Los Angeles Theft Crime Attorney

Theft crimes in California can lead to serious legal consequences that extend far beyond fines or jail time. A conviction can permanently affect employment opportunities, professional licenses, and immigration status.

Because theft offenses are considered crimes involving moral turpitude, they can create long-term barriers to jobs, housing, and professional advancement.

If you are under investigation or have already been arrested for a theft offense in Los Angeles County, speaking with an experienced criminal defense attorney immediately is critical.

A knowledgeable defense lawyer can analyze the evidence, challenge the allegations, and work toward reduced charges, dismissal, or alternative sentencing options.

At Esfandi Law Group, our Los Angeles theft crime attorney defends clients against a wide range of theft-related offenses throughout Southern California.

We understand how prosecutors build theft cases and how to expose weaknesses in their evidence. Our goal is always to achieve the best possible outcome for our clients.

Schedule your free consultation at (310) 274-6529 or use the contact form here.

What Are Theft Crimes Under California Law?

California law broadly defines theft as unlawfully taking another person's property without consent with the intent to permanently deprive them of that property.

The state combines traditional theft categories such as larceny, embezzlement, and theft by false pretenses into a single legal concept of theft under Penal Code 490a.

The type of theft charge filed will often depend on:

The value of the property taken
The circumstances of the offense
Whether force or threats were used
The defendant's criminal history

Common theft-related offenses prosecuted in Los Angeles include:

shoplifting

felony shoplifting

burglary tools

grand theft person

theft by false pretenses

public corruption

Each of these crimes carries different legal elements and potential penalties.

California law offers key legal protections for married couples, often referred to as marital or spousal privilege.

Petty Theft – Penal Code 484 PC

Under California Penal Code § 488 PC, petty theft is defined as the unlawful taking of someone else's property valued at $950 or less.

Petty theft occurs when someone unlawfully takes property valued at $950 or less.

To obtain a conviction for petty theft, prosecutors must prove:

You took someone else's property
The owner did not consent
You intended to permanently deprive the owner of the property
The property value was $950 or less

Penalties for Petty Theft

Petty theft is usually charged as a misdemeanor and may result in:

up to six months in county jail
a fine up to $1,000
probation
restitution to the victim

If the property value is extremely low (for example, under $50), the offense may be charged as an infraction with only a fine.

Petty Theft With a Prior – Penal Code 666 PC

If a person has certain prior theft-related convictions, prosecutors may charge petty theft with a prior as a felony.

This enhanced charge can carry significantly more severe penalties, particularly if the defendant has prior serious or violent felony convictions under California's Three Strikes law.

Grand Theft – Penal Code 487 PC

Grand theft occurs when the value of stolen property exceeds $950.

Examples include:

stealing high-value electronics or jewelry
stealing firearms
stealing a motor vehicle
theft by false pretenses

Grand theft is considered a “wobbler” offense, meaning it can be charged as either a misdemeanor or a grand theft felony depending on the facts of the case.

Penalties for Grand Theft

Possible consequences include:

misdemeanor: up to one year in county jail
felony: 16 months, two years, or three years in jail
fines and restitution
probation

Robbery – Penal Code 211 PC

Robbery is a more serious theft offense because it involves force or fear used to take property directly from another person.

Unlike other theft crimes, the value of the property does not matter.

To convict someone of robbery, prosecutors must prove:

the victim possessed property
the property was taken from the victim's immediate presence
the taking was against the victim's will
force or fear was used
the defendant intended to permanently deprive the victim of the property

It should be noted that there is a difference between robbery and armed robbery.

A key factor that sets robbery apart from typical theft is the presence of fear, as outlined in California Penal Code 212 PC.

Penalties for Robbery

Robbery is always a felony and is considered a strike offense.

Possible sentences include:

up to 9 years in state prison for first-degree robbery
up to 5 years in prison for second-degree robbery

Additional sentencing enhancements may apply if weapons or great bodily injury are involved. First-degree robbery is defined under California Penal Code 212.5

Burglary – Penal Code 459 PC

Burglary occurs when someone enters a building, residence, or locked vehicle with the intent to commit theft or another felony.

There are two types of burglary:

First-Degree Burglary (Residential)

Entering an inhabited residence with criminal intent.

Penalties may include:

two, four, or six years in prison
a strike under California's Three Strikes law

Second-Degree Burglary (Commercial)

Entering a business or non-residential structure with the intent to commit theft.

This offense is a wobbler and may be charged as a misdemeanor or felony.

Identity Theft – Penal Code 530.5 PC

Identity theft occurs when someone uses another person's personal identifying information without permission for unlawful purposes.

Examples include:

opening credit accounts in another person's name
using someone's identity to obtain goods or services
creating fraudulent identification documents

Identity theft is also a wobbler offense.

Penalties may include:

up to one year in county jail (misdemeanor)
up to three years in jail (felony)

Receiving Stolen Property – Penal Code 496 PC

Receiving stolen property occurs when someone knowingly buys, receives, or possesses property that was stolen.

Prosecutors must prove:

the property was stolen
the defendant knew it was stolen
the defendant possessed or concealed the property

This offense is a wobbler, though property valued under $950 is usually charged as a misdemeanor.

Carjacking – Penal Code 215 PC

Carjacking is the forceful taking of a motor vehicle from another person while they are present.

The prosecution must prove:

the victim possessed the vehicle
the vehicle was taken from the victim's presence
force or fear was used
the defendant intended to deprive the victim of the vehicle

Carjacking is a violent felony strike offense with potential prison sentences of:

three, five, or nine years

Legal Defenses to Theft Charges

In certain situations, waiving a jury trial in favor of a bench trial may be a strategic move.

California Code of Civil Procedure 170.6 permits a party in a criminal case to disqualify a judge for perceived prejudice.

Every theft case is different, but experienced defense attorneys often challenge theft allegations by targeting weaknesses in the prosecution's evidence.

Common defenses include:

Lack of Intent

The prosecution must prove that the defendant intended to permanently deprive the owner of property.

If the property was taken accidentally or with intent to return it, this element may not be satisfied.

Ownership or Claim of Right

If a person reasonably believed the property belonged to them, they may not be guilty of theft.

Consent

If the owner allowed the defendant to use or take the property, theft did not occur.

A Fourth Amendment violation occurs when government officials conduct searches or seizures that aren't reasonable, or when they act without a proper warrant based on probable cause.

Mistaken Identity

Many theft cases rely heavily on eyewitness testimony or surveillance footage, which can lead to mistaken identification.

Insufficient Evidence

If prosecutors cannot prove every element of the crime beyond a reasonable doubt, the case may be dismissed or result in an acquittal.

Diversion Programs and Alternative Sentencing

In some cases, theft charges can be resolved without a conviction through alternative programs such as:

diversion programs
deferred entry of judgment
restitution agreements
probation without jail time

These options may allow eligible defendants to complete counseling, community service, or restitution in exchange for having charges dismissed.

Frequently Asked Questions

What is the difference between petty theft and grand theft?

Petty theft involves property valued at $950 or less, while grand theft involves property valued above $950 or certain types of property, such as vehicles or firearms. The classification of the offense affects both the potential penalties and how the prosecutor may charge the case.

Can theft charges be reduced or dismissed?

Yes. Depending on the facts of the case, theft charges may be reduced, dismissed, or resolved through diversion programs. In some cases, defense attorneys can negotiate reduced charges, present evidence to challenge the prosecution's case, or pursue alternative sentencing options such as diversion or deferred entry of judgment.

Do theft convictions appear on background checks?

Yes. Theft offenses are generally considered crimes of moral turpitude, meaning they may appear on employment background checks and professional licensing reviews. Even if a conviction is later expunged, it can still appear in certain background investigations.

Can theft charges affect immigration status?

Yes. Many theft offenses are classified as crimes involving moral turpitude under immigration law. A conviction could affect immigration benefits, visa eligibility, or lawful permanent residency. Non-citizens should consult with an experienced criminal defense attorney who understands the immigration consequences of criminal cases.

Why You Need an Experienced Los Angeles Theft Defense Attorney

The consequences of a theft conviction can extend far beyond the immediate criminal penalties. A conviction may affect employment opportunities, professional licensing, immigration status, housing applications, and future background checks.

An experienced criminal defense attorney can evaluate the facts of the case, identify weaknesses in the prosecution's evidence, and develop a strategy to protect your rights. Early intervention by a defense lawyer can sometimes prevent charges from being filed or lead to reduced charges before the case progresses further in court.

At Esfandi Law Group, our Los Angeles theft crime attorney has extensive experience defending clients against a wide range of theft-related allegations. We carefully analyze evidence, challenge unlawful searches or questionable identifications, and negotiate with prosecutors when appropriate.

Our goal is always to pursue the best possible outcome, whether that involves dismissal of charges, reduced penalties, or an alternative resolution that avoids a permanent criminal conviction.

Theft Crimes