Theft is one of the most commonly charged crimes in California. While it might seem like a straightforward legal category, theft in California is legally nuanced and divided into various classifications. Among the most common distinctions are between petty theft and grand theft. These terms might sound simple, but the implications and legal consequences can be drastically different.
If you or a loved one is facing theft charges, it is crucial to understand the differences between these two types of offenses, what they mean for your record, and how experienced legal representation—like the team at Perlman & Cohen—can protect your rights, your reputation, and your future.
Petty theft, also known as "petit theft," typically refers to the unlawful taking of someone else’s property when the value is $950 or less. It is generally considered a misdemeanor offense in California.
Petty theft can result from:
If charged as a misdemeanor, petty theft is punishable by:
While it may sound minor, a petty theft conviction on your criminal record can have lasting consequences, particularly in employment, housing, and immigration.
Grand theft is the unlawful taking of property valued at more than $950. However, there are several exceptions that allow prosecutors to file grand theft charges even if the item is worth less.
California law allows grand theft to be charged either as a misdemeanor or a felony, depending on the circumstances and criminal history of the accused.
If charged as a felony, grand theft is punishable by:
In felony cases, sentencing enhancements may apply if the value of the stolen property is particularly high, potentially adding several years to a sentence.
Someone with prior theft-related convictions may face more serious penalties, even if the new offense would otherwise be classified as petty theft. California's Penal Code Section 666 allows petty theft to be charged as a felony if the defendant has a prior conviction for a theft offense and has served time in jail.
California law differentiates between shoplifting and other theft crimes. Shoplifting is defined as entering a commercial establishment during business hours with the intent to steal items worth $950 or less. Since the passage of Proposition 47 in 2014, shoplifting under this definition is typically treated as a misdemeanor.
Embezzlement by an employee or someone in a position of trust can also result in grand theft charges, especially when it involves large amounts of money or high-value assets. Employers often press charges, and courts take these cases seriously due to the breach of trust involved.
While the value of the stolen property is a primary factor, prosecutors also consider:
Prosecutors often have discretion to charge a borderline case as either petty or grand theft depending on these factors. This is known as a “wobbler,” which can be charged as either a misdemeanor or felony.
Every theft case is different, but common defenses may include:
Facing theft charges—whether petty or grand—can be frightening and overwhelming. Having a skilled, experienced legal team like Perlman & Cohen in your corner can make all the difference. Here’s why clients trust us to fight for their rights:
Our attorneys know how to challenge evidence, cross-examine witnesses, and suppress statements made without proper Miranda warnings. We’re proactive in negotiating with prosecutors and pushing for charge reductions or dismissals whenever possible.
With years of experience in Los Angeles criminal courts, we understand how local judges and district attorneys approach theft cases. We tailor our defense strategies to the nuances of the LA legal system.
We treat every client with dignity and care. We know how a theft charge can affect your personal and professional life. Our team walks you through every step and makes sure you understand your options.
If a case cannot be dismissed outright, we advocate for the best possible outcome. That may include diversion programs, alternative sentencing, or reduced charges that do not carry jail time or permanent records.
A conviction doesn’t have to follow you forever. We help clients with record expungement whenever possible, so a past mistake doesn't block future opportunities.
We recently represented a young professional falsely accused of shoplifting an item valued at $500. Surveillance footage was unclear, and store personnel misidentified our client. We immediately began a thorough investigation, interviewed witnesses, and filed a motion to suppress the unreliable evidence. The result? Charges were dismissed before the case went to trial, and our client walked away with a clean record.
In another case, a client with a prior misdemeanor theft conviction was arrested for taking high-end cosmetics worth just over $950—putting the charge into grand theft territory. We were able to negotiate a reduction to misdemeanor petty theft and secure a diversion program that avoided jail time entirely.
If you’ve been arrested or suspect you may be charged with theft, call a criminal defense attorney immediately. Early intervention often makes a significant difference. Police and prosecutors move quickly—so should you.
Don’t answer questions without an attorney present. Don’t try to negotiate with the store or the victim on your own. Anything you say can and will be used against you.
Theft charges in California can have serious repercussions. But with the right legal representation, you don’t have to face them alone. At Perlman & Cohen, we bring skilled advocacy, a deep understanding of California law, and a client-first approach to every case we take.
Call us today for a free, confidential consultation. Let us fight for your rights and work toward the best possible outcome for your future.
Your freedom and reputation are too important to leave to chance—trust Perlman & Cohen to protect both.
