What you’re facing

Theft and property charges cover a huge range of exposure. Misdemeanor petty theft (PC 484/488) under $950: up to 6 months jail. Felony grand theft (PC 487) over $950: 16 months, 2, or 3 years state prison. Burglary (PC 459) is always a felony – 1st degree (residential) is a Strike Offense with 2, 4, or 6 years. Robbery (PC 211), taking by force or fear, is always a felony Strike Offense; armed robbery enhancements add 10 years, 20 years, or 25 to life. White-collar offenses can trigger federal charges and asset forfeiture.

Defenses I build

Property crime cases hinge on intent, identification, and dollar amount. I attack eyewitness identification – one of the most studied and weakest areas of criminal evidence. I challenge the search and seizure that produced the alleged stolen property. I push for reductions to misdemeanors under Prop 47 and PC 17(b). For sympathetic defendants without violent history, theft cases often resolve through diversion or restitution-based settlements that avoid a felony record.

Common Questions

Does Prop 47 still help with theft cases?

Yes. Prop 47 reduced many felony theft offenses to misdemeanors when the value is under $950. This applies prospectively to new cases and retroactively to old convictions. If you have a prior felony theft conviction, you may be eligible for resentencing or reduction.

What is the difference between robbery and theft?

The use of force or fear. Theft is taking property without consent. Robbery is taking property by force, fear, or threat directly from a person. Robbery is always a felony and always a Strike Offense – a critical distinction in California.

Can I be charged with burglary if I did not take anything?

Yes. Burglary (PC 459) is entering a structure with intent to commit theft OR any felony. The act of entry with intent is the crime – completion of the theft is not required. This makes burglary one of the most aggressively-charged offenses in the state.

Types of Theft & Property Charges I Defend

Theft and property charges range from infraction-level petty theft to federal racketeering. Below are the offenses I handle most often.

Petty Theft (PC 484/488)

Theft under $950. Misdemeanor. Eligible for diversion in many cases.

Grand Theft (PC 487)

$950 or more. Wobbler; felony version: 16 months, 2, or 3 years.

Grand Theft Auto (PC 487(d)(1))

Vehicle theft. Wobbler with value-based enhancements.

Burglary 1st Degree (PC 459)

Residential burglary. Strike Offense. 2, 4, or 6 years.

Burglary 2nd Degree

Commercial burglary. Wobbler.

Robbery (PC 211)

Taking property from a person by force or fear. Felony Strike Offense.

Armed Robbery + Enhancements

Robbery with firearm or weapon. PC 12022.53 adds 10, 20, or 25 to life.

Identity Theft (PC 530.5)

Using another person’s identifying information for fraud or gain. Wobbler. Often federally charged.

Receiving Stolen Property (PC 496)

Wobbler. Reduced under Prop 47 when value under $950.

Embezzlement (PC 503)

Theft from employer or fiduciary. Wobbler.

Prop 47 Reductions and the $950 Threshold

Prop 47 (2014) reduced many theft offenses to misdemeanors when the value is under $950. Key consequences:

  • Petty theft with priors is no longer automatically a felony
  • Many theft offenses can be retroactively reduced (Prop 47 petitions)
  • Stolen property and forgery offenses follow the same $950 threshold
  • Defendants with prior felony theft convictions can often petition for resentencing

If you have prior felony theft convictions, you may be eligible for retroactive reduction. We evaluate Prop 47 eligibility on every theft case.