Grand Theft vs. Petty Theft: Why the Charge Matters Under California Law
Facing a theft charge can be a daunting experience, especially when you’re unsure of its implications. Theft is a broad category under California law, but the distinction between grand theft and petty theft can significantly impact the severity of the penalties you face. Understanding the differences between the two is critical if you or someone you know is grappling with these charges.
This article breaks down the legal definitions, potential consequences, and key factors that determine whether a theft charge is classified as “grand” or “petty.” You’ll also learn about common defense strategies and why seeking legal counsel is essential in building your case.
Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal theft defense attorneys near you.
Understanding the Distinction
What is Grand Theft Under California Law?
Grand theft occurs when the value of the property stolen exceeds $950, according to California Penal Code Section 487. It also includes specific cases regardless of value, such as theft of firearms or vehicles. Grand theft can be charged as either a misdemeanor or a felony based on the specifics of the case.
Example:
Stealing a luxury handbag priced at $1,200 from a retail store would be categorized as grand theft. Similarly, taking a car from a dealership without permission qualifies as grand theft, regardless of the car’s value.
What is Petty Theft Under California Law?
Petty theft, on the other hand, involves stolen property valued at $950 or less, as per California Penal Code Section 488. This is generally treated as a misdemeanor.
Example:
Walking out of a grocery store without paying for $50 worth of groceries or shoplifting a small electronics item valued at $300 would fall under petty theft.
The difference might seem small—a price tag—but the legal consequences are worlds apart.
Legal Consequences of Theft Charges
Potential Penalties for Grand Theft
Grand theft carries stricter penalties due to the higher severity of the crime. If charged as a misdemeanor, the maximum penalty is one year in county jail. However, if charged as a felony, it can result in 16 months, 2 years, or even 3 years in state prison. Additionally, fines, probation, and restitution to the victim are often included.
Beyond incarceration, a felony grand theft conviction can permanently impact your future, limiting job prospects, housing opportunities, and even your right to vote.
Potential Penalties for Petty Theft
Because it involves lower-value items, petty theft typically incurs less severe penalties. First-time offenders may face up to six months in county jail, a maximum fine of $1,000, or both. Repeat offenses, however, can result in harsher consequences, including the possibility of being charged with a felony under California’s “three strikes” law.
Both grand theft and petty theft can leave lasting marks on your criminal record, which might hinder future education and employment opportunities.
Factors That Influence the Charge
Determining whether a theft is charged as grand or petty often depends on several crucial factors:
- Property Value: The stolen item’s worth is typically the primary criterion for categorizing a theft charge. Anything valued over $950 qualifies as grand theft.
- Type of Property: Regardless of value, specific items such as firearms, vehicles, or agricultural products can lead to a grand theft charge.
- Criminal History: A defendant’s prior convictions can elevate a petty theft charge to a felony with harsher consequences.
- Circumstances of the Theft: How the property was stolen also plays a role. For instance, theft involving the use of force or threats may escalate the charges to robbery, a separate and more severe crime.
Defense Strategies for Theft Charges
Facing a theft charge doesn’t leave you defenseless. Here are some common strategies that Wallin & Klarich criminal defense attorneys often employ:
- Lack of Intent: Theft requires intent. If you accidentally walked out of a store with an item or mistakenly borrowed property without realizing it belonged to someone else, you may not have committed a crime.
- Claim of Right: If you believed the item you took was rightfully yours, this could serve as a defense.
- Mistaken Identity: Theft cases often rely on eyewitness testimony, which can sometimes be inaccurate. Establishing an alibi or examining the evidence for errors could weaken the prosecution’s case.
- Consent: If the property owner allowed you to take the item, then no theft occurred.
It’s important to remember that every case is unique, and the success of these defense strategies will depend on specific details of your situation.
Seeking Wallin & Klarich Legal Counsel
Consulting a Wallin & Klarich criminal defense attorney is essential if you’re facing theft charges in California. They can assess the evidence, identify weaknesses in the prosecution’s case, and help you craft a tailored defense.
Working with one of our skilled theft attorneys ensures that you understand your rights and increases your chances of negotiating reduced charges—or even having the case dismissed. Legal professionals experienced in handling theft cases can access evidence, interview witnesses, and leverage procedural laws to your advantage.
Contact Wallin & Klarich Today
If you are facing criminal theft charges, contact our aggressive criminal defense attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and avoid serving prison or jail sentences. We know the most effective strategies to argue for you, and we will do everything we can to help you achieve the best possible result in your case.
Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
