A theft arrest can feel humiliating as well as frightening, especially if it began with a misunderstanding at a store or a dispute at work. California theft charges range from a misdemeanor petty theft to serious felonies, and the value of the property, your record and the way the property was taken all matter. Many theft cases can be resolved without a conviction. Here is how the law is organized and what options may be available.
What counts as theft in California
Penal Code § 484 defines theft broadly. It covers taking someone else’s property without permission, getting property or money through false statements, and keeping property you were trusted with for your own use. Different situations are charged under different sections:
- Embezzlement (Penal Code § 503): taking property that was entrusted to you, often by an employee, bookkeeper or caretaker.
- Theft by false pretenses (Penal Code § 532): getting money or property by knowingly lying to the owner.
- Receiving stolen property (Penal Code § 496): buying, keeping or selling property you knew was stolen.
- Forgery (Penal Code § 470): signing someone else’s name, altering a document or passing a false check or document with intent to defraud.
- Burglary (Penal Code § 459): entering a building or certain other structures with the intent to steal or commit a felony inside. No property has to actually be taken.
Petty theft, grand theft and the $950 line
Since Proposition 47 in 2014, the dividing line for most theft charges is $950. Theft of property worth $950 or less is generally petty theft under Penal Code § 488, a misdemeanor. Theft over $950 is grand theft under Penal Code § 487, which is a “wobbler,” meaning the prosecutor can file it as either a misdemeanor or a felony.
| Charge | Code section | Usual classification |
|---|---|---|
| Petty theft ($950 or less) | Penal Code § 488 | Misdemeanor |
| Grand theft (over $950) | Penal Code § 487 | Wobbler (misdemeanor or felony) |
| Shoplifting ($950 or less) | Penal Code § 459.5 | Misdemeanor in most cases |
| Commercial burglary | Penal Code § 459 | Wobbler |
| Residential burglary | Penal Code § 459 | Felony, and a “strike” |
| Receiving stolen property ($950 or less) | Penal Code § 496 | Misdemeanor in most cases |
Penal Code § 459.5 created the crime of shoplifting: entering an open business during business hours intending to steal property worth $950 or less. Before Proposition 47, many of these cases were charged as felony burglary. Some charges can still be filed as felonies for people with certain serious prior convictions, and certain property, such as a firearm or a car, is treated differently regardless of value.
Proposition 36, approved in 2024, is a newer law that allows felony charges for some people accused of theft who have two or more prior theft convictions, even when the value is under $950. It also allows the value of separate thefts to be added together in some situations. Courts are still applying it, so if you have prior theft convictions, ask about it specifically.
Possible penalties
A misdemeanor petty theft can carry up to six months in county jail and a fine, though first cases often end with probation, a class, restitution or diversion. A felony theft can carry a term in county jail or state prison measured in years, and residential burglary is treated much more seriously. Restitution to the owner is common in every type of case. Actual sentences depend on the facts, the amount, your record and the county.
A theft conviction can also matter beyond the courtroom. It is often seen as a crime of dishonesty, which can affect jobs, professional licenses and, for non-citizens, immigration status. That is one reason to take even a small shoplifting citation seriously.
Ways to resolve a theft case without a conviction
- Civil compromise. Under Penal Code § 1377, some misdemeanors can be dismissed if the person harmed is paid back and confirms in writing that they have been satisfied. The judge decides whether to allow it.
- Diversion. Judges in California may offer misdemeanor diversion in many cases, and some counties run theft-specific programs. Completing the program usually leads to dismissal.
- Reduction. A felony grand theft or commercial burglary may be reduced to a misdemeanor, either through negotiation or by the court.
- Defenses. Common issues include a genuine belief the property was yours or that you had permission, a lack of intent to steal, value disputes near the $950 line, mistaken identity on store video, and statements taken by store security or police.
How Eric H. Hintz approaches theft cases
Eric H. Hintz has practiced Criminal Defense in California since 1985. In a theft case, he reviews the police reports, store or business records, video and witness statements, and checks how the value was calculated. He looks at whether any search, detention or questioning was lawful. Where civil compromise, diversion or a reduction is available, he pursues it. Where it is not, he negotiates with the prosecutor and, when it is the right choice, tries the case. He handles cases in Sacramento and in any California county, in state and federal court. Theft cases involving business or financial records may also overlap with white collar crime.
If you are out of custody, the first consultation is free. Call the office at (916) 465-6500, or call or text 24 hours a day at (916) 802-5979.
Common questions
Is shoplifting a felony in California?
Usually not. Under Penal Code § 459.5, shoplifting property worth $950 or less from an open business is generally a misdemeanor. It can be charged as a felony for people with certain serious prior convictions, and a newer law, Proposition 36 (2024), allows felony charges for some people with two or more prior theft convictions.
What is the difference between petty theft and grand theft?
Mostly value. Theft of property worth $950 or less is generally petty theft, a misdemeanor. Theft over $950 is grand theft under Penal Code § 487, which can be charged as a misdemeanor or a felony. Some property, such as a firearm or a car, can be grand theft regardless of value.
Can I just pay the store or the person back and make the case go away?
Sometimes. Penal Code § 1377 allows a civil compromise in some misdemeanor cases if the person harmed is repaid and acknowledges it in writing, but the judge must approve. Paying back money on your own without advice can also be treated as an admission, so it is wise to talk with a lawyer first.
I received a civil demand letter from a store. Is that the same as a criminal case?
No. California allows stores to seek a civil penalty separately from any criminal case. Paying it does not end a criminal charge, and not paying it does not create one. If you also received a citation or court date, the criminal case is a separate matter that needs its own attention.
Will a theft conviction show up on background checks?
It can. Theft is often seen as a crime of dishonesty, which matters to many employers and licensing boards. Diversion or a civil compromise can lead to dismissal, and many convictions can later be expunged, though an expungement does not erase everything for every purpose.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.