Theft Crimes

Theft, which is also referred to as larceny under the California Penal Code, is a crime that almost everyone is familiar with. However, the nuances of the California theft laws are more complex than most realize. Under Penal Code § 484, there are several different ways to commit a theft, including:

• Stealing, taking, carrying, leading, or driving away the personal property of another;
• Fraudulently appropriating property that was entrusted to you;
• Defrauding another person of money, labor or property; or
• Fraudulently obtaining credit to obtain money, labor or property.

In general, most theft crimes are either classified as petit theft or grand theft. The way the laws are written, unless a crime is specifically labeled as grand theft, it will be charged as petty theft by default. For example, grand theft includes any of the following:

• Theft of property valued at more than $950;
• Theft of an automobile;
• Theft of a firearm; and
• Identity theft.

As a general rule, unless a more specific provision applies, grand theft is punishable by up to one year in prison. And petty theft is punishable by up to six months in prison and a fine of up to $1,000. However, if the theft involved a firearm, the maximum base prison term becomes three years.

Of course, the punishments listed above do not take into account any sentencing enhancements that may apply, which can dramatically increase your exposure.