Understanding Theft Laws in California

When you hear people talk about theft in California, the people talking about it, who are not criminal law attorneys, will usually be wrong about what they are saying about theft and they are usually using the wrong terminology.

So before I tell you some specifics about theft law, let’s define some terms.

Theft, which is referred to as larceny in law school talk, is a crime against property in California. It is the taking of property from another. The property can be personal property, money, real property (land), or the value of one’s labor or services.

Sometimes, the theft can be in the presence of the owner/victim, and sometimes it can take place entirely without the owner’s knowledge. A theft can also occur where an owner entrusts property to another for a temporary or ongoing purpose and the recipient then fails to return the property when due.

An experienced criminal defense attorney can sort all of this out if you get yourself arrested and charged.

There’s been a lot of talk lately in our state about how the laws have been changed to let thieves get away with their wrongful acts.

That’s not true, and it seems to be spoken by people who are always asking for tougher sentences for crimes…until they find themselves being arrested and prosecuted themselves!

Theft in California is either classified as

• petty theft
• grand theft
• robbery
• burglary (in some cases)

The difference between petty theft and grand theft depends on the value of the property.

Generally, grand theft exists where the property is valued above $950, but there are some exceptions, such as where the property is taken from the victim’s person, which is robbery, or where the property taken consists of a firearm and special laws then apply to this type of theft.

We know the law and can fight for you if you are arrested and charged with a theft offense.We are the best attorneys to represent you near where you were arrested.

For a court to find you guilty of committing any of these thefts, a prosecutor must establish the defendant’s intent to permanently take or withhold the property owner’s possession or right to the property — in other words, the specific intent to steal.

A robbery in California is defined in Penal Code section 211 as

“the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”

This is the classic situation of a bandit going into a liquor store and demanding the clerk empty the cash register and giving the bandit all the money from it.

This can also be a commercial burglary because to commit a burglary Penal Code section 459 says in part that

Every person who enters any house, room, apartment, shop, warehouse, store … with intent to commit grand or petit larceny or any felony is guilty of burglary.

When you hear someone say, “my house was robbed…fortunately no one was home when this happened,” this use of the word “robbed” is wrong because you can’t rob something other than from the actual possession of another person.

The house was burglarized if someone entered the house with the intent to take something from inside that belonged to someone else. There can be other forms of burglary, but for our discussion on theft, this is what is relevant.

Penal Code section 487 states in part that grand theft is theft committed in any of the following cases:

“(c) When the property is taken from the person of another. (d) When the property taken is any of the following:

1. An automobile.
2. A firearm. (e) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950).”

So you can see that what we described as a robbery above may also be considered a grand theft of a person.

These overlapping definitions and descriptions of theft offenses are where a prosecutor may end up charging someone with multiple offenses that may arise from one act.

Fortunately, the law will not generally allow for punishment for multiple convictions arising from one act.

What this brief discussion of theft clearly shows is that the law of theft is not always so clear.

If you find yourself arrested and charged with a theft offense, you need the best and most experienced possible criminal defense attorneys representing you.

We have more experience with theft cases than any other criminal defense law office in the Coachella Valley. You need us keeping you out of jail. Call us anytime day or night.