What Is Theft Under California Law?

Theft is broadly defined as the unlawful taking of someone else’s property with the intent to permanently deprive them of it. California distinguishes between various theft crimes, ranging from petty theft to felony grand theft, burglary, robbery, and receiving stolen property.

Common Theft-Related Penal Code Sections in California

Petty Theft – Penal Code § 484 & § 488
Petty theft generally involves stolen property valued at $950 or less. It is usually charged as a misdemeanor, punishable by up to 6 months in county jail and a fine of up to $1,000.

Grand Theft – Penal Code § 487
Grand theft applies when the value of the stolen property exceeds $950 or involves specific items such as firearms or vehicles. It can be charged as a misdemeanor or felony (“wobbler”), with potential felony penalties including up to 3 years in county jail.

Burglary – Penal Code § 459
Burglary is defined as entering a structure with intent to commit theft or any felony. First-degree burglary (residential) is a felony, while second-degree burglary (commercial) may be charged as a misdemeanor or felony.

Robbery – Penal Code § 211
Robbery is the taking of property from another person by force or fear. This is always a felony in California and is considered a strike offense under the Three Strikes Law.

Receiving Stolen Property – Penal Code § 496
Knowingly buying, receiving, or concealing stolen property can be charged under PC 496. Depending on the case, this may be prosecuted as a misdemeanor or felony.

Identity Theft – Penal Code § 530.5
This involves the unlawful use of another person's personal identifying information for fraudulent purposes. It may result in both criminal charges and federal investigation.

Embezzlement – Penal Code § 503
Embezzlement occurs when a person entrusted with someone else’s property fraudulently uses it for personal gain. This crime is typically prosecuted similarly to theft, with penalties based on the value taken.

Shoplifting – Penal Code § 459.5
Shoplifting is defined as entering a commercial establishment with intent to steal merchandise worth $950 or less during regular business hours. This is generally charged as a misdemeanor unless aggravating factors are present.

Common Theft-Related Penal Code Sections in California

A conviction for theft can result in:

• Jail or prison time
• Heavy fines
• Probation or parole
• Community service
• A permanent criminal record
• Immigration consequences for non-citizens
• Loss of employment or professional licensing

Defending Against Theft Charges in Northern California

At Tiemann Defense, our defense strategy may include:

• Challenging intent or knowledge
• Demonstrating mistaken identity
• Arguing lack of evidence
• Seeking diversion or alternative sentencing programs
• Reducing felonies to misdemeanors
• Pursuing case dismissal or acquittal

We have extensive experience handling theft-related cases in Sacramento County Superior Court, Placer County Superior Court, and El Dorado County Superior Court. We know the local prosecutors, judges, and legal procedures, which allows us to build an effective defense on your behalf.