Menu
Theft, also known as larceny, refers to the illegal taking of money or other property from another person or business with the intent to permanently deprive the person of their property.
If the property in question is valued at $950 or less, you can be charged with petty theft under Penal Code 484(a) and PC 488. If the property is valued at more than $950, you may be charged with grand theft under Penal Code 487.
The majority of petty theft cases arise when someone physically takes property that belongs to someone else. This involves aspersion, meaning the thief has moved the property from one place to another, even if only slightly. Aside from theft by larceny, you can also be charged with petty theft if you engage in trickery, such as altering the price tag on an object in a store to pay less for it. Theft can also occur through embezzlement or fraud.
Petty theft is a misdemeanor in California, with maximum penalties including a fine up to $1,000, up to six months in jail, or both, if convicted.
In most cases, grand theft is a ‘wobbler’, meaning the prosecutor may charge it as either a misdemeanor or a felony depending on the case facts and the defendant’s criminal history, if any.
A larceny conviction goes on your criminal record, which can make it very difficult to find employment, as potential employers generally do not look favorably at a candidate with a grand theft conviction.
Depending on the type of property stolen, additional or more serious charges may apply. For example, grand theft of a firearm is always treated as a felony, with potential sentences of 16 months, two years, or three years in a California state prison. Moreover, grand theft of a firearm is considered a ‘serious’ felony under Penal Code 1192.7(c), making it a ‘strike’ offense under California’s three strikes law.
Some individuals are accused of larceny when they did not intend to steal the property. For example, someone might be trying on an item of clothing in a store and steps outside to take a phone call. If something like this has happened to you, we invite you to contact us as soon as possible so that you are not wrongly charged.
Even if the evidence against you is overwhelming or you have already confessed, it is crucial to contact Walk Free Law as soon as possible. Negotiating a plea bargain for larceny, which is a non-violent crime, is generally easier than for a violent crime. Our firm often negotiates informal resolutions in larceny cases where the accused agrees to pay restitution and compensate the victim in exchange for dropped charges.
