Most theft charges in California stay in the state court system. A shoplifting case in West Covina, a car theft in Baldwin Park, or a fraud scheme that happens entirely within Los Angeles County is usually handled by local law enforcement and the district attorney’s office. From there, the case moves through a California courtroom.
Some theft cases, though, can end up in federal court. Such a situation normally occurs when the activity takes place across state lines, on federal property, through the use of mail or bank transactions, or is part of a wider investigation. There are several aspects that make federal prosecutions different from other prosecutions. If federal charges may be involved, speaking with an experienced lawyer in West Covina can help you understand what court system you may be dealing with.
Most Theft Charges Are State-Level Crimes
California handles the vast majority of theft offenses under state law. Petty theft falls under Penal Code 488. Grand theft is governed by Penal Code 487. Commercial burglary and robbery each carry their own statutes under Penal Code 459 and 211.
These cases move through the Los Angeles Superior Court or whichever county courthouse covers the jurisdiction where the incident happened.
State-level theft charges can still carry serious consequences. A grand theft felony in California carries up to three years in state prison, and robbery is a strike offense. But state prosecutors and federal prosecutors operate under completely different frameworks, and the federal side generally produces harsher outcomes.
What Pushes a Theft Case Into Federal Court
Federal jurisdiction over theft does not kick in just because the crime is serious or involves a large amount of money. It comes from the nature of what was taken or how the taking was carried out. The most common triggers are federal property, federal funding, interstate activity, or a scheme that touches the U.S. mail or wire communications crossing state lines.
A theft that stays entirely within California, involving private property and private parties, is a state matter. Once any of those federal factors come into play, the situation shifts.
Common federal triggers include:
- Theft of government property
- Interstate transportation of stolen goods
- Theft from federally funded programs
- Mail theft
- Wire fraud
- Robbery affecting interstate commerce
Theft of Government Property
It is against federal law, as stated in Title 18, Section 641 of the U.S. Code, to steal government property. It includes any property belonging to a federal department or agency. There is no monetary threshold.
This crime covers the theft of property from a government facility, using government supplies for your own use, or stealing government documents. Even low-value items trigger federal charges if they belong to the federal government.
Interstate Transportation of Stolen Goods
One of the most common paths from state to federal court is through the movement of stolen property across state lines. The National Stolen Property Act, at 18 U.S.C. Section 2314, makes it a federal crime to transport stolen goods worth more than $5,000 across state lines.
A theft operation that moves merchandise from California to Nevada, or arranges for stolen goods to cross into Arizona, can be prosecuted federally even when each individual theft would have been a state offense on its own. The crossing of the state line is what creates federal jurisdiction.
Theft From Federally Funded Programs
Under 18 U.S.C. Section 666, theft from any organization that receives federal funds can be prosecuted federally when the stolen amount exceeds $5,000 in any one-year period. This statute covers nonprofits, local governments, hospitals, universities, and contractors that receive federal grants or funding.
This one catches people off guard. An employee at a county-run agency or a federally funded clinic who takes money or property from their employer can face federal charges, even when the theft happened entirely at the local level. The federal funding connection is what matters.
Mail Theft and Wire Fraud
Stealing from the U.S. mail is always a federal offense under 18 U.S.C. Section 1708. This includes taking packages from mailboxes, stealing checks or gift cards from envelopes, or redirecting mail as part of a theft scheme. These cases are investigated by the U.S. Postal Inspection Service.
Wire fraud involving theft, under 18 U.S.C. Section 1343, covers schemes that use electronic communications across state lines to take someone's money or property. If any part of the scheme involved an email, text message, or wire transfer that crossed state lines, federal prosecutors can take the case.
The Hobbs Act: Robbery Affecting Commerce
The Hobbs Act at 18 U.S.C. Section 1951 covers robbery or extortion that affects interstate commerce. Courts have applied this law broadly. Robbing a business that purchases supplies from out of state, for example, has been held to affect interstate commerce.
Federal prosecutors have used the Hobbs Act in cases that would otherwise have been handled entirely at the state level, particularly where there is a business victim, and the prosecution wants federal jurisdiction.
What Federal Theft Charges Actually Mean for Your Defense
Federal prosecutions are structured differently from state prosecutions in ways that matter from the very beginning. Federal investigators, whether the FBI, the Postal Inspection Service, or Homeland Security, typically start building cases well before charges are filed. By the time federal charges come, the investigation has often been running for months.
Federal sentencing guidelines are also different from California's sentencing system. There is no Three Strikes Law in federal court. Judges work from a guideline range based on the value of the theft, the defendant's criminal history, and specific offense characteristics. Sentences can be substantial even for someone without a prior record.
If federal charges are a possibility, the time to act is before they are filed, not after.
How We Defend Against Theft Charges in West Covina and Federal Court
Whether a theft case ends up in a California state courtroom or a federal courthouse, the defense starts with the same questions. What evidence does the prosecution actually have? How was it gathered? Does it hold up under scrutiny?
Tammy Higgins, our founding attorney, is admitted to practice in the U.S. District Court for the Central District of California and the Southern District of California. That federal court experience matters when a case moves out of the county courthouse. With nearly 18 years of criminal defense experience, including 16 years as a Public Defender across Orange County, Los Angeles County, and San Bernardino County, Tammy has handled serious cases at every level of the system.
We have had serious felony charges dismissed before trial and obtained not-guilty verdicts across multiple charge types. Past results do not guarantee future outcomes. Criminal cases are fact-specific.
If you are facing a theft charge in West Covina or anywhere in Los Angeles County, call us at (949) 226-7602 for a free, confidential consultation. We are available 24 hours a day, 7 days a week.
Frequently Asked Questions
Q: At what amount does theft become a federal offense?
A: There is no standard amount throughout the United States. Theft of property from federally supported organizations requires that the amount exceed $5,000 according to 18 U.S.C. Section 666. Transportation of stolen property interstate requires that the value exceed $5,000 according to 18 U.S.C. Section 2314. Theft of property from the federal government under 18 U.S.C. Section 641 has no minimum dollar requirement. Mail theft is subject to federal charges regardless of value.
Q: Can there be state and federal theft charges for the same offense?
A: Yes. Both state and federal governments can prosecute the same conduct if it violates either state or federal law based on the separate sovereign doctrine. Although coordination may take place between state and federal prosecutors in reality, there is nothing that prohibits dual prosecutions.
Q: Is it a federal offense to steal from a federal building?
A: Yes. It is considered a federal offense to steal anything that belongs to the U.S. government anywhere in the United States, regardless of the value.
Q: Does shoplifting ever become a federal crime?
A: Standard shoplifting from a private retail store is a state offense in California. Shoplifting from a store located on federal property, or as part of a scheme that crosses state lines, can trigger federal charges depending on the circumstances.
Q: In cases where stolen items are moved across state lines, who prosecutes the case?
A: Federal prosecution is responsible for any case involving the movement of stolen property across state lines under 18 U.S.C. Section 2314. This will be prosecuted by the U.S. Attorney’s Office in that district.
Q: Do I need a different attorney for federal theft charges than for state charges?
A: Your attorney must be admitted to practice in federal court. Not all criminal defense attorneys are. Confirm that any attorney you consider for a federal case has actual federal court experience and admission to the relevant district court before retaining them.
Contact Us
If you are facing a theft charge in West Covina or anywhere in Los Angeles County, call us at (949) 226-7602 for a free, confidential consultation. We are available 24 hours a day, 7 days a week.
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