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CALIFORNIA THEFT CRIMES

– UNDERSTANDING THE

OFFENSES AND PENALTIES

DOMENIC J. LOMBARDO

Understanding the Various Theft Offenses And the Corresponding Penalties Is Important

If You Have Been Charged with One

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There was a time when most people considered a conviction for petty theft or

shoplifting to be a minor offense, hardly worth mentioning on a job application or

during an interview. Today, however, even a minor theft offense can result in

serious judicial and non-judicial consequences if the arrest results in a

conviction. In the State of California there are a number of crimes that can be

classified as theft crimes. Understanding the various theft offenses and the

corresponding penalties is important if you have been charged with one. Only an

experienced California criminal defense attorney can provide you with case

specific advice; however, a broad overview of theft crimes in California is a good

place to start.

DEFINING “THEFT”

Most people assume they know the definition of the word “theft”; however, under

California law the definition of “theft” is likely much broader than you realize.

California Penal Code Section 484(a) defines “theft” as anyone who does any of

the following:

“…feloniously steal, take, carry, lead, or drive away the personal property of

another, or who shall fraudulently appropriate property which has been

entrusted to him or her, or who shall knowingly and designedly, by any

false or fraudulent representation or pretense, defraud any other person of

money, labor or real or personal property, or who causes or procures others

to report falsely of his or her wealth or mercantile character and by thus

imposing upon any person, obtains credit and thereby fraudulently gets or

obtains possession of money, or property or obtains the labor or service of

another.”

PETTY THEFT VS. GRAND THEFT

Clearly, not all thefts are created equal. Stealing a pack of gum, while falling

within the definition of theft, is not usually viewed as the same as stealing

someone’s vehicle. As a general rule, if the fair market value of the item(s) stolen

is less than $950 the crime is considered “petty theft”. Shoplifting is the most

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common type of petty theft; however, other situations that are commonly charged

as petty theft include:

Convincing someone to “loan” you their cell phone when you really have no

intention of returning it to the rightful owner.

Changing the price tag on something in a store in an attempt to pay less for

the item.

Taking items from work that you have not been given the authority to take

and not returning them.

When the fair market value exceeds $950 it is considered “grand theft”. In

addition, if the item taken is a vehicle or a firearm, regardless of the fair market

value, it is charged as grand theft. Also, if the item is taken directly off the person

of the rightful owner, such as in a mugging, the crime is grand theft no matter

what the value of the item stolen is.

OTHER THEFT CRIMES

While most people think of theft as involving the outright taking of property from

the owner, there are a number of other offenses that are also categorized as theft

crimes, including, but not limited to:

Embezzlement– failing to ring up a sale at you job and pocketing the

money could be charged as embezzlement.

Credit card fraud–uses a card you know to be stolen, or that is not yours

and for which you have no authority to use, could be credit card fraud.

Identify theft–using someone else’s identifying information to obtain

credit, employment, or housing, for example, is identify theft.

Insurance fraud– claiming a break-in when there wasn’t one in order to

get the proceeds from an insurance policy, for example.

Selling stolen property–selling an item to a pawnshop when you knew,

or should have known, the item was stolen may be charged as “selling or

receiving stolen property”.

Failing to return rented or leased property – keeping a rental car

way past the due date to return the car can be a crime.

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PENALTIES FOR THEFT CRIMES

Petty theft is a misdemeanor in California and carries up to six months in jail and

a fine of up to $1,000. You may also be sentenced to informal probation and/or

ordered to pay restitution for the stolen item(s). Grand theft is usually a

“wobbler” in California, meaning it can be charged as a felony or a misdemeanor

at the prosecutor’s discretion. The misdemeanor offense of grand theft carries up

to one year in jail while the felony offense carries a potential term of

imprisonment of 16 months, two years, or three years. If you have prior

convictions for theft offenses, however, a petty theft may be elevated to a felony

theft charge with the corresponding penalties assessed if convicted. Finally, your

sentence may be enhanced if the value of the item stolen was particularly high,

meaning it was valued at over $65,000.

Often, the non-judicial penalties that stem from a theft conviction are just as

troublesome as the actual sentence imposed by the judge. On many job

applications, disclosing a theft conviction automatically disqualifies the applicant

from the position. In addition, you could also face civil liability for the theft apart

from any sentence you receive as a result of the criminal prosecution. Finally, a

theft conviction is considered a crime of “moral turpitude” which can disqualify

you from obtaining residency or citizenship in the United States.

If you have been charged with a theft crime in the State of California it is

imperative that you take the charges seriously, even if you were only charged with

petty theft. Any conviction for a theft crime can have far-reaching and long

lasting negative consequences. Consult with an experienced California criminal

defense attorney as soon as possible.

California Penal Code, Section 484-502.9

NOLO, California Petty Theft and Other Theft Laws

Immigrant Legal Resource Center, Crimes Involving Moral Turpitude

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About the Author

Domenic J Lombardo

Domenic J. Lombardo, (Attorney at Law)

graduated from University of California, Los

Angeles (U.C.L.A.), earning a B.A. in

Economics-Business, before graduating with

his J.D. from University of California,

Hastings School of Law. He passed the

California Bar Examination on the first try,

and immediately began practicing as a

criminal defense attorney in San Diego,

California.

Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public

Defender from 1991 to early 1996.

Mr. Lombardo opened the Law office of Domenic Lombardo in 1996 as aa sole

practitioner dedicated entirely to the defense of individuals accused of crimes.

And while Mr. Lombardo works as the primary attorney for all his cases, he does

have a team of investigators, forensic consultants, and paralegals to call on to

help achieve the best possible result in every case.

When he is not working, Mr. Lombardo is an avid family man, triathlete, and

world traveler.

The Law Office of Domenic J Lombardo

The Executive Complex 1010 Second Ave., Ste. 1820

San Diego, CA 92101

www.AttorneyLombardo.com