The Difference between Petty and Grand Theft in California

As with many states, California's distinction between petty theft and grand theft is generally function of the value of the property stolen

. Theft itself is defined in the California Penal Code as the "unlawful taking of another's property".

In California, petty theft is considered to be an unlawful taking by trick, force, embezzlement, or by false representation that, in most cases, deprives the lawful owner of the stolen property when that property is valued at less than 400 dollars. Petty theft is what most people think of when they envision the average shoplifting attempt where store property is hidden on the perpetrator's person and taken out of the store. However, the 400 dollar rule is not absolute. Other circumstances arise where the threshold is lower, or set at a cumulative amount over a set length of time. For example, in California, the theft of agricultural or aquacultural products is only considered to be petty theft if the value of stolen property is 250 dollars or less.

Grand theft in California is defined as theft where the value of property stolen is more than 400 dollars, unless of course the property is agricultural in nature. In addition, repeated petty thefts from one's employer can result in eventually being charged with grand theft. The California Penal Code contains a stipulation that grand theft is committed when an employee takes more than 950 dollars worth of property from his or her employer in a twelve month period. In effect, an employee who steals 20 dollars every week from the cash register for one year can be charged with committing grand theft.

In addition, several other provisions in the California Penal Code allow for a grand theft charge to be pursued in certain circumstances. If the property is taken from the victim personally - if the person is robbed on the street for example - the theft automatically qualifies as grand theft, even if the value of property stolen is less than 400 dollars. Stealing a vehicle is also grand theft in California, as is stealing a firearm. And perhaps a throwback to California's past: Stealing any of a number of farm animals including a horse, cow, pig, mule, or sheep automatically qualifies as grand theft.

In a society where the value of so many property items are or exceed 400 dollars, pretty much any theft beyond sneaking candy out of the local convenience store may very well result in being charged with grand theft in the state of California.

- One final important note: This is not legal advice - if you've stolen something or been charged with theft you had better meet with attorney in person to discuss your options.

Convicted of a theft offense? The attorneys at Will & Will, LLP are ready to defend your case.

The Difference between Petty and Grand Theft in California

By: Bob White

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