Theft Sentencing & Punishment -  California Penal Code 484-488

Grand theft is considered a “wobbler,” which means the prosecution may charge a defendant with a felony or a misdemeanor. It also means that there are two different punishments for grand theft in California. The theft attorneys at Wallin and Klarich have had tremendous success getting felony grand theft charges reduces to misdemeanor charges, or even dismissed altogether.

Sentencing and Punishment for Grand Theft

A misdemeanor conviction of grand theft is punishable by imprisonment for up to one year in county jail.

A felony conviction of grand theft is punishable by imprisonment for up to three years in state prison.

A conviction for grand theft of a firearm will always be a felony and is punishable by imprisonment for up to three years in state prison.  See California Penal Code Section 489.

Enhancements – California Penal Code Section 12022.6

The punishment for theft can be increased under certain circumstances.  If the defendant takes, damages, or destroys property in the commission of a felony, the court must sentence the accused as follows:
1.    If the loss exceeds sixty-five thousand dollars ($65,000), the court shall impose an additional term of one year.
2.    If the loss exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
3.    If the loss exceeds one million three hundred thousand dollars ($1,300,000), the court shall impose an additional term of three years.
4.    If the loss exceeds three million two hundred thousand dollars ($3,200,000), the court shall impose an additional term of four years.

Grand Theft Auto Prior Conviction – California Penal Code 666.5

If you already have a previous conviction of grand theft auto on your record, a subsequent conviction will carry with it a maximum sentence of four years or a fine of up to $10,000, or both imprisonment and a fine.

Sentencing and Punishment for Petty Theft

Punishment for petty theft in California is much different than it is for grand theft. A conviction for petty theft is punishable by imprisonment for up to six months in county jail, or by a fine of one thousand dollars ($1,000), or by both a fine and imprisonment.  See California Penal Code Section 490.

Petty theft, where the value of the money, labor, real or personal property taken is of a value which does not exceed fifty dollars ($50), might even be charged as an infraction, at the discretion of the prosecutor, provided that the person charged with the offense has no other theft or theft-related convictions.  An infraction will be punishable by a fine of up to two hundred fifty dollars ($250).  See California Penal Code Section 490.1.

Petty theft with a prior – California Penal Code Section 666
Under California Penal Code Section 666, if the accused has been convicted three or more times of petty theft, grand theft, auto theft, burglary, carjacking, robbery, or a felony violation of section 496, the prosecution has the discretion to file a charge of P.C. 666 as a felony or a misdemeanor. A misdemeanor conviction can be punishable by up to one year in county jail.  A felony conviction can be punishable by up to three years in county jail.

There are many different ways to commit theft.  It is critical that you talk to an attorney who will know how to defend your case.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling theft cases.  We will fight to get you the best possible result in your case.  Call us today at (888) 749-0034.  We will be there when you call.