Whether your theft charge is petty or grand theft will determine the likely fines you will pay or whether you are sent to a county jail or state prison upon conviction. The difference lies in the value of the stolen goods, but it is not always that simple. In some cases, the law sets aside the dollar amount rule, such as if a firearm is stolen (that is always grand theft). If you know the details of each crime and the penalties, you can figure out your situation and decide what to do to protect your future.

How Do The Definitions Of Petty Theft And Grand Theft Differ?

What Is “Theft” in California?

No matter how serious, all theft offenses have these four main elements in common:

  • Someone else was the legal owner or possessor of the property you took
  • You took the property without having permission to do so
  • When you took the item, you planned to keep it for good or for such a long time that the owner cannot use it anymore
  • You moved the property, even just a short distance, to ensure the owner could not use it anymore

When facing a theft charge, ask yourself if the prosecution can prove beyond a reasonable doubt that you met all four elements of the charge. If they fall short on even one, for example, if you did not intend to keep the property, your charges could be dropped or lowered.

Petty Theft, Penal Code Sections 484(a) and 488

Under California Penal Code 484(a) PC, petty theft happens when you take someone else’s property valued at $950 or below. If you take your neighbor’s $300 serving tray and do not give it back or sneak a $50 lipstick into your purse without paying, you could face charges for petty theft.

Usually, petty theft is considered a misdemeanor resulting in six months in county jail, a fine of up to $1,000, and having to pay the victim back. Yet, there are two main things to keep in mind:

  • If you shoplift from a store, you will be charged with shoplifting under PC 459.5, but the penalties are the same as for petty theft.
  • Proposition 36, 2024. If you have two prior theft-related convictions, for example, petty thefts, grand thefts, burglaries, robberies, or carjackings, a new petty theft can be considered a felony. The possible sentence for that felony is 16 months, 2 years, or 3 years in jail.

Grand Theft, Penal Code 487 PC

California Penal Code 487 PC explains grand theft more broadly. It is applied when you steal the following:

  • Any property valued at over $950
  • A vehicle or firearm, irrespective of its worth
  • Any item taken from someone else’s possession, regardless of its worth

You can be charged with grand theft for taking an item worth $800 if it is a gun or a car, or if you took it right from someone else’s hand. The prosecutor decides if grand theft will be treated as a misdemeanor or a felony, depending on the circumstances of your case.

Value Thresholds and Exceptions in the Law

The $950 Limit

  • The value of stolen goods in California is determined by their “fair market value” at the time and place of the theft, which is the price a buyer and a seller would agree on in an open market.
  • The total value can be high when you steal several items from the same person in one scheme. The total in this situation is $1,200, which is higher than $950, so the prosecution may raise the charge to grand theft.
  • Imagine you go into a convenience store, take a $600 video game and a $400 smartphone, and both are gone just minutes from the same cash register area. Even though each item is worth less than $950, the total value of $1,000 makes it grand theft.

Cases Where Value Does Not Count

The law in California sets limits on what is considered a low-value item so that even small thefts may count as grand theft.

  • If the item is a gun or a car, you can be charged with grand theft, regardless of the item’s value. All of those topics require serious attention.
  • If you take $20 from someone’s wallet by picking their pocket, that is grand theft since you took it directly from them.
  • If you have been convicted of a serious or violent felony like rape or murder or a sex offense that requires registration, you can still be charged for stealing property worth less than $950. The crime could be charged as grand theft if the value is $500 or more. In addition, Prop 36 (2024) explains that if you have two previous theft-related crimes, for example, petty theft, grand theft, burglary, robbery, or carjacking, you will be charged with a felony even if the value is below $950.

Penalty Comparison

Consequences for Petty Theft

  • You may be sentenced to county jail for up to 6 months for a misdemeanor, fined up to $1,000, and required to pay restitution to the victim.
  • For first-time minor theft with no serious previous convictions, the court may choose diversion/summary probation instead of sending you to jail. You may only need to pay victim restitution and a small fine. You may be able to avoid being convicted by finishing a diversion program.
  • If you have previously been imprisoned for petty theft, brand theft, burglary, robbery, carjacking, or felony receiving stolen property, a new petty theft charge can be filed as a wobbler under PC 666.
  • For misdemeanor PC 666, the punishment can be up to 1 year in county jail and a $1,000 fine.
  • For felony PC 666, the sentence can be 16 months, 2 years, or 3 years in county jail, with a maximum fine of $10,000.

The Consequences of Grand Theft

If you are charged under PC 487 as a wobbler, the prosecutor will decide using the facts of your case and your history.

  • Up to 1 year in county jail and up to $1,000 in fines are possible for a misdemeanor grand theft.
  • Felony grand theft happens when someone steals property worth more than $950.
  • The sentence may be for 16 months, 2 years, or 3 years in county jail, but it usually means state prison time if the crime is a felony.
  • Grand theft firearm is always considered a felony, resulting in 16 months, 2 years, or 3 years in a state prison per PC 487(d)(2). Grand theft firearm is a serious felony (1192.7(c) PC), which counts as a strike under California’s Three Strikes Law.
  • The judge should add consecutive years to the sentence when the stolen property is especially valuable.
  • +1 year if the value was more than $65,000.
  • +2 years if the amount was more than $200,000
  • +3 years if the amount was more than $1,300,000
  • +4 years if the loss was over $3,200,000. There is an additional year for each extra $3,200,000 in loss.
  • Since Prop 36 began in 2024, if you commit grand theft with at least two people (a smash-and-grab situation), the court will add 1, 2, or 3 years to your sentence. In addition, if the total damage to retail properties exceeds $50,000 in one case, you can be sentenced to an extra year in prison.

Types and Theories that Explain Theft

Even though “petty” and “grand” theft are based on value, theft can be committed in four ways. Because of this, you can realize why the same facts might result in different charges or defenses.

  1. Theft by Larceny (CALCRIM 1800)

You take and carry away another person’s property, planning to keep it for good. The crime is called petty larceny if the item's value is less than $950. If the amount is over $950 or you took a firearm or vehicle from someone, it is considered grand larceny.

  1. Theft by Embezzlement (CALCRIM 1806)

If someone gives you property to manage, such as an employee or agent, and you keep it for your own good, it is considered theft. You meant to remove the item from the owner, even if you planned to return it later.

Like larceny, the law requires $950 to be reached. Less than $950 is petty theft by embezzlement, and more than $950 is grand theft by embezzlement.

  1. Theft by Trick (CALCRIM 1805)

You use dishonest means to convince the owner to hand over the vehicle to you (without giving you ownership). Petty theft by trick applies if the value is less than $950, and grand theft by trick applies if the value exceeds $950.

  1. Theft by False Pretenses (CALCRIM 1804)

You intentionally lie about something important to make the owner hand over the item and its ownership. The difference between petty and grand is always determined by value.

In any case, the prosecution must prove that you moved the property, wanted to keep it, did not have consent, and knew it did not belong to you. If one of the elements is unmet, you could argue that no crime occurred or argue for a reduced charge.

The “Wobbler” Law And The Ability to Choose Which Charges to Bring

  1. Petty Theft is Different from Petty Theft with a Prior (PC 666 Wobbler)

A standard petty theft charge is always a misdemeanor. Still, if you have been convicted of a previous theft-related crime, such as petty theft, grand theft, burglary, robbery, carjacking, or felony receiving stolen property, your new petty theft can be charged as a misdemeanor or a felony.

For this offense, someone may be sentenced to 1 year in county jail and/or a fine of up to $1,000.

You could be sentenced to 16 months, 2 years, or 3 years in county jail, and you may need to pay up to $10,000 in fines.

  1. Grand Theft (PC 487) as Misdemeanor vs. Felony

Because grand theft is a wobbler, the district attorney looks into your record and the details of your case.

  • If the property you took was valued just above $950 and you have no prior convictions and show you are sorry, the DA could charge it as a misdemeanor.
  • As mentioned above, you are always charged with a felony if you steal a firearm or vehicle.
  • Someone with a previous record of theft may be charged with felony grand theft.
  • Smash-and-grab cases, using stealth to enter, or carrying a weapon can all result in the charge being a felony.

When using charging discretion, prosecutors aim to give a sentence that fits the crime and the offender's chances of repeating it. It is important to see an attorney immediately, as it can help you avoid a felony charge and possibly settle for a misdemeanor.

Repercussions That Go Beyond Being Sent to Jail or Prison

Probation

If you have not been convicted of theft before and have no major issues, courts usually give you up to two years of summary probation. If you do community service or counseling and pay the fees and restitution, you might not have to go to jail.

If the case is treated as a misdemeanor, probation is an option, but if the DA files a felony charge, the consequences can get much more serious.

Impact on Your Gun Rights

You can still buy or own firearms after being convicted of a petty theft misdemeanor. However, if you are found guilty of a felony such as felony petty theft (PC 666) or any felony grand theft, you will not be allowed to own a gun for at least 10 years.

Differences In Defenses For Petty Theft And Grand Theft

Regardless of whether it is a $50 item or a $5,000 watch, the same core defenses often apply:

Never Intended to Steal

You could prove you did not intend to keep the owner’s property by believing you had permission or picking up the wrong jacket. The evidence from surveillance, statements from witnesses, or your testimony can prove that you made a mistake.

Right of Claim

If you thought the property was yours, even if it was not, California law may find that you did not intend to steal. Use contracts, receipts, or emails to prove you believed you owned the item. That belief can remove the intent element if you acted honestly and with no wrong intentions.

You Had the Owner’s Consent

If the owner gave you the right to use the property, openly or by implication, you cannot be found guilty of theft. When you are in court, you will need texts, emails, recordings of phone calls, or testimony from reliable witnesses to demonstrate their agreement.

You Did Not Steal, You Borrowed

You aren’t stealing if you plan to return it in a reasonable time. If you can provide proof, such as GPS logs or a message confirming your plan to return it, you can prove you did not intend to deprive the person of the item.

You Are Falsely Accused

Unfortunately, sometimes people misunderstand or have hidden goals, which can cause false reports. Should the accuser have a reason to lie, such as being an angry former employee or involved in a property dispute, you can question their honesty. Presenting video proof, highlighting differences in what they say, or finding out why they would lie can prove that they are being untruthful.

Why You Need a Criminal Defense Lawyer When the Line Between Petty and Grand Theft Isn’t Clear

If you are unsure if your case is petty or grand theft in California, a criminal defense attorney can help you. Here's why:

  • Legal Definitions Are Complex. Sometimes, the distinction is not easy to see. A lawyer can explain how the property's value, type, and previous convictions are important in your case.
  • Charges Are Often Overfiled. Sometimes, prosecutors press charges for grand theft even if the facts do not support the crime. A defense attorney can contest charges that are not justified or are too high.
  • Criminal History Matters. If someone has been convicted of theft or a felony before, the charges may be raised. A lawyer can make a case for getting milder penalties or access to alternative programs.

Find a Los Angeles Theft Crimes Defense Attorney Near Me

Knowing the difference between petty and grand theft in California is important, as the results can go beyond the court system. The offense cost is usually $950, but the charge can be raised automatically if the crime involves a gun or the person has a record.

Both petty theft with a prior and grand theft are considered "wobblers," since they may be charged as either a misdemeanor or a felony. The record of your previous crimes, the type of property involved, and the prosecutors' decisions are all important. Sentences may include jail time, fines, probation, problems with immigration, and losing the right to hold a professional license or own a gun.

If you are accused of theft, act promptly to have more legal choices. Call Los Angeles Criminal Attorney now at 424-333-0943 to talk about your case confidentially. We are prepared to build a solid defense that fits your case.