Property crimes in California range from low-level misdemeanor theft cases to serious violent felonies carrying strike exposure.
Theft, Burglary, Robbery & Property Crimes in California
The core governing statutes include:
Petty Theft (general definition)
Penal Code §488
Petty theft
Grand theft
Petty theft threshold (value over/under $950)
Petty theft with prior convictions
Burglary
First- and second-degree burglary
Robbery
The difference between these offenses turns on value, intent, entry, force, and prior record.
Theft Under Penal Code §484
California defines theft broadly. Theft can occur through:
- Larceny (taking property)
- Embezzlement
- False pretenses
- Trick or fraud
The prosecution must prove:
- Property belonged to someone else,
- It was taken or appropriated without consent,
- With intent to permanently deprive the owner of it.
Intent is often the central issue.
Petty Theft – Penal Code §§488 & 490.2
Under Penal Code §490.2, theft of property valued at $950 or less is generally charged as misdemeanor petty theft.
Penalty:
- Up to 6 months in county jail
- Fine
- Probation
California’s reforms (including Proposition 47) shifted many theft cases into the misdemeanor category. However, prior convictions can significantly alter exposure.
Petty Theft With a Prior – Penal Code §666
Under Penal Code §666, petty theft can be elevated if the defendant has certain prior theft-related convictions and served custody.
Historically, this statute allowed routine felony filings. Modern reforms significantly narrowed when felony treatment applies.
Today, felony exposure under §666 typically requires:
- Specific qualifying prior convictions
- Prior incarceration
- Compliance with statutory conditions
Even where eligible, these cases are heavily litigated.
Penalty (if charged as felony):
- 16 months, 2 years, or 3 years
Grand Theft – Penal Code §487
Grand theft applies when:
- Property exceeds $950 in value, or
- Certain categories of property are involved (firearms, vehicles, agricultural products)
Grand theft is a “wobbler”:
- Misdemeanor or felony
- Felony exposure: 16 months, 2 years, or 3 years
Value disputes are central in many grand theft cases.
Burglary – Penal Code §459
Burglary is often misunderstood.
Burglary does not require theft to occur.
It requires entry into a structure with intent to commit theft or any felony.
First-Degree Burglary – Penal Code §460(a)
Applies to:
- Entry into an inhabited dwelling
This is always a felony and a strike offense.
Penalty:
- 2, 4, or 6 years in state prison
Intent at the time of entry is the key battleground.
Second-Degree Burglary – Penal Code §460(b)
Applies to:
- Commercial buildings
- Uninhabited structures
This is typically a wobbler (can be charged as either a felony or a misdemeanor)
Robbery – Penal Code §211
Robbery is theft accomplished by:
- Force, or
- Fear
Unlike burglary or theft, robbery is a violent felony and a strike offense.
Penalty (second-degree robbery):
- 2, 3, or 5 years
First-degree robbery (residential or certain victim categories):
- 3, 4, or 6 years
Enhancements can dramatically increase exposure (e.g., weapon use, great bodily injury).
The Real Differences Between Theft, Burglary, and Robbery
- Theft → Taking property.
- Burglary → Entry with intent to commit theft or a felony.
- Robbery → Taking property through force or fear (think of a “mugging”)
The escalation is significant:
- Theft = property crime
- Burglary = intent at entry
- Robbery = violent felony
The Impact of Prior Convictions
Prior convictions affect:
- Filing decisions
- Eligibility for diversion
- Bail
- Sentencing exposure
- Strike consequences
Petty theft cases can become far more serious when priors are involved, especially under §666.
Common Defense Issues in Property Crime Cases
- Valuation disputes
- Lack of intent
- Mistaken identity
- Surveillance reliability
- Self-checkout and “intent vs. confusion” issues
- Consent or ownership disputes
- Overcharging burglary where intent is speculative
- Force element challenges in robbery cases
Early review of surveillance footage is often critical. Retail video is routinely overwritten within weeks.
Collateral Consequences
Property crime convictions can impact:
- Immigration status
- Professional licenses
- Employment background checks
- Strike exposure (in robbery and certain burglary cases)
- Probation search conditions
Why Acting Early Matters
Property crimes often hinge on:
- Surveillance footage
- Loss prevention reports
- Digital payment records
- Intent inference
Waiting weakens the ability to:
- Preserve video
- Identify witnesses
- Challenge valuation
- Prevent enhancement overreach
In burglary and robbery cases especially, early strategy can determine how a case is charged and whether a case remains a misdemeanor or escalates to a strike felony.
Next Step
If you or a family member is facing theft, burglary, robbery, or property crime charges under Penal Code §§484, 487, 490.2, 666, 459, or 211 in California — and you want a defense review focused on the specific statute(s) filed, prior-conviction exposure, valuation issues, and potential strike consequences — you can send your information to me here:
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