Theft crimes in Los Angeles continue to rise, with the Los Angeles Police Department reporting thousands of theft-related arrests annually across Los Angeles County. According to recent data from the Los Angeles County Sheriff's Department, grand theft cases have increased significantly, with organized retail crime and commercial burglaries becoming major concerns for law enforcement. At Hurwitz Law Group, we provide aggressive criminal defense representation for individuals facing theft charges in Los Angeles.
By definition, a theft crime is when an individual takes possession of another individual's property without the owner's consent. Theft offenses vary depending on the nature of the crime. Stealing, or thievery, is classified differently under California Law. A crime of theft can range from a seemingly harmless petty theft to a massive grand theft. The classification of a theft crime depends on the value of the stolen object and the specific circumstances under the California Penal Code.
Our experienced Los Angeles criminal defense attorney can help you get out if you are wrongfully charged with theft. Property crimes are generally serious offenses that can result in a permanent criminal record, affecting employment opportunities, housing applications, and immigration status for years to come.
Theft offenses are serious criminal charges that can result in county jail time, state prison sentences, and a permanent criminal record. Fighting for justice can be challenging when victims' voices often overshadow defendants in court.
Hiring a highly skilled criminal defense attorney is crucial. At Hurwitz Law Office, our Los Angeles theft crimes lawyer possesses the qualities that win cases. Our criminal defense lawyer aggressively challenges prosecutors. We value our attorney-client relationship and offer free, no-obligation consultations to analyze your case and provide actionable legal advice.
The California Penal Code governs the identification and punishment of grand theft. Section 487 defines grand theft as the theft of property valued at more than $950. Similar to petty theft, grand theft requires the thief to meet specific elements to validate the crime.
As stated in the law, the elements of grand theft include intent to steal and the value of the stolen item exceeding $950. Generally speaking, grand theft is considered a wobbler crime. This means that criminal charges can be either misdemeanors or felonies, depending on the nature of the crime and the defendant's criminal record.
A misdemeanor grand theft is punishable by up to 3 years of probation and up to 6 months in jail. A defendant may be fined $1,000. A felony grand theft, on the other hand, is punishable by up to 16 months or 3 years in state prison. The gravity of the punishment solely depends on the nature of the case and any prior convictions.
California defines petty theft as the theft of property valued at $950 or less. To qualify as petty theft, the prosecution must prove two elements: intent to steal and a value under $950. In most cases, it is charged as a misdemeanor, punishable by up to six months in the Los Angeles County jail and a $1,000 fine.
However, Penal Code Section 666 allows prosecutors to file petty theft as a felony if the defendant has qualifying prior convictions. Proposition 47 also reshaped theft laws by reducing many felony theft offenses to misdemeanors when the value is under $950. Understanding the difference between petty and grand theft helps determine charges, penalties, and defense strategies.
| Category | Petty Theft | Grand Theft |
|---|---|---|
| Value of Property | $950 or less | More than $950 |
| Common Charges | Misdemeanor | Felony or misdemeanor (wobbler) |
| Possible Penalties | Up to 6 months in county jail + $1,000 fine | Up to 3 years in state prison (felony) |
| Key Statutes | Penal Code § 484 & § 488 | Penal Code § 487 |
| Enhancements | Penal Code § 666 allows felony filing for offenders with priors | Certain circumstances (e.g., a stolen firearm) increase penalties |
| Impact of Prop 47 | Many offenses are reduced to misdemeanors if they are under $950 | Applies only if the property value is under $950 |
This comparison helps defendants understand how prosecutors classify theft charges and what penalties may apply.
Auto theft or burglary is described in Section 10851 of the California Penal Code. The state defines grand theft auto as the intent to steal a locked motor vehicle, and Penal Code Section 487m covers specific scenarios of vehicle theft. California considers auto theft a form of second-degree burglary, which carries penalties similar to other burglary crimes. To prove grand theft auto, the prosecution must show the defendant intended to take the vehicle without the owner’s consent. The law recognizes several key elements of auto theft:
Robbery is defined as theft committed through physical force or fear. The use of a weapon often increases the threat and severity of the act. Robbery is classified as first- or second-degree, depending on where the crime occurs. First-degree robbery may occur near an ATM, inside a public vehicle, or in a home or other inhabited structure. Key points include:
Burglary involves entering a commercial or residential space with the intent to commit theft. California divides burglary into two degrees. First-degree burglary, or residential burglary, takes place in a home or other living space. Second-degree burglary involves commercial locations and has become more common due to organized retail crime. Important details include:
These distinctions affect sentencing, potential plea deals, and long-term consequences.
White-collar theft crimes are non-violent offenses that use deception and fraud to steal property. These sophisticated property crimes are prosecuted aggressively by law enforcement and can result in both state and federal criminal charges.
Identity theft is governed by California law and involves the fraudulent use of another person's identity. The defendant should have intended to use personal information fraudulently to acquire the victim's property. Identity theft is a wobbler case. If convicted of a felony, the defendant will face a maximum sentence of up to 3 years' imprisonment. For misdemeanor cases, the defendant faces up to one year in jail.
Credit card fraud is a white-collar crime that involves the unauthorized use of credit card information. The California Penal Code surrounds the regulations and punishment for credit card fraud. Depending on the amount stolen and circumstances, credit card fraud can be charged as either a misdemeanor or a felony.
The following crimes are classic examples of white-collar theft:
Since white-collar crimes have a broad definition, punishments vary. Some are felony theft crimes, while others are misdemeanors. The severity of punishment mainly depends on the nature of the case and the criminal investigation findings.
Organized retail crime is a growing problem in Los Angeles County. Police and sheriff’s departments now focus heavily on groups that steal items from stores and resell them through fencing operations. These crimes often involve smash-and-grab thefts, where people rush into a store, take expensive goods, and run. Reports show these incidents have increased in recent years. Retail theft of any kind can lead to serious charges, including higher fines and longer jail or prison time.
Carjacking is a felony under California law. It happens when someone takes a car from its owner by using force or fear. The person must intend to take the vehicle and keep it from the owner. Carjacking is also a “strike” under the Three Strikes Law. A third strike can result in a sentence of up to 25 years in prison, making it one of the most severe theft offenses in the state.
Receiving stolen property involves buying, receiving, or hiding items you know were stolen. Someone can be charged even if they did not steal the item themselves. This also includes taking part in fencing operations that store or sell stolen goods. The crime is a “wobbler” in California:
Wage theft happens when employers fail to pay workers what the law requires. This includes unpaid wages, missing overtime, or paying below minimum wage. Workers can file complaints with the Labor Commissioner to recover money owed to them. Some employers may face criminal charges for serious violations.
Unlike property crimes, wage theft involves taking money or labor from employees rather than stealing physical items. It results in a sentence of up to 25 years in prison, making it one of the most severe theft offenses.
As established above, the penalties for theft vary depending on the nature of the crime. Some theft crimes may be misdemeanors, while others are felonies. However, wobbler crimes exist, meaning an offense can be a misdemeanor or felony depending on circumstances.
Generally, misdemeanor cases may result in up to 6 months in Los Angeles County jail. Misdemeanor cases may also carry a $1,000 fine. Conversely, most felony charges generally have a punishment of three years' imprisonment in state prison. A felon may even be required to pay a maximum penalty of $10,000.
Additional consequences include:
It is always better to consult with a criminal defense lawyer who can properly assess your case. They may give you an idea about the punishment you might face depending on your case, and can develop a defense strategy tailored to your situation.
A defendant in a theft crime has the legal right to defend himself against any accusations. Our criminal defense attorney employs a range of defense strategies tailored to the specific circumstances of each case.
Some of the most common defenses include:
Lack of intent: A defendant can raise an argument that he lacks the plan to steal property. The court cannot incriminate a defendant who does not meet the essential element in a theft crime—the intent to steal.
Accidentally taking property: If a defendant mistakenly takes an item thinking it was his, the defendant lacks the intent to steal. A lack of purpose cannot be considered theft.
False accusation: If a victim mistakenly identifies your action as theft, it is considered a false accusation. False accusation is not a valid reason to incriminate a defendant in a theft crime defense.
Insufficient evidence: The prosecution must prove guilt beyond a reasonable doubt. If police reports lack sufficient evidence or law enforcement conducted an improper criminal investigation, charges may be dismissed.
Mistaken identity: In cases involving retail theft or organized retail crime, mistaken identity can be a valid defense.
These are just some examples of legal defenses a defendant can use before the court. Along with these defenses, the defendant would still need proof to support their innocence. Our criminal defense attorney thoroughly reviews police reports, surveillance footage, and witness statements to build the strongest defense strategy.
In many theft cases, prosecutors may offer plea bargain agreements. Plea deals can result in reduced charges, lighter sentences, or alternative sentencing, such as community service. An experienced criminal defense attorney can negotiate favorable plea deals that minimize the impact on your life.
However, not all cases should be resolved through plea bargains. Sometimes, fighting criminal charges at trial is the best option. Our criminal defense lawyer evaluates each case individually to determine the best defense strategy—whether that involves negotiating a plea deal or taking the case to trial.
Grand theft involves property valued at over $950, while petty theft involves property valued at $950 or less under the California Penal Code.
Yes, grand theft is a wobbler crime. Your criminal defense attorney can argue for misdemeanor charges based on the circumstances of the case.
Not necessarily. First-time offenders may receive probation, community service, or alternative sentencing depending on the case and defense strategy.
Proposition 47 reclassified many theft crimes as misdemeanors when the property value is under $950, significantly reducing potential penalties.
Organized retail crime involves coordinated theft from retail stores, often with stolen merchandise sold through fencing operations for profit.
Yes, many theft convictions can be expunged after completing your sentence, helping you move forward without a criminal record.
Theft offenses carry heavy consequences, but you shouldn't suffer from false accusations or excessive penalties. Our Los Angeles criminal defense attorneys at Hurwitz Law Group understand your situation and fight for the best possible outcome.
Whether you're facing charges for grand theft, petty theft, organized retail crime, auto theft, burglary, identity theft, or other property crimes in Los Angeles County, we provide aggressive representation. We offer free no-obligation consultations to evaluate your case and discuss defense strategies.
Don't let theft charges derail your future. Call us now at 323-244-147 or fill out our online form for strong criminal defense representation.
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