Theft Offenses in California: Grand vs. Petty Theft

California law treats theft (also called larceny) as the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Whether a theft is charged as a misdemeanor or a felony hinges on the value and nature of the property taken. Understanding these distinctions is vital because the penalties range from a few months in jail to several years in state prison. This overview explains the elements of theft, how prosecutors distinguish grand theft from petty theft, the associated penalties, and common defenses. If you or a loved one faces theft charges anywhere in Los Angeles or the surrounding counties, the experienced attorneys at Radford & Rome, LLP are ready to help.

Elements of theft

For any theft charge, prosecutors must prove certain elements beyond a reasonable doubt. The CALCRIM No. 1801 jury instruction outlines these elements for both grand and petty theft:

1. Possession and taking – The defendant took possession of property owned by another without consent.
   
2. Intent – At the time of the taking, the defendant intended to deprive the owner permanently or long enough to deprive them of a significant portion of its value.
   
3. Movement – The property was moved, even a very short distance, and retained for some period of time.
   

Once theft is established, the jury must determine whether the crime was grand theft or petty theft.

Grand theft (Penal Code § 487)

Grand theft is reserved for higher‑value property or specific items. Under Penal Code § 487, theft qualifies as grand theft in any of the following situations:

• Property worth more than $950 – Stealing money, labor, real property or personal property valued over $950.
  
• Certain farm or aquaculture products – Taking domestic fowls, avocados, olives, citrus fruits, vegetables, nuts or other farm crops worth more than $250, or fish, shellfish, kelp or other aquacultural products from a commercial or research operation worth more than $250.
  
• Aggregate theft by employees – An employee or agent stealing property worth $950 or more from an employer over a 12‑month period.
  
• Theft from the person – Taking property directly from someone’s body, clothing or container is grand theft regardless of value.
  
• Automobiles and firearms – Stealing a car or firearm is always grand theft.
  

The statute also allows prosecutors to aggregate multiple smaller thefts if they are part of one plan or scheme, so long as the combined value exceeds $950.

Grand theft penalties

Grand theft is a wobbler, meaning the prosecutor can file it as a misdemeanor or a felony depending on the circumstances and the defendant’s criminal history. Penalties include:

Prosecutors often seek felony charges when the property value is high, when firearms or vehicles are involved, or when the defendant has prior convictions.

Petty theft (Penal Code § 488 and § 490.2)

If the value of the property or services taken is $950 or less, and none of the grand‑theft circumstances applies, the crime is petty theft. Penal Code § 490.2 (enacted by Proposition 47) confirms that obtaining any property worth $950 or less “shall be considered petty theft and shall be punished as a misdemeanor”.

Petty theft penalties

Petty theft is a misdemeanor punishable by up to six months in county jail and a fine up to $1,000. Judges frequently grant summary probation instead of jail time, especially for first‑time offenders. However, petty theft can be charged as a felony if the defendant has prior convictions for serious or violent felonies or multiple theft‑related convictions.

Elements of petty theft

To convict someone of petty theft under Penal Code § 488, prosecutors must prove that the defendant took property worth $950 or less, without the owner’s consent, intending to permanently deprive the owner. Separate petty thefts are not aggregated; each is treated as its own offense.

Defenses to theft charges

Experienced defense lawyers can raise a variety of arguments depending on the facts. Common defenses include:

• Lack of intent – Theft requires the intent to permanently deprive the owner. Demonstrating that the defendant intended to borrow the property or lacked the requisite intent can defeat the charge.
  
• Owner consent – If the alleged victim consented to the taking, no crime occurred.
  
• Mistaken identity – Eyewitnesses and surveillance footage can be unreliable. Establishing an alibi or exposing identification errors can show that the defendant was not involved.
  
• Rightful claim – Believing you had a legitimate claim or ownership interest can negate the “felonious taking” requirement.
  
• Valuation disputes – Challenging the prosecution’s valuation may reduce a grand theft to petty theft, significantly lowering the penalties. Expert testimony on fair market value can be critical.
  
• Insufficient evidence – The prosecution must prove every element beyond a reasonable doubt. Scrutinizing the evidence for inconsistencies or gaps can lead to dismissal or reduction of charges.
  

Related offenses

Several other California statutes address specific theft‑related conduct:

• Grand theft auto (Vehicle Code § 10851) – Taking or driving someone else’s vehicle without consent can be charged separately as grand theft auto. It is typically a wobbler with penalties similar to grand theft auto under Penal Code § 487(d)(1).
  
• Possession of a stolen vehicle (Penal Code § 496d) – Receiving or possessing a stolen vehicle is a separate offense and can be charged in addition to grand theft auto.
  

Protect your rights

Theft convictions can have long‑lasting consequences, including jail time, fines, restitution and a criminal record. Given the complex distinctions between petty and grand theft and the potential for felony charges, it is crucial to speak with a knowledgeable attorney.

At Radford & Rome, LLP, our former prosecutors have successfully defended clients against theft and property crime allegations throughout Southern California, including Los Angeles, Ventura, Orange, Riverside, San Bernardino and San Diego counties. We thoroughly evaluate the evidence, negotiate with prosecutors for reduced charges, and are prepared to fight for you at trial if necessary.

If you are under investigation or have been charged with theft, call us for a free consultation. Early intervention can help protect your rights and minimize the impact on your future.