Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Theft

While generally broad in definition, theft refers to taking something that isn’t yours. Common theft crimes include petty (or petit) theft, grand theft, receiving stolen property, robbery, and any other crime that relates to the obtaining of stolen property.

The penalties for theft crimes vary tremendously, from less than a misdemeanor for petty theft, to years in prison for certain grand felony cases. If you have been charged with any type of theft crime, you need to contact an experienced defense attorney immediately.

Attorney for Theft Crimes in San Diego, CA

If you were arrested for any type of theft crime, including petty theft, grand theft, shoplifting, retail theft, or receiving stolen property, then know that you could be facing years in prison, and not just having to return stolen property. Contact an experienced criminal defense attorney at Law Offices of Michael E. Cindrich, APC.

Michael Cindrich serves San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

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Theft Crimes in California

Under Pen. Code, § 486, California law divides theft into two degrees:

  • petty theft; and
  • grand theft.

Crimes charged as grand theft are obviously more serious than crimes charged as petty theft. The distinction between grand and petty theft, and the penalties imposed, might depend on several different factors including:

  • the value of the property stolen;
  • the way the property was taken;
  • the type of property stolen; and
  • whether the person accused of the taking had a prior theft conviction or qualifying designation.

For example, under Pen. Code, § 487, grand theft is defined as when the money, labor, or real or personal property taken is of a value exceeding $950 dollars, except as specified.

Something that might surprise you is grand theft can include the theft of avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).

On the other hand, Pen. Code, § 490.2, subd. (c), defines petty theft as obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed $950 and makes it punishable as a misdemeanor, except in the case where a person has a prior super strike or registrable sex conviction and a prior theft conviction, as specified in Pen. Code, § 490.2, subd. (a).

In all cases, the theft of a firearm is classified as grand theft regardless of the value of the firearm.

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Types of Theft Crimes

The many theft crimes under Pen. Code, § 666 include:

Burglary – Burglary involves entering a structure, room, or locked vehicle with the intent to commit theft or any felony once inside. Under California law, the crime focuses on the intent at the time of entry, not whether property was actually taken. Burglary charges may be classified as first-degree or second-degree depending on whether the location was a residence, and penalties increase significantly for residential burglaries.

Grand Theft – Grand theft occurs when property, money, or services taken exceed a statutory value threshold or involve certain types of property regardless of value. California law treats grand theft more seriously than petty theft, and charges may be filed as misdemeanors or felonies depending on the circumstances. These cases often involve allegations of repeated conduct or significant financial loss.

Identity Theft – Identity theft involves unlawfully obtaining and using another person’s personal identifying information for fraudulent purposes. Common allegations include opening accounts, making purchases, or obtaining services using someone else’s identity. These offenses often involve digital evidence and financial records and may result in both criminal charges and civil liability.

Package Theft – Package theft involves stealing delivered mail or packages, often from doorsteps or common areas. Depending on the facts, these cases may be charged as theft offenses or, in some situations, under mail-related statutes. Prosecutors frequently rely on surveillance footage, delivery records, and witness statements.

Petty Theft – Petty theft involves taking property of relatively low value without the owner’s consent. Although often charged as a misdemeanor, repeated petty theft convictions may result in enhanced penalties. These cases commonly arise from retail or personal property disputes.

Receiving a Stolen Vehicle – Receiving a stolen vehicle involves knowingly buying, possessing, concealing, or selling a vehicle that was stolen. The prosecution must prove knowledge that the vehicle was stolen at the time of possession. These cases frequently arise from traffic stops or investigations into vehicle theft rings.

Receiving Stolen Property – Receiving stolen property occurs when a person knowingly acquires or possesses property obtained through theft. The crime does not require that the defendant committed the original theft, only that they knew the property was stolen. Charges may vary based on the value of the property involved.

Shoplifting – Shoplifting involves entering a commercial establishment during business hours with the intent to steal merchandise valued below the felony threshold. California law treats shoplifting differently from burglary, and penalties may increase with prior convictions. Retail surveillance and loss prevention reports are often central to these cases.

Embezzlement – Embezzlement occurs when a person lawfully entrusted with property or funds fraudulently appropriates them for personal use. Common scenarios involve employees, business partners, or fiduciaries. Charges and penalties depend on the amount involved and the duration of the alleged conduct.

Auto Burglary – Auto burglary involves entering a locked vehicle with the intent to commit theft or a felony. Even minimal entry, such as reaching through a broken window, may be sufficient to support charges. These cases often involve circumstantial evidence and vehicle-related surveillance footage.

Misappropriation of Public Funds – Misappropriation of public funds involves the unlawful use or diversion of government money or resources by a public officer or employee. These offenses are treated seriously due to the breach of public trust involved and may result in felony charges, restitution orders, and disqualification from public office.

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California’s Definition of “Shoplifting”

Under California law, Pen. Code, § 459.5, subd. (a) defines “shoplifting” as:

  • entering a commercial establishment;
  • with intent to commit larceny;
  • while that establishment is open during regular business hours; and
  • where the value of the property that is taken or intended to be taken does not exceed $950 dollars.

In California, shoplifting is punishable as a misdemeanor, except where a person has a prior super strike or registrable sex conviction. Any act of shoplifting must be charged as shoplifting.

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Unlawful Taking and Driving of a Vehicle

Vehicle Code section 10851(a) prohibits taking or driving a vehicle without the owner’s consent and with the intent to temporarily or permanently deprive the owner of title or possession.

Theft-based violations of Vehicle Code section 10851(a) are misdemeanors unless the vehicle was worth more than $950.

To obtain a felony conviction for vehicle theft under Vehicle Code section 10851(a), the prosecutor has to prove both that the defendant took the vehicle with the intent to deprive the owner of its possession and that the vehicle was worth more than $950.

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The Impact of Proposition 47 on Theft Crimes

Proposition 47, the Safe Neighborhoods and Schools Act, reclassified as misdemeanors certain theft-related offenses that previously were felonies or wobblers. (People v. Valencia (2017) 3 Cal.5th 347, 355 (Valencia); § 1170.18, subds. (a), (b).)

Additionally, Proposition 47 added a provision allowing felony offenders “serving a sentence for a conviction” for offenses now reclassified as misdemeanors to petition to have their sentences recalled and to be resentenced if they met certain criteria. The court, however, has discretion to determine whether that resentencing would pose an unreasonable risk of danger to public safety.” (Valencia, at p. 355; § 1170.18, subd. (a), (b).)

Proposition 47 limits the trial court’s discretion to deny resentencing by defining the phrase “unreasonable risk of danger to public safety” narrowly. (Valencia, supra, 3 Cal.5th at pp. 355-356).

Under Proposition 47, that phrase means an unreasonable risk that the petitioner will commit a “super strike.” (Ibid.) The Supreme Court held in Valencia, however, that Proposition 47’s narrow definition of “unreasonable risk of danger to public safety” did not apply to Proposition 36 petitions for resentencing. (Id. at p. 375.)

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Additional Resources

San Diego Auto Theft Task Force – The California Highway Patrol (CHP) manages the task force with the goal of reducing incidents of auto theft through aggressive and collaborative efforts with law enforcement agencies in San Diego County. By using federal grant money, the VenCATT law enforcement team targets who steal motor vehicles and run “chop shops.” The task force also investigates allegations that a person has taken vehicle by force or committed the crime of carjacking. This joint task force includes members from the Department of Motor Vehicles Investigations Unit, the District Attorney’s Office, the San Diego County Sheriff’s Department, the City of San Diego Police Department, the Oxnard Police Department, and the Santa Paula Police Department.

Auto Theft Prosecutions in San Diego, CA – Visit the website of the Venture County District Attorney’s Office to learn more about car theft and carjacking cases submitted to the prosecutor. After the submission of the case, one auto theft prosecutor is responsible for reviewing and filing cases submitted by law enforcement agencies and the San Diego Auto Theft Task Force (venCATT).

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San Diego County Criminal Defense Lawyer for Theft Crimes

Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.