Theft crimes are among the most common offenses prosecuted in California. People accused of shoplifting, stealing from family members or otherwise misappropriating resources that belong to others can face criminal charges.
Theft charges can carry an assortment of different penalties depending on the circumstances. Many people accused of theft crimes expect to face misdemeanor charges. However, California prosecutors can treat theft as a felony offense in certain situations.
When are defendants vulnerable to felony prosecution for alleged theft offenses?
When the property is valuable
The distinction between misdemeanor theft and felony theft often depends on the value of the property involved. Both standard theft offenses and shoplifting accusations can lead to grand theft felony charges once the total value of the property reaches $950.
The state has a degree of discretion in such cases. The prosecutor can choose whether they pursue simple theft offenses as misdemeanors or felonies.
When the theft endangers others
Generally speaking, both burglary and robbery scenarios lead to felony charges. Direct interactions during theft increase the risk of violent crime. If state prosecutors allege that a person unlawfully entered a private dwelling unit or directly stole from another person by threatening or injuring them, felony charges are likely.
Additionally, the state can pursue felony theft offenses in scenarios involving the theft of firearms or motor vehicles, regardless of their value. A felony grand theft charge can impact future opportunities and could lead to serious penalties if a defendant pleads guilty or gets convicted at trial.
Understanding California’s unique theft laws can help people prepare to fight back against pending theft charges. Reviewing their situation thoroughly with a skilled legal team can help defendants evaluate their options for fighting the serious felony charges they’re facing.
