charged with petty theft, grand theft, or are under investigation for theft, don’t wait to get help. You have legal rights, and with the right defense, you can fight back.
At Frances Prizzia Criminal Defense Lawyers, our law firm defends people charged with theft in Orange County and across Southern California. We understand California law, the court system, and what it takes to challenge both grand and petty theft charges. We’ll take the time to explain your options, develop a strategy, and fight for the best possible outcome in your case.
We offer a free case evaluation to help you get started. Call our team today to speak with a lawyer who’s ready to protect your future.
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