The Short Answer
California theft charges depend on what was taken, its value, and how: shoplifting and petty theft (under $950) are misdemeanors, grand theft can be charged either way, and robbery or burglary allegations change everything. First offenders often qualify for diversion or civil compromise that keeps a conviction off the record entirely.
California sorts theft by what was taken, what it was worth, who it came from, and whether anyone acted in concert. The number that decides most cases is $950. Below it, shoplifting under Penal Code 459.5 and petty theft under PC 484 and 488 are misdemeanors. Above it, the same conduct becomes grand theft under PC 487 — a wobbler the prosecutor can file as a felony.
Two things escalate a theft case beyond the value alone. Acting with others can bring PC 490.4 organized retail theft, the section behind the smash-and-grab prosecutions in the news. And force, fear, or entering a building turns theft into robbery or burglary, which are different offenses with strike consequences. Farris Law Firm defends the whole range across Orange County and Los Angeles.
Theft Charges We Defend
Petty theft (PC 484, PC 488)
Taking property worth $950 or less. The default theft charge, and the one most first offences land on.
Shoplifting (PC 459.5)
Entering a commercial establishment during business hours intending to take $950 or less. Created by Proposition 47 and charged as a misdemeanor — it cannot be filed as burglary instead.
Grand theft (PC 487)
Property over $950, or a firearm, or a vehicle. A wobbler in most forms, but grand theft of a firearm under PC 487(d)(2) is a felony and a strike.
Organized retail theft (PC 490.4)
Acting in concert with others to take merchandise for resale or return. A wobbler, and the charge behind most coordinated retail prosecutions.
Receiving stolen property (PC 496)
Buying, receiving, or concealing property you knew was stolen. Knowledge is the element, and it is regularly assumed rather than proven.
Burglary and robbery (PC 459, PC 211)
Entering with intent to steal, or taking by force or fear. Both carry strike exposure that a straight theft charge does not, and both are frequently overfiled from what was really a theft.
Defenses That Work in Theft Cases
Theft requires intent to permanently deprive, and value is an element the prosecution has to prove rather than assert. Both are frequently soft:
- Claim of right: taking property you honestly believed was yours is not theft, even if the belief was mistaken
- No intent to permanently deprive — walking out while distracted, or intending to pay or return, is not the same offence
- Value below $950, which moves grand theft to petty theft; retail price is not automatically fair market value
- Mistaken identity, which loss-prevention video and a written report from a witness who watched a monitor rarely resolve as cleanly as the file suggests
- No knowledge the property was stolen, the element that carries PC 496 and the one most often inferred rather than proven
- Civil compromise under PC 1377 and PC 1378, where the victim is made whole and the court may dismiss — available for many, though not all, theft offences
Frequently Asked Questions
Is shoplifting under $950 a felony in California?
No. Proposition 47 created PC 459.5, which makes entering a store during business hours intending to take $950 or less a misdemeanor — and expressly bars the prosecution from charging the same conduct as burglary to get around the limit. The maximum is 6 months in county jail and a $1,000 fine. Value is measured by fair market value, not the sticker price, and that distinction changes the charge in genuinely borderline cases.
What is the difference between petty theft and grand theft?
The $950 line. At or below it, PC 484 and PC 488 make it petty theft, a misdemeanor capped at 6 months and $1,000 under PC 490. Above it, PC 487 makes it grand theft, a wobbler that can be filed as a felony carrying 16 months, 2, or 3 years. Three categories are grand theft regardless of value: firearms, vehicles, and property taken directly from a person. Grand theft of a firearm under PC 487(d)(2) is also a strike.
If I give the property back, does the case go away?
Not automatically, but it can matter a great deal. Two mechanisms exist. Civil compromise under PC 1377 and PC 1378 allows a court to dismiss where the victim has been made whole and consents — it is available for many theft offences, though not all, and the court still has to agree. Judicial diversion under PC 1001.95 can dismiss the case on completion of conditions. Neither is a right, and returning property does not by itself undo the charge, but both are worth pursuing early rather than after a plea.
Will a theft conviction stop me getting a job?
It can, more than the sentence suggests. Theft is treated as a crime of moral turpitude, which is why it carries weight with licensing boards, immigration authorities, and any employer who can lawfully ask. That is often the real cost of a misdemeanor that carried no jail at all. It is also why the record matters after the case ends: a completed diversion leaves no conviction, and an eligible conviction can be dismissed under PC 1203.4.