A theft charge in San Bernardino County can range from a minor misdemeanor to a serious felony that carries years in state prison. Where your case falls on that spectrum depends on the value of what was allegedly taken, your prior criminal record, and the specific facts of the alleged offense. Working with a certified criminal defense attorney in San Bernardino, CA gives you a clearer picture of what to expect from the process and what your real defense options are.
Our firm handles theft defense for clients across San Bernardino, Fontana, Ontario, Rancho Cucamonga, Rialto, Colton, and the surrounding communities. Here is what the process tends to look like from a criminal defense perspective.
How California Defines Theft and Its Categories
California Penal Code 484 defines theft as the taking of another person's property with the intent to permanently deprive them of it. California divides theft into two primary categories based on the value of the property alleged to have been taken.
Petty theft under PC 484 involves property valued at $950 or less and is charged as a misdemeanor. Grand theft under PC 487 involves property valued over $950 and can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's prior record. Grand theft of a firearm and grand theft directly from the person of another are treated as felonies or wobblers regardless of the dollar amount, because of the elevated risk or harm involved in those specific methods of taking.
What Happens After a Theft Arrest in San Bernardino
After a theft arrest in San Bernardino County, the typical process begins with booking at the local detention facility and a subsequent arraignment hearing at San Bernardino Superior Court. At arraignment, the charges are formally read, bail is addressed, and you enter a plea.
For misdemeanor theft charges, you may be released on your own recognizance or on a relatively modest bail. Felony theft charges typically involve a higher bail amount and a subsequent preliminary hearing, which is one of the most important stages in any felony case. The preliminary hearing is where a judge reviews the prosecution's evidence and determines whether there is probable cause to proceed to trial. Cases with insufficient evidence can be dismissed at this stage, and we prepare aggressively for every preliminary hearing where that outcome is realistic.
Common Defenses to Theft Charges in California
Not every theft accusation is supported by evidence that holds up under scrutiny. Several recognized defenses apply to theft charges under California law, and the applicable defense depends on the facts of the specific case.
A claim of right defense applies when you genuinely believed, even if incorrectly, that you had a legal right to the property. This belief does not have to be reasonable to negate the intent element, only honest. Lack of intent challenges the prosecution's ability to prove you intended to permanently deprive the owner of the property. Mistaken identity applies when the identification of you as the person who took the property is not reliable. Consent applies when the owner permitted you to take or use the property. We also examine whether the surveillance footage, witness accounts, and physical evidence offered by the prosecution actually establish your involvement, or whether the prosecution is building its case on inference rather than direct proof.
Felony vs. Misdemeanor: Why the Distinction Matters
The difference between a misdemeanor and a felony theft conviction is significant across every dimension of your life. A misdemeanor petty theft conviction carries a maximum of six months in county jail and a fine. A felony grand theft conviction can result in up to three years in state prison.
Beyond the immediate sentence, a felony conviction creates lasting consequences for employment, housing, and professional licensing. It also affects your right to possess firearms under both California and federal law. For defendants with prior theft-related convictions, California's three-strikes law can significantly increase the exposure on a new felony theft charge, making the defense strategy even more consequential.
Shoplifting Charges and Proposition 47
Proposition 47, approved by California voters in 2014, reclassified shoplifting of merchandise valued at $950 or less as misdemeanor petty theft under Penal Code 459.5 rather than burglary, reducing the severity of many retail theft charges across the state.
Despite the reduced charge level, shoplifting arrests in San Bernardino, Fontana, Ontario, and other retail-heavy communities in San Bernardino County are prosecuted consistently. A prior history of theft-related misdemeanor arrests, even without felony convictions, can be used to argue for enhanced sentencing on a new charge. We track the prior record carefully and address its potential impact on sentencing from the start of every case.
Why Local Court Experience Matters in Theft Defense
Theft cases in San Bernardino County are heard at San Bernardino Superior Court. Knowing how local prosecutors approach these cases, how judges in the relevant courtrooms handle evidentiary disputes, and how the DA's office approaches plea negotiations in this specific jurisdiction makes a practical difference in how cases are resolved.
Attorney Tammy Higgins spent 16 years as a public defender in San Bernardino before founding our firm. That experience is not theoretical. It translates directly into knowledge of how cases move through the local system, where opportunities exist for strong defense work, and when a case is likely to resolve short of trial versus when going to the mat is the right call.If a prior conviction from a theft case is now affecting your employment or housing, we also handle expungement for clients whose convictions qualify under California Penal Code 1203.4.
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