Penal Code 484/488 – Petty Theft

The Charge: Stealing property valued at $950 or less.

Classification: Misdemeanor (thanks to Prop 47).

Penalties: Up to 6 months in county jail, $1,000 fine, restitution, probation, community service.

Common Examples: Shoplifting merchandise under $950, stealing from a person (pickpocketing), theft by fraud or false pretenses under $950.

Diversion Available: PC 1001.76 diversion (first-time offenders), informal diversion programs, civil compromise.

Key Defenses: Lack of intent to steal (forgot to pay), mistake of ownership (thought it was yours), false accusation, illegal search and seizure, insufficient evidence.

Penal Code 459.5 – Shoplifting

The Charge: Entering a commercial establishment during business hours with intent to steal property valued at $950 or less. This is the new shoplifting law created by Prop 47.

Classification: Misdemeanor (cannot be charged as felony).

Penalties: Up to 6 months jail, $1,000 fine, restitution to store, probation, theft prevention classes.

Common Examples: Taking merchandise from Target, Walmart, Nordstrom, etc. and leaving without paying; concealing items in bags or clothing; switching price tags.

Diversion Available: First-time shoplifting diversion under PC 1001.76 (successful completion = dismissal).

Key Defenses: Forgot to pay (distraction, medical issues), false accusation by overzealous loss prevention, no intent to steal (was going to pay), insufficient evidence.

Penal Code 487 – Grand Theft

The Charge: Stealing property, labor, or money valued at more than $950. Also includes theft of firearms (any value) and vehicles (any value).

Classification: Wobbler (can be charged as felony or misdemeanor).

Penalties – Misdemeanor: Up to 1 year in county jail, fines, restitution, probation.

Penalties – Felony: 16 months, 2 years, or 3 years in state prison (county jail under realignment), substantial fines, formal probation, restitution.

Common Examples: Stealing jewelry valued over $950, employee embezzlement over $950, theft of credit cards with use over $950, vehicle theft, firearm theft.

Key Defenses: Value was actually under $950 (reduces to petty theft), lack of intent to permanently deprive owner, claim of right (believed you had right to property), false valuation by alleged victim.

Penal Code 459 – Burglary

The Charge: Entering any structure (residential or commercial) with intent to commit theft or any felony inside.

First Degree Burglary (Residential): Felony, 2-6 years in state prison, strike on your record under Three Strikes Law, no probation for inhabited dwellings.

Second Degree Burglary (Commercial): Wobbler, up to 1 year jail (misdemeanor) or 16 months-3 years prison (felony).

Important Note: If you enter a store during business hours intending to steal property under $950, it’s shoplifting (PC 459.5), NOT burglary. But entering after hours or stealing over $950 is still burglary.

Common Examples: Breaking into homes, entering unlocked homes without permission, entering stores after hours to steal, entering vehicles to commit theft.

Key Defenses: No intent to steal when entering (formed intent later), property value under $950 + business hours = shoplifting only, lack of “entry” (didn’t fully enter), consent to enter.

Penal Code 211 – Robbery

The Charge: Taking property from another person’s possession against their will by means of force or fear.

Classification: Felony (always).

First Degree Robbery: 3-9 years in state prison (robbery of residence, driver/passenger, or ATM user). Strike on your record.

Second Degree Robbery: 2-5 years in state prison. Strike on your record.

Common Examples: Armed robbery, mugging, carjacking, purse snatching with force, retail theft where force used against security.

Key Defenses: No force or fear used (reduces to theft), false identification, claim of right (believed property was yours), coerced confession, illegal search.

Penal Code 503/504 – Embezzlement

The Charge: Fraudulently appropriating property entrusted to you by another person.

Classification: Wobbler if over $950 (can be petty theft misdemeanor if under $950).

Penalties – Misdemeanor: Up to 1 year jail, restitution, fines, probation.

Penalties – Felony: 16 months to 3 years prison, substantial restitution, fines, professional license consequences.

Common Examples: Employee stealing from employer, bookkeeper taking company funds, caregiver stealing from elderly person, trustee misappropriating trust funds.

Key Defenses: Authorization to use funds, accounting error (not intentional), false accusation, lack of fraudulent intent, civil dispute not criminal.

Penal Code 496 – Receiving Stolen Property

The Charge: Buying, receiving, concealing, selling, or withholding property that you know is stolen.

Classification: Wobbler (misdemeanor if property value under $950 thanks to Prop 47; felony if over $950 or prior serious felonies).

Penalties – Misdemeanor: Up to 1 year jail, restitution, fines.

Penalties – Felony: 16 months to 3 years prison, substantial fines, restitution.

Common Examples: Buying obviously stolen merchandise from someone on street, pawn shop receiving stolen jewelry, harboring stolen vehicle, possessing stolen electronics.

Key Defenses: Didn’t know property was stolen, reasonable belief property was legitimate, lack of possession, entrapment.

Penal Code 530.5 – Identity Theft

The Charge: Willfully obtaining someone’s personal identifying information and using it for any unlawful purpose.

Classification: Wobbler (misdemeanor or felony).

Penalties – Misdemeanor: Up to 1 year jail, $1,000 fine, restitution.

Penalties – Felony: 16 months to 3 years prison (longer if used to commit other felonies), substantial fines and restitution, consecutive sentences possible.

Common Examples: Using stolen credit cards, opening accounts in another’s name, tax refund fraud, medical identity theft, unemployment fraud.

Key Defenses: Authorization to use information, mistake of fact, false accusation, insufficient evidence linking you to use.

Penal Code 10851 – Vehicle Theft/Joyriding

The Charge: Driving or taking a vehicle without owner’s consent.

Classification: Wobbler (misdemeanor or felony).

Penalties – Misdemeanor: Up to 1 year jail, fines, restitution, license suspension.

Penalties – Felony: 16 months to 3 years prison, fines, restitution, license suspension for 6 months to 1 year.

Important Note: Taking a vehicle with intent to permanently deprive owner is grand theft auto (PC 487). Taking for temporary use is joyriding (PC 10851). Joyriding has lesser penalties.

Key Defenses: Permission to drive vehicle, mistake of ownership, lack of intent to deprive owner, vehicle was abandoned.

Penal Code 475/476 – Check Fraud/Forgery

The Charge: Writing bad checks, forging checks, or altering checks with intent to de