The Crime of Theft in CAlifornia

In California, theft is categorized into two main types: felony and misdemeanor, depending on the circumstances and the value of the property stolen. These distinctions are crucial as they determine the severity of potential consequences for individuals accused of theft.
Misdemeanor Theft:
Misdemeanor theft in California typically involves stealing property or services valued at $950 or less. This category encompasses a wide range of offenses, from shoplifting inexpensive items to minor instances of embezzlement or petty theft. Misdemeanor theft is generally considered less severe than felony theft and carries lighter penalties.
The penalties for misdemeanor theft in California can include fines, community service, probation, and in some cases, short-term incarceration. The exact consequences depend on factors such as prior criminal history and the specific circumstances of the theft.
For instance, under California law, petty theft (where the stolen property's value is $950 or less) is usually charged as a misdemeanor. If convicted, individuals may face a maximum fine of $1,000 and up to six months in county jail. However, many first-time offenders may receive lesser penalties, such as probation and community service, especially if they participate in theft prevention programs.
Felony Theft:
Felony theft occurs when the value of the stolen property or services exceeds $950 or if certain aggravating factors are present, regardless of the value. Felony theft is considered a more serious offense under California law and carries harsher penalties than misdemeanor theft.
The consequences for felony theft in California can include substantial fines, lengthy imprisonment in state prison (rather than county jail), restitution to the victim, and a permanent criminal record. The severity of the penalty is often determined by the value of the stolen property and the defendant's criminal history.
For example, grand theft is typically charged as a felony when the value of the stolen property exceeds $950. Penalties for grand theft can include imprisonment for up to three years, depending on the circumstances. Aggravating factors such as prior convictions or the use of violence can result in even harsher sentences.
Key Differences Between Felony and Misdemeanor Theft:

1. Value Threshold: The primary distinction between felony and misdemeanor theft in California is the value of the stolen property. Theft is generally considered a misdemeanor if the value is $950 or less and a felony if it exceeds $950.
   
2. Penalties: Misdemeanor theft carries lighter penalties than felony theft. While misdemeanors can result in fines, probation, and short-term incarceration, felony theft can lead to significant fines, longer prison sentences, and more severe repercussions.
   
3. Criminal Record: A conviction for either misdemeanor or felony theft results in a criminal record. However, felony convictions can have more profound and lasting consequences, affecting employment opportunities, housing options, and other aspects of life.
   
4. Prosecutorial Discretion: Prosecutors in California have discretion in determining whether to charge theft offenses as misdemeanors or felonies, based on the circumstances of the case and the defendant's criminal history.
   
5. Restitution: Both misdemeanor and felony theft convictions can require restitution to the victim. This involves reimbursing the victim for the value of the stolen property or services.
   

Legal Considerations:
It's important to note that California law provides avenues for defense against theft charges, regardless of whether they are classified as misdemeanors or felonies. Common defenses may include lack of intent to steal, mistaken identity, or consent from the property owner.
Moreover, California's criminal justice system recognizes the potential for rehabilitation and offers diversion programs for first-time offenders, particularly for misdemeanor offenses. These programs aim to educate offenders about the consequences of theft and reduce the likelihood of future criminal behavior.
In conclusion, understanding the difference between felony and misdemeanor theft in California is crucial for anyone accused of or facing charges related to theft. The distinction primarily hinges on the value of the stolen property and significantly impacts the severity of potential penalties. Whether the offense is charged as a misdemeanor or felony, seeking legal counsel and understanding one's rights are essential steps in navigating the criminal justice process effectively. To schedule a time to talk with Devina about a case you have, click here.