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Theft Crime Defense in Orange County
California theft law spans a wide range — from misdemeanor petty theft to first-degree robbery (a strike). Each requires specific defense strategy.
Categories of California theft
Petty theft (PC 484, 488) — under $950
Misdemeanor. Up to 6 months county jail. Diversion-eligible. Often resolved with restitution and dismissal.
Shoplifting (PC 459.5) — under $950 from commercial business
Misdemeanor only after Prop 47. Cannot be charged as felony commercial burglary anymore.
Grand theft (PC 487) — $950+
Wobbler. Up to 1 year county jail (misdemeanor) or 16 months/2/3 years state prison (felony).
Burglary (PC 459)
Entry with intent to commit theft or any felony. Residential burglary = felony first-degree (strike). Commercial burglary = wobbler.
Robbery (PC 211)
Theft from a person by force or fear. Always a felony. Strike. 2, 3, or 5 years state prison (second-degree); 3, 4, or 6 years (first-degree).
Embezzlement (PC 503)
Theft by fiduciary. Charged as petty or grand based on amount.
Defenses
- Lack of intent (good faith belief of ownership)
- Mistake of fact
- Consent (you had permission)
- Insufficient identification
- Suppression of unlawfully obtained evidence
- Restitution + diversion negotiations
Charged with theft? Contact our office for a free consultation.
Frequently Asked Questions
What is the difference between petty theft and grand theft in California?
The line is $950 (after Prop 47). Theft of property under $950 is petty theft (PC 488), a misdemeanor. Theft of $950 or more is grand theft (PC 487), a wobbler. Theft from a person (any amount) is grand theft. Theft of a firearm or vehicle is grand theft regardless of value.
Is theft a deportable offense for non-citizens?
Yes — theft is a "crime involving moral turpitude" (CIMT) for immigration purposes. One CIMT within 5 years of admission with potential 1-year sentence triggers deportation. Two CIMTs at any time also trigger deportation. The 364-day rule (PC 18.5) is critical for non-citizen plea negotiations.
Can theft charges be reduced or dismissed in Orange County?
Often yes. Misdemeanor diversion (PC 1001.95), restitution + dismissal negotiations, and Prop 47 retroactive reductions are all common. The DA often agrees to dismissal once full restitution is paid and the defendant has no priors.
What is shoplifting under California law?
Shoplifting (PC 459.5, post-Prop 47) is entering a commercial establishment during business hours with intent to steal property worth $950 or less. Misdemeanor only. Old commercial burglary (PC 459) for shoplifting amounts is no longer charged.
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