In the opening paragraph, it’s important to quickly summarize the key points that will be covered in more depth throughout the article. In California, whether stealing $950 is considered petty theft or grand theft depends on the specifics of the case. Generally, stealing less than $950 of property would be charged as petty theft, while stealing $950 or more would be grand theft. There are some exceptions, like if the item stolen was a firearm or an automobile. The differences in how these two crimes are charged and sentenced is an important factor when determining the legality and consequences of stealing this amount in California.
What makes a theft “petty” vs “grand” in California?
In California, the main factor distinguishing petty theft from grand theft is the value of the money or property stolen. According to California Penal Code Section 487, grand theft is defined as stealing money, labor, or property that is worth $950 or more. Theft of money, labor or property less than $950 in value is considered petty theft under California law. Some specific property items like cars, firearms, and agricultural products have lower threshold values and can be charged as grand theft even if worth less than $950. But in general, the $950 dividing line is what elevates a minor theft to a more serious grand theft charge in California.
Petty Theft Definition
California Penal Code Section 488 defines petty theft or petty theft with a prior as:
- Stealing property or services worth $950 or less
- Stealing property that isn’t otherwise classified as grand theft
- Shoplifting items worth $950 or less
- Forgery of documents worth $950 or less
Petty theft is the lowest level theft charge in California. It is a misdemeanor offense that carries lighter punishments than felonies like grand theft.
Grand Theft Definition
Under California Penal Code 487, grand theft is defined as:
- Stealing money, labor or property worth more than $950
- Stealing a firearm
- Stealing certain property worth more than $250, like cars or agriculture products
- Stealing from an elderly or disabled person
Grand theft is a wobbler offense that can be charged as either a misdemeanor or felony. This means it carries harsher punishments than petty theft under California law.
Penalties for Petty Theft vs Grand Theft
The penalties associated with petty theft vs grand theft highlight the reason the $950 threshold is so important.
Petty Theft Penalties
Petty theft is a misdemeanor offense punishable by:
- Up to 6 months in county jail
- A maximum fine of $1,000
- Informal probation
Though petty theft has lighter punishments, it can become a wobbler offense if the person has certain prior convictions on their record. Overall though, petty theft is considered a minor misdemeanor in California.
Grand Theft Penalties
Grand theft is a wobbler that can be punished as either a misdemeanor or felony:
- Misdemeanor – Up to 1 year in county jail, a fine up to $5,000
- Felony – 16 months, 2 years or 3 years in state prison, a fine up to $10,000
As a wobbler, a grand theft conviction can count as a strike under California’s three strikes law if charged/punished as a felony. This makes the consequences significantly higher compared to petty theft charges.
Exceptions to $950 Threshold
While $950 is the general cutoff between petty and grand theft, there are some exceptions where an item is treated as grand theft even if worth less than this amount:
- Firearm – Theft of any firearm is automatically grand theft
- Automobile – Theft of a car, truck, or other motor vehicle is grand theft if value over $950 or if the vehicle is worth more than $250
- Agriculture – Theft of fruit, nuts, vegetables, avocados etc. worth more than $250 is charged as grand theft
- Domestic Fowl – Theft of any domestic fowl like chickens, ducks, geese valued over $250 is grand theft
The lowered threshold values for certain property types indicate these items are treated with extra severity under California theft laws. However, absent one of these special circumstances, the $950 dividing line remains the key factor in distinguishing petty from grand theft.
Legal Defenses
There are several legal defenses that may apply in petty theft or grand theft cases:
- False accusations – If the defendant didn’t actually steal the item(s), they may be falsely accused due to mistaken identity or lack of evidence proving it was them.
- Consent – The owner consented to letting the defendant take or borrow the property in question.
- Innocent intent – The defendant took property by mistake or absent-mindedness without intending to deprive the owner.
- Rightful ownership – The defendant had a legal ownership right to the property in question.
- Misvaluation – The stolen property was inaccurately valued, leading to inflated theft charges.
These defenses may help fight both petty and grand theft charges by demonstrating the defendant did not actually commit theft or intend to steal the property. A skilled criminal defense lawyer can assess if any apply given the circumstances of an alleged theft crime.
Related Offenses
There are some related theft crimes in California law that have different elements:
Burglary
Burglary under Penal Code 459 occurs when someone enters a property with intent to commit theft or any felony. Burglary does not require that anything actually be stolen and can occur even if a theft attempt was interrupted or prevented.
Robbery
Robbery under Penal Code 211 is theft directly from another person, involving force or fear. This is a serious felony offense distinct from standard grand or petty theft laws.
Shoplifting
Shoplifting under Penal Code 459.5 is theft of store merchandise worth $950 or less. Shoplifting over this threshold may be charged as grand theft instead. Shoplifting also only applies to theft from commercial establishments.
Public Assistance Fraud
Public assistance fraud is a form of theft that involves willfully making false statements or failing to disclose information in order to obtain more welfare, unemployment or disability benefits than one is entitled to. This can be charged as grand theft if the fraudulent amount obtained is $950 or more. Public assistance fraud under $950 may be petty theft.
Penalties
- Misdemeanor – 1 year jail max, $1,000 fine max
- Felony – 1-3 years prison, $10,000 fine max
In addition to criminal penalties, beneficiaries will be disqualified from programs like CalFresh or MediCal for a period up to 10 years.
Check Fraud
Under Penal Code 476, it is illegal in California to issue fraudulent checks or drafts by:
- Writing a check on an closed/non-existent account
- Writing a check when knowing funds are insufficient
- Issuing a check with intent to defraud
This includes electronic transactions like debit card payments as well as physical checks. Check fraud for amounts less than $950 may be prosecuted as petty theft, while $950 or more can be charged as grand theft.
Penalties
- Misdemeanor – 1 year jail max, $1,000 fine max
- Felony – 1-3 years prison, $10,000 fine max
Identity Theft
Identity theft under Penal Code 530.5 involves willfully obtaining someone’s personal identifying information like their name, credit card number, social security number, signature or drivers license/ID card without authorization. This information is then commonly used to commit fraud crimes like charging purchases to the victim’s credit card or opening accounts in their name.
While identity theft itself does not require any minimum loss amount, fraudulent purchases or transactions of $950 or more will likely be charged as grand theft. The unauthorized use of personal information to facilitate theft is an additional offense on top of the primary theft charges.
Penalties
- Misdemeanor – 1 year jail max, $1,000 fine max
- Felony – 1-3 years prison, $10,000 fine max
Theft Type | Property Value | Potential Charge |
---|---|---|
Petty Theft | Less than $950 | Misdemeanor |
Grand Theft | $950 or more | Misdemeanor or Felony |
Firearm Theft | Any value | Felony |
Car Theft | Over $250 | Felony |
Agriculture Theft | Over $250 | Felony |
Conclusion
In summary, whether stealing $950 crosses the line into grand theft in California primarily depends on the value of the money or property stolen. Absent special circumstances around certain property types like cars or guns, theft under $950 will likely be petty theft, while theft of items worth $950 or more will be grand theft. This distinction carries major implications for the penalties someone will face if convicted. Understanding the $950 threshold provides clarity on how California divides minor and serious theft crimes.
Consulting with an experienced criminal defense attorney is highly recommended if facing any theft charges in California, regardless of the amount stolen. A lawyer can evaluate the evidence and circumstances to build the strongest defense strategy possible.