Theft Crimes Defense in California (PC 484, 487, 459, 211, 496)

The major theft statutes

PC § 484 / § 488, Petty Theft

Theft of property worth $950 or less. Maximum 6 months county jail and/or $1,000 fine. Common scenarios: shoplifting, employee theft of low-value items, taking from public places.

PC § 490.2, Petty Theft Under Prop 47

Prop 47 (2014) made most thefts of $950 or less misdemeanors regardless of the form (theft, embezzlement, grand theft of certain items). Felony theft can still apply to firearms, vehicles, and persons with disqualifying priors (PC 290 registrants, serious-strike priors).

PC § 487, Grand Theft

Theft of property worth more than $950, or auto theft (§ 487(d)(1)), or firearm theft (§ 487(d)(2)). Wobbler with misdemeanor maximum 1 year, felony 16 months, 2, or 3 years.

PC § 459 / § 460, Burglary

Burglary is entry into a building, vehicle, or other structure with the intent to commit theft or any felony. First-degree (residential) burglary under § 460(a) is a felony, a serious felony, and a strike (2, 4, or 6 years state prison). Second-degree (commercial, non-residential) burglary under § 460(b) is a wobbler.

PC § 211, Robbery

Robbery is taking personal property in the possession of another against their will by force or fear. Felony only. First-degree (residential or driver/passenger) carries 3, 4, or 6 years, second-degree carries 2, 3, or 5 years. Either is a strike under PC § 1192.7(c)(19).

PC § 496, Receiving Stolen Property

Knowingly receiving, concealing, or selling stolen property. Wobbler.

PC § 484e / § 484f, Credit Card Theft

Theft of access cards/credit cards or counterfeit access card manufacture. Wobbler.

Required intent, the heart of theft cases

All theft offenses require the specific intent to permanently deprive the owner of the property at the time of the taking. Borrowing, even unauthorized borrowing, is not theft if there was intent to return. The intent must exist at the moment of taking, later-formed intent is not theft (it may be embezzlement under PC § 503).

Defenses that work

Claim of right

A good-faith belief that the property belongs to the defendant, or that the defendant has a legal right to take it, is a complete defense, even if the belief was unreasonable. People v. Tufunga (1999) 21 Cal.4th 935.

Lack of intent to permanently deprive

Borrowing without permission, taking by mistake, taking with intent to return, these all defeat the intent element. Cell phone footage, witness statements, and the defendant’s conduct after the taking (returning the item, no concealment, no attempt to sell) are key.

Mistaken identity

Shoplifting and theft cases often rely on store security identification, surveillance video, or cross-racial witness identification. Cross-examination on the conditions of observation and procedure of identification (was it a field show-up? a photo six-pack? a single photo?) often defeats the prosecution.

Civil compromise (PC § 1377-1379)

For non-violent property crimes, California allows civil compromise, if the alleged victim acknowledges restitution and agrees to dismissal in court, the criminal case can be dismissed (PC § 1378). Available for petty theft, vandalism, and many other low-level property offenses. Not available for offenses against peace officers, family members, or where the offense was felonious or accompanied by violence.

Burglary-specific: no intent at entry

Burglary requires intent to commit a felony or theft at the moment of entry. If the intent formed AFTER entry, no burglary. This is often the difference between burglary and trespass + theft (lower exposure).

Robbery-specific: lack of force or fear

Robbery requires force or fear. Snatching property where the victim was unaware (theft from the person) is not robbery (People v. Estes (1983) 147 Cal.App.3d 23). Threats made AFTER the taking can convert grand theft into robbery, but only if force/fear was used to retain possession.

Reduction strategies

• Felony grand theft → misdemeanor petty theft (Prop 47 / value dispute).
• First-degree burglary → second-degree burglary (was it actually inhabited?).
• Second-degree burglary → trespass (PC § 602) or petty theft (no felony intent at entry).
• Robbery → grand theft (no force or fear).
• PC § 496 → PC § 484 (knowledge of stolen property dispute).

Diversion availability

• PC § 1001.95 misdemeanor diversion — available for petty theft, second-degree burglary (misdemeanor), receiving stolen property (misdemeanor). NOT available for robbery, felony theft.
• PC § 1001.36 mental health diversion — possible for any theft offense (excluding the listed exclusions) if a qualifying disorder played a significant role.
• Civil compromise — case-by-case dismissal mechanism for non-violent property offenses.
• Community-based diversion programs — LA City Attorney Neighborhood Justice Program, LA County Drug Court for theft tied to addiction.

Immigration warning

Most theft offenses are crimes involving moral turpitude (CIMTs) under federal immigration law. A single theft CIMT after admission can trigger deportability (8 U.S.C. § 1227(a)(2)(A)(i)). Burglary is often considered an aggravated felony under 8 U.S.C. § 1101(a)(43)(G) if the sentence is 1 year or more. Robbery is an aggravated felony (8 U.S.C. § 1101(a)(43)(F)). Pleas must be analyzed under Padilla v. Kentucky (2010) before entry.

What to do right now

• Do NOT contact the alleged victim or store directly to “make it right.”
• Save all receipts, evidence of ownership, or evidence of intent to return.
• Preserve surveillance video if possible, store policies often delete after 14-30 days.
• For shoplifting cases, get the loss prevention report number and the items list.
• If you’re a noncitizen, tell counsel upfront, plea consequences differ dramatically.

Related pages

• Criminal Defense overview
• Misdemeanor Defense
• Felony Defense
• Diversion Programs
• Expungement & Record Sealing