The number most people have heard is $950. Taking property worth more than $950 can be charged as grand theft under Penal Code 487, which can open the door to felony prosecution. Below that amount, the charge is generally petty theft, a misdemeanor. If you are facing a theft charge in West Covina or anywhere in Los Angeles County, a dependable criminal defense can help you understand whether the facts of your case may expose you to a felony.
The $950 figure is real, but it does not tell the whole story. Some circumstances can push a theft charge into felony territory, no matter what the stolen property was worth. Recent changes to California law have also added new rules for people with prior theft convictions.
The $950 Threshold and How Grand Theft Works
Under Penal Code 487, grand theft covers the theft of property worth more than $950. It also covers certain types of property where value is not the main issue, including firearms, automobiles, and horses. Stealing a low-value handgun or an older car can still qualify as grand theft.
Grand theft is a wobbler offense. That means the prosecutor can file it as either a misdemeanor or a felony. If filed as a felony, the possible sentence is 16 months, two years, or three years in state prison.
If grand theft is filed as a misdemeanor, the maximum penalty is one year in county jail. How the charge gets filed depends on the person’s criminal history, the type of property involved, the facts of the case, and how the prosecutor chooses to approach the matter.
When the Dollar Amount Does Not Control the Charge
There are situations where the value of the property does not control the charge level. Theft of a firearm is treated as grand theft under California law. The gun’s value is not the deciding factor.
Theft of a vehicle falls under grand theft auto under Penal Code 487(d)(1). Value does not control that charge either. A stolen car worth only a few hundred dollars can still be charged as grand theft auto.
Theft from a person can also be charged as grand theft under Penal Code 487(c), regardless of value. This means taking property directly from someone’s body or immediate possession. It is different from robbery, which requires force or fear.
How Prior Convictions Change What You Are Facing
Criminal history can change the entire picture in California theft cases. Penal Code 666 allows prosecutors to charge what might otherwise be misdemeanor petty theft as a felony when the defendant has certain prior theft-related convictions. That rule has been part of California law for years.
Proposition 36, passed in November 2024, added more exposure for repeat theft cases. A person with two or more prior theft or shoplifting convictions can now face a felony on a later offense, even when the new theft amount is below $950. That means prior convictions can matter as much as, or more than, the price tag in some cases.
If you have prior theft convictions and are now facing another charge, your case is not the same as a first-time offense. Even a case involving a lower-dollar item can carry a more serious risk.
The Aggregation Problem in Multiple Thefts and Joint Thefts
In situations involving multiple thefts or multiple people who commit joint thefts, the prosecution attempts to aggregate their individual values in order to satisfy the felony requirement. This problem occurs mainly in cases of organized retail theft under Penal Code 490.4.
This happens since if an organized crime group commits multiple thefts under one scheme, then these values can be aggregated. If five people commit thefts of $300 each, their thefts would add up to $1,500, which is already beyond the misdemeanor limit.
However, whether separate instances can be aggregated depends entirely on the facts of the particular case. The prosecution needs to prove that these thefts are connected by the same scheme, people, or operation. Separate thefts cannot simply become aggregated because the same individual committed multiple thefts.
What a Felony Theft Conviction Actually Costs You
The consequences of a felony theft conviction go beyond jail or prison time. Employment is often the first concern. Many employers run background checks, and a felony theft conviction can be especially damaging for jobs involving money, inventory, vulnerable people, or professional trust.
Housing can become harder, too. Many landlords screen applicants and may reject someone with a felony theft record. A conviction can also create problems for professional licenses.
Licensed individuals, such as nurses, educators, contractors, real estate agents, among others, may be disciplined by the respective licensing boards, suspended, or even lose their license as a result of a conviction for a felony theft offense. For non-U.S. citizens, consequences may be far more serious.
How We Defend Theft Cases in West Covina and Los Angeles County
A good defense strategy requires an analysis of the facts. The first step is the examination of how the value of the property was determined and whether it is valid. Stores, witnesses, and police reports don’t always give the correct value of stolen items.
Next, we assess how the investigation was carried out. If there were violations in collecting evidence, such as an unlawful search or any other violation, we will ask for it to be suppressed.
Intent is another key issue in any theft charge. Accidentally leaving a store with merchandise is not the same as deliberately concealing items with a plan to steal. The prosecution has to prove what you intended at the time of the alleged taking.
Tammy Higgins, our founding attorney, has spent nearly 18 years handling criminal cases in California. She spent 16 of those years as a Public Defender across Orange County, Los Angeles County, and San Bernardino County. She has won not-guilty verdicts on serious felony charges and has had cases dismissed before trial in matters involving theft and related offenses.
Past results do not guarantee future outcomes. Criminal cases are fact-specific.
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