In California, theft becomes a felony when the property value exceeds $950, or when the theft involves certain circumstances—such as stealing from a person, taking a car or firearm, or engaging in organized retail theft. Felony theft convictions can carry penalties of up to three years in custody, mandatory restitution, and a lasting criminal record. Recent changes in California law also expanded penalties for repeat petty theft and organized retail theft, making it crucial to understand how prosecutors approach these charges.
What Theft Means Under California Law
California theft laws are broad. They cover not only the physical act of stealing but also theft by trick, false pretenses, and embezzlement. Under California Penal Code § 484, theft occurs when someone takes another’s property with the intent to deprive the owner permanently, or for so long that the owner loses a major portion of its value.
The dividing line between misdemeanor and felony theft is usually $950. If the value of what was taken is $950 or less, the crime is typically petty theft. If it exceeds $950, it becomes grand theft under Penal Code § 487.
But value is not the only factor. California law recognizes specific situations where theft automatically rises to a felony, regardless of the dollar amount involved.
When Theft Becomes a Felony in California
Felony theft can be charged in multiple ways. While property value is one of the most common thresholds, other circumstances also make theft a felony under state law.
Theft Based on Value
- Over $950: Taking property worth more than $950 is classified as grand theft. This can be charged as a felony or a misdemeanor, depending on the facts and criminal history of the defendant.
- Aggregation Rule: Prosecutors may add together the values of multiple related thefts if they were part of one plan or scheme. This means that several smaller thefts could be combined to reach the felony threshold.
Theft From a Person
If property is taken directly from someone’s body or immediate presence, the crime is grand theft even if the value is under $950. For example, stealing a purse from someone’s shoulder qualifies as felony grand theft.
Theft of Automobiles or Firearms
- Automobiles: Taking a car qualifies as grand theft auto under Penal Code § 487(d)(1).
- Firearms: Theft of a firearm is a straight felony, meaning it cannot be reduced to a misdemeanor. Convictions carry serious state prison sentences.
Wage Theft
Under Assembly Bill 1003, intentional theft of wages over $950 from one employee or $2,350 from multiple employees within a 12-month period can be charged as felony grand theft. This law reflects California’s effort to address employer misconduct.
Organized Retail Theft
California Penal Code § 490.4 criminalizes organized retail theft—coordinated thefts from retail stores often intended for resale. This offense can be prosecuted as a felony even when individual theft amounts are below $950.
Repeat Petty Theft
California has laws that increase penalties for repeat offenders. Under Penal Code § 666, prior theft convictions can elevate a new petty theft to a wobbler (prosecuted as a misdemeanor or felony). A 2024 ballot measure also introduced Penal Code § 666.1, adding felony penalties for certain repeat petty theft and shoplifting cases.
Shoplifting and Burglary: Important Differences
Proposition 47 redefined shoplifting laws in California. Shoplifting under Penal Code § 459.5 occurs when someone enters a commercial establishment during business hours intending to steal property worth $950 or less. Normally, shoplifting is a misdemeanor.
However, shoplifting becomes burglary or organized retail theft if:
- The property is worth more than $950.
- The theft happens after business hours.
- The offender enters intending to commit another felony.
These distinctions matter because burglary and organized theft carry harsher felony consequences compared to misdemeanor shoplifting.
Elements of Proof in Felony Theft Cases
To convict someone of felony theft, prosecutors must prove specific elements beyond a reasonable doubt:
- Taking without Consent – The property was taken without the owner’s permission.
- Intent to Deprive – The accused intended to keep the property permanently or for long enough that the owner would lose significant value.
- Value of Property – The fair market value exceeded $950, unless it falls under special categories (firearm, car, from a person).
- Possession or Movement – Even minimal movement or possession of the stolen item can complete the theft.
Courts use fair market value at the time of the theft to measure worth. This includes estimating value for intangible property, such as digital access codes or account information.
Penalties for Felony Theft in California
The punishment for felony theft depends on the type of property stolen, the circumstances, and the defendant’s criminal record. California uses sentencing “triads,” where the court chooses between a lower, middle, or upper term of imprisonment.
- Felony Grand Theft (not involving firearms): 16 months, 2 years, or 3 years in county jail.
- Grand Theft Firearm: 16 months, 2 years, or 3 years in state prison (cannot be reduced to a misdemeanor).
- Organized Retail Theft: Prosecuted as a misdemeanor or felony, depending on circumstances.
- Receiving Stolen Property: A “wobbler” offense that may be charged as a felony if the property value exceeds $950.
- Petty Theft With Priors: Can be filed as a felony under Penal Code §§ 666 and 666.1.
In addition, California requires victim restitution under Penal Code § 1202.4. Courts will order defendants to repay the victim for economic losses, regardless of jail or probation terms.
Collateral Consequences of a Felony Theft Conviction
Beyond fines and jail time, felony theft convictions carry lasting consequences:
- A permanent criminal record that can impact housing, education, and loan opportunities.
- Loss of professional licenses or challenges in career advancement.
- Immigration consequences for non-citizens.
- Probation restrictions, including travel limitations, mandatory check-ins, and restitution payments.
Recent Changes in California Theft Laws (2024–2025)
California lawmakers have recently tightened theft-related statutes to address organized retail crime and habitual offenders.
- Proposition 36 (2024): Expanded felony penalties for repeat petty theft and shoplifting, creating Penal Code § 666.1 and extending probation for certain misdemeanor thefts.
- Retail Theft Legislation (2024): Introduced new laws against trafficking in stolen goods (Penal Code § 496.6) and enhanced police authority for warrantless arrests in retail theft cases.
- Aggregation Clarification: Penal Code § 487(e) now explicitly allows prosecutors to combine related thefts across counties and victims if motivated by one plan.
These changes mean theft cases that might once have been misdemeanors can now more easily be filed as felonies.
Common Questions About Felony Theft
Is shoplifting always a misdemeanor? Not always. While shoplifting under $950 is usually a misdemeanor, repeat offenses or thefts involving organized crime can be charged as felonies.
Can prosecutors combine small thefts into one felony? Yes. If thefts were part of the same plan or scheme, they can be aggregated to exceed the $950 threshold.
Is “borrowing” still considered theft? If the intent is to deprive the owner for a significant time, even temporary takings may qualify as theft.
Can wage theft lead to felony charges? Yes. Employers who intentionally withhold wages over $950 from one employee, or $2,350 from multiple employees in a year, may face felony grand theft charges.
Why Understanding Felony Theft Charges Matters
Felony theft charges carry weight far beyond fines or jail time. A single conviction can follow someone for life, affecting employment, housing, and reputation. With California lawmakers recently expanding theft laws and increasing enforcement powers, defendants need to understand how prosecutors view theft and what circumstances push a case into felony territory.
Conclusion
Felony theft in California is not limited to stealing property worth more than $950. It also includes thefts involving firearms, automobiles, property taken directly from a person, organized retail schemes, wage theft, and repeat petty theft cases. Penalties can range from jail time to long-term collateral consequences, including a criminal record that impacts many aspects of life.
If you or a loved one are facing felony theft charges, it is important to have a knowledgeable defense attorney who understands California theft laws and recent legislative changes. The Law Office of Brian C. Andritch provides aggressive representation for theft and felony cases, offering guidance tailored to each client’s situation.
For immediate assistance, call us today at (559) 785-2372.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.