There are a number of theft charges in the penal code. Whether the charge is a felony or a misdemeanor depends on the value and circumstances of the alleged theft. Theft of more than $950 in cash, goods or services is generally charged as a felony in California. Theft from a residence is a felony strike. Theft involving force or fear is felony robbery, a serious and violent strike offense. Less than $950 is charged as a misdemeanor pursuant to Prop. 47.

Vehicle theft is defined as taking a vehicle without the owner’s consent with the intent to deprive the owner of the property. If you borrow your brother’s car without permission, he can report you and have you arrested for auto theft in violation of Vehicle Code section 10851. If you can prove you had permission to use the car then you have a legitimate defense and may be able to avoid a conviction.

Some clients who are caught shoplifting are surprised to find out that the prosecutor charged them with felony robbery in violation of California Penal Code section 211, a serious and violent strike offense. In California, a misdemeanor shoplift can be charged as a robbery if the suspect uses force or fear to in the course of the theft. That means if a shoplifter bumps the security guard on his way out of the store, the offense becomes a robbery. If you’ve been charged with a robbery, you have options, call us for a free consultation.

On November 4, 2014, California voters passed Prop. 47, which reduced certain drug and theft offenses to misdemeanors. The law established a threshold of $950 in order to charge a theft as a felony. Theft crimes involving more than $950 in property or loss are still treated as felonies. Residential burglaries and robbery offenses are also still considered felonies regardless of the loss amount.