Los Angeles Theft Defense: Understanding California Theft Charges

Facing a theft charge in Los Angeles can have serious repercussions, including jail time, fines, and a criminal record that affects your employment and personal life. California’s theft laws, primarily under California Penal Code § 484 (petty theft) and § 487 (grand theft), cover a range of offenses from shoplifting to embezzlement. At Rogers | Beltran LLP, our experienced Los Angeles theft defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain the types of theft charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

Types of Theft Charges in California

Theft in California is broadly defined as taking someone else’s property with the intent to deprive them of it permanently or temporarily. Charges vary based on the value of the property, the method of theft, and the circumstances. The most common theft charges include:

1. Petty Theft (PC § 484)

  • Description: Involves stealing property valued at $950 or less, such as shoplifting or taking small items without permission.
  • Key Factors: Typically a misdemeanor, often charged in cases like retail theft or minor property theft.

2. Grand Theft (PC § 487)

  • Description: Involves stealing property valued over $950, or specific items like firearms, vehicles, or agricultural products, regardless of value. Can also include theft by fraud, trick, or embezzlement.
  • Key Factors: Charged as a misdemeanor or felony, depending on the value, type of property, or criminal history.

3. Shoplifting (PC § 459.5)

  • Description: A specific form of petty theft involving entering a commercial establishment during business hours to steal property valued at $950 or less.
  • Key Factors: Introduced by Proposition 47 (2014), typically a misdemeanor.

4. Embezzlement (PC § 503)

  • Description: Involves misappropriating property entrusted to you (e.g., an employee stealing from an employer).
  • Key Factors: Can be charged as petty or grand theft, depending on the value of the property.

5. Theft by Fraud or False Pretenses (PC § 532)

  • Description: Involves obtaining property by intentionally deceiving the owner.
  • Key Factors: Can be misdemeanor or felony, based on the value of the property.

6. Aggravated Theft

  • Description: Enhancements apply for theft involving vulnerable victims (e.g., elderly), large-scale theft, or prior theft convictions.
  • Key Factors: Increases penalties, often leading to felony charges.

What the District Attorney Must Prove in a Theft Case

To secure a conviction for theft under PC § 484 or § 487, the Los Angeles DA must prove specific elements beyond a reasonable doubt:

  1. Taking of Property: You took possession of someone else’s property without their consent.
  2. Intent to Deprive: You intended to permanently or temporarily deprive the owner of the property’s use or value.
  3. Value of Property (for Grand Theft): For grand theft, the property’s value exceeds $950, or it falls under specific categories (e.g., firearms, vehicles).
  4. Method of Theft: Depending on the charge, the DA must prove the theft occurred via direct taking, fraud, trick, or embezzlement.

The DA relies on evidence such as surveillance footage, witness statements, receipts, or recovered stolen items. An experienced Los Angeles theft attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Theft Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight theft charges. Common defenses include:

  1. Lack of Intent:
    • If you did not intend to steal or deprive the owner of the property, you may not be guilty.
    • Example: You accidentally walked out of a store with an item, believing it was yours.
  2. Claim of Right:
    • If you believed you had a legal right to the property, even if mistaken, you may not be guilty of theft.
    • Example: You took property you thought was owed to you from a business dispute.
  3. False Accusations:
    • Theft charges can stem from misunderstandings or false claims, such as disputes with employers or retailers.
    • Example: A store employee wrongly accused you of shoplifting to cover their own mistake.
  4. Insufficient Evidence:
    • The prosecution may lack evidence to prove you took the property or had criminal intent.
    • Example: No video or witness evidence links you to the theft.
  5. Property Value Dispute (for Grand Theft):
    • If the property’s value is less than $950, a grand theft charge may be reduced to petty theft.
    • Example: The prosecution overestimates the value of stolen jewelry.
  6. Consent of Owner:
    • If the owner consented to you taking the property, no theft occurred.
    • Example: A friend allowed you to borrow an item, later claiming it was stolen.

At Rogers | Beltran LLP, our Los Angeles theft defense lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for Theft Convictions in California

Penalties for theft convictions depend on the charge, the value of the property, and your criminal history. As of July 2025, potential consequences include:

Petty Theft (PC § 484 or PC § 459.5)

  • Jail Time: Up to 7 months in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with community service or restitution.
  • Restitution: Payment to the victim for the value of stolen property.

Grand Theft (PC § 487)

  • Jail/Prison Time: Up to 7 months in county jail (misdemeanor) or 16 months, 2, or 3 years in state prison (felony).
  • Fines: Up to $1,000 (misdemeanor) or $5,000 (felony, plus fees).
  • Probation: Informal or formal probation, with conditions like restitution or community service.
  • Felony Record: Impacts employment, housing, and professional licenses (for felony convictions).

Additional Consequences

  • Employment Challenges: A theft conviction can limit job opportunities, especially in roles involving trust or finances.
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like accounting, real estate, or law.
  • Civil Lawsuits: Victims may sue for damages, increasing financial liability.

What Else Should You Know About Theft Charges in Los Angeles?

Theft charges can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The Theft Charge Process in Los Angeles

  1. Investigation: Police may investigate based on victim reports, surveillance footage, or witness statements. Shoplifting cases often involve store security.
  2. Arrest and Booking: You may be arrested and booked, potentially released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., from grand theft to petty theft) or result in diversion programs.
  4. Diversion Programs: For first-time petty theft or shoplifting, programs like informal diversion may dismiss charges upon completion of community service or restitution.

Why You Need a Los Angeles Theft Attorney

Navigating theft charges requires legal expertise due to complex evidence and sentencing options. An experienced attorney can:

  • Challenge the prosecution’s evidence to seek dismissal or reduction of charges.
  • Negotiate plea deals or diversion to avoid convictions.
  • Represent you in court to protect your rights and future.
  • Minimize impacts on your employment or professional licenses.

At Rogers | Beltran LLP, our Los Angeles theft defense attorneys have a proven track record of helping clients mitigate the consequences of theft charges.

How to Protect Yourself After a Theft Charge

  1. Do Not Admit Guilt: Avoid discussing the case with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep receipts, communications, or witness information that support your defense.
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or diversion programs.
  4. Comply with Court Orders: Follow bail or pre-trial conditions to avoid additional penalties.

Los Angeles-Specific Considerations

  • Retail Environment: Los Angeles’s busy retail hubs (e.g., Rodeo Drive, The Grove) lead to frequent shoplifting charges, often involving aggressive store security.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Hollywood Courthouse, each with unique procedures.
  • Urban Context: High-density areas increase the likelihood of surveillance or witness reports, but also provide opportunities to challenge evidence due to crowded settings.

Contact Rogers | Beltran LLP for Seasoned Theft Defense in Los Angeles

A California theft charge doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles theft attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing petty theft, grand theft, or shoplifting charges, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.