How much theft is a felony in California? A defense attorney explains

California law say that theft is “grand theft” when “the money, labor, or real or personal property taken is of a value exceeding $950.” Grand theft is a wobbler under California law, meaning that a prosecutor can charge the offense as either a misdemeanor or a felony.¹

Can felony theft involve taking $950 or less?

Yes. If you have a prior conviction for a registerable sex offense or certain serious felonies, then a California D.A. could prosecute you for a felony for stealing the following items even if the value is $950 or less:

• a motor vehicle,
• certain animals (such as a horse, pig, or sheep), or
• any property that was taken off the person of its owner (that is, off of their body or clothing or from a container they held).

You could also face felony theft charges in California if:

• you repeatedly take money, labor, personal property, etc. from your employer, and
• the aggregate value of the property stolen amounts to more than $950 during any 12-month period.

Note that it is always a felony if you steal a firearm.²

What are the penalties for felony theft?

In California, stealing property in excess of $950 is prosecuted as a wobbler – meaning that it can be charged as either a misdemeanor or a felony.

Misdemeanor grand theft carries up to one year in county jail. Meanwhile, felony grand theft carries a county jail sentence of either:

• 16 months,
• 2 years, or
• 3 years.³

In addition, the judge will ask you to pay restitution to the victim to compensate them for the goods or services stolen.

Whether you get charged with a misdemeanor or a felony is up to the prosecutor’s discretion. They will typically base the decision on

1. the circumstances of your case, and
2. your criminal history.

Note that it may be possible to get formal probation in lieu of incarceration, especially since theft is a non-violent offense. However, you must be careful to abide by all the terms of probation, which often include:

• alcohol and drug tests
• community service
• avoiding the victim’s home or place of work
• checking in with your probation officer
• avoiding any new criminal cases

If you violate probation, the judge can remand you back to custody for the remainder of your sentence.

How can I fight the charges?

Here at Shouse Law Group, I have represented literally thousands of people charged with theft. In my experience, the following defenses have proven very effective with prosecutors, judges, and juries.

• you did not intend to steal a person’s property,
• the allegedly stolen property actually belonged to you (or you had a right of claim over it),
• the person who owned the “stolen property” consented to you taking it,
• you are a victim of mistaken identity (for example, you were wrongly picked out of a lineup),
• you were falsely accused, and/or
• the police committed misconduct, such as conducting an unlawful search and seizure or coercing your confession.