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Theft Crimes Defense

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common.howWeDefend Theft Crimes Defense — Los Angeles Cases

Theft charges in California cover a wide spectrum — from petty theft misdemeanors to grand theft felonies, burglary, and robbery. Even a misdemeanor theft conviction can follow you for life, affecting employment background checks, professional licensing, and housing applications. Attorney Michael P. Kade builds aggressive defenses tailored to the specific facts of your case, with the goal of keeping your record clean.

California Theft Crime Penalties

OffensePotential Penalties
Petty theft (PC 484/488) — under $950Misdemeanor · up to 6 months jail · $1,000 fine
Grand theft (PC 487) — over $950Wobbler · up to 1 year (misd.) or 16 months–3 years (felony)
Burglary — 1st degree residential (PC 459)Felony · 2–6 years state prison · strike offense
Robbery (PC 211)Felony · 2–9 years state prison · strike offense

Penalties vary based on prior criminal history, case facts, and enhancements. This table is for general informational purposes only and does not constitute legal advice.

The Difference Between Petty Theft, Grand Theft, and Robbery

California distinguishes theft offenses primarily by the value of the property taken and the method used. Petty theft (Penal Code 484/488) involves property valued at $950 or less and is typically a misdemeanor. Grand theft (Penal Code 487) involves property worth more than $950 and can be charged as either a misdemeanor or a felony — what California law calls a "wobbler" — depending on the circumstances and your criminal history.

Burglary (Penal Code 459) is different: it does not require that anything actually be taken. You can be charged with burglary simply for entering a building with the intent to commit a theft or any felony inside. First-degree burglary — entering an inhabited dwelling — is always a felony and a strike offense under California's Three Strikes Law. Robbery (Penal Code 211) involves taking property directly from a person using force or fear, and is one of the most serious theft offenses, carrying up to nine years in state prison.

Common Defenses to Theft Charges

The prosecution must prove that you took property belonging to someone else with the intent to permanently deprive them of it. Intent is often the weakest element of a theft case. If you genuinely believed the property was yours, or if you intended to return it, that negates the required criminal intent.

Other strong defenses include: mistaken identity (especially in shoplifting cases where store security may have identified the wrong person), consent (the owner permitted you to take the property), and insufficient evidence. Attorney Kade also examines whether any search or seizure that produced evidence against you was constitutionally valid.

common.defenseStrategies

  • Petty theft and shoplifting defense
  • Grand theft (over $950) felony defense
  • Burglary — residential and commercial
  • Robbery and armed robbery defense
  • Challenging intent and ownership evidence
  • Seeking Prop 47 reclassification where applicable
  • Diversion and civil compromise options

Related Charges We Also Defend

  • Receiving stolen property (PC 496)
  • Embezzlement (PC 503)
  • Identity theft (PC 530.5)
  • Carjacking (PC 215)
  • Extortion (PC 518)