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 The Law Offices of Michael E. Cindrich.
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.
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.
Theft Crimes
The many theft crimes under Pen. Code, § 666 include:
- Package Theft
- Burglary
- Auto Burglary
- Grand Theft
- Petty Theft
- Shoplifting
- Receiving Stolen Property
- Receiving a Stolen Vehicle
- Embezzlement
- Identity Theft
- Misappropriation of Public Funds
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.
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.
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.)
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).
San Diego County Criminal Defense Lawyer for Theft Crimes
The Law Offices of Michael E. Cindrich 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.