In California, the difference between petty theft and grand theft is typically whether the value of the stolen property is worth more or less than $950. If the value is $950 or less, then it is petty theft. If it is over $950, then it is grand theft. It can also be grand theft to steal certain things when you have a criminal record.
| Petty theft | Grand theft | |
| Value of stolen property | $950 or less | More than $950 |
| Penalties for a conviction | Up to 6 months in jail and $1,000 in fines, unless you have a prior conviction for a serious or violent felony | Between 1 and 3 years in jail, unless you have a prior conviction for a serious or violent felony, and subject to enhancements if the property was worth more than $65,000 |
Petty theft charges in California
In California, petty theft is less severe than grand theft because the value of the items stolen is $950 or less.[1]
All California theft crimes involve the following elements:
- someone else owned the property,
- you took the property,
- you did not have permission to take it, and
- you did this, intending to deprive the owner of the property permanently.[2]
Penalties
A conviction for petty theft in the state of California typically carries up to:
- 6 months in county jail, and/or
- $1,000 in criminal fines.[3]
The criminal defense lawyers at our law firm have found that many petty theft cases can be resolved with no jail time if you pay a fine and victim restitution. You may be eligible for a diversion program if you do not have a criminal record. This can get the charges dismissed if you complete the program.
However, if you have a criminal record that includes a conviction for a serious or violent felony, then petty theft can be punished as a felony offense. The felony charge increases the jail time to 16 months, 2 years, or 3 years.[4]
Grand theft
In California, grand theft has all of the same elements of theft, but the value of the property taken was over $950.[5]
It used to be the case that stealing something less valuable than $950 was still grand theft, if the item was:
- a firearm,
- a motor vehicle,
- a certain type of animal, like a horse, or
- taken off the owner’s person.
This changed when Proposition 47 was passed in 2014. Prop 47 was a ballot initiative that passed with 59.6 percent of the vote. According to the summary of the proposal, it:
“Requires misdemeanor sentence instead of felony for certain drug and property offenses. Inapplicable to persons with prior conviction for serious or violent crime and registered sex offenders.”[6]
Proposition 47’s exception for people with prior convictions means that stealing one of these items, like a firearm or a motor vehicle, is still grand theft if its value is under $950, but only if you have a prior conviction for:
- any sex crime that requires sex offender registration, or
- a serious felony conviction, like rape or murder.[7]
This is the case, even if the prior conviction was from long ago.
Penalties
Most grand theft charges are wobblers under California law. Prosecutors have the discretion to charge it as a felony or as a misdemeanor. Our criminal defense attorneys have found that they generally decide which criminal charge to file based on the circumstances of your case and your criminal history.
If they file a misdemeanor charge, a grand theft conviction carries up to 1 year in county jail.[8]
If charged as a felony grand theft, a conviction typically carries a county jail sentence of
- 16 months,
- 2 years, or
- 3 years.[9]
The sentence is subject to an enhancement if the value of the stolen property is very high. You would get an additional, consecutive state prison sentence of:
- 1 year if the value was more than $65,000,
- 2 years if it was more than $200,000,
- 3 years if it was more than $1,300,000, and
- 4 years if it was more than $3,200,000.[10]
How the property’s value is determined
The value of the items is based on their fair market value. This is the highest reasonable price that the items would have sold for in the open market at the time and place they were stolen.[11]
If multiple items were stolen, then their value is combined if:
- they were taken from a single victim, and
- they were taken in a single intent, plan, or impulse.[12]
For example: Mark steals Gertrude’s purse. There are dozens of things inside, with the most valuable being a Rolex watch worth $900. Altogether, everything else is only worth $100. This would be charged as grand theft because the value of all of the items combined is $1,000, over the $950 threshold.
Other types of theft offenses
The difference between petty and grand theft is based on the value of the property that was allegedly stolen. California criminal law also differentiates between how the theft occurred. Other types of theft in California are:
- theft by larceny, which is the unlawful taking and moving of someone else’s personal property, without their permission and with the intent to permanently deprive them of it,[13]
- theft by embezzlement, in which the property owner entrusts their property to you, and then you keep it for your own benefit,[14]
- theft by shoplifting, which involves going into an open store in order to steal something,[15] and
- theft by false pretense, which involves intentionally deceiving someone into handing over property, and then keeping it.[16]
These are in addition to the distinction between petty and grand theft. The terms can be combined. If you commit larceny and the value of the property was over $950, then you could be charged with grand larceny.
Regardless of how the theft of property allegedly occurred, it is always up to the prosecutor to prove their case beyond a reasonable doubt.
Legal Citations:
[1] California Penal Code 484 PC.
[2] See People v. Williams, 73 Cal.App.2d 154, 157 (1946).
[3] California Penal Code section 490 PC.
[4] California Penal Code sections 490.2 and 667(e)(2)(C)(iv) PC.
[5] California Penal Code 487 PC.
[7] California Penal Code 490.2 PC.
[8] California Penal Code 489 PC.
[9] California Penal Code 489 PC.
[10] California Penal Code 12022.6 PC.
[11] California Criminal Jury Instructions (CALCRIM) 1801. See also People v. Romanowski, 2 Cal.5th 903 (2017).
[12] People v. Bailey, 55 Cal.2d 514 (1961).
[13] CALCRIM No. 1800.
[14] CALCRIM No. 1806.
[15] CALCRIM No. 1703.
[16] CALCRIM No. 1804.
