Theft Crimes FAQs
November 2, 2026 | Nafiz M. Ahmed
Understanding Theft Charges
What Counts as Theft Under California Law?
Theft in California generally involves unlawfully taking or obtaining someone else’s property with the intent to deprive the owner of it. Under California Penal Code § 484, theft can include stealing physical property, obtaining property through fraud, or misappropriating property entrusted to someone. Common examples include shoplifting, stealing money, and taking property without permission.
What’s the Difference Between Petty Theft and Grand Theft?
The main difference is generally the value of the stolen property. Under California Penal Code §§ 487 and 488, petty theft typically involves property worth $950 or less, while grand theft generally involves property valued above $950.
However, stealing certain items, including firearms or automobiles, can qualify as grand theft regardless of value. Petty theft is usually a misdemeanor, while grand theft may be charged as a misdemeanor or felony.
What’s the Difference Between Theft and Burglary?
Theft involves unlawfully taking or obtaining someone else’s property, while burglary involves entering a building or another qualifying structure with the intent to commit theft or a felony. Under California Penal Code § 459, a person can face burglary charges even if nothing is stolen.
Certain thefts from commercial establishments during regular business hours may instead qualify as shoplifting under Penal Code § 459.5.
Common Theft Charges We Handle
What Is Grand Theft Auto and How Is It Different From Carjacking?
Grand theft auto involves stealing another person’s vehicle and is covered by California Penal Code § 487(d)(1). Carjacking, under Penal Code § 215, involves taking a vehicle from someone’s possession or immediate presence through force or fear.
The key difference is that carjacking requires force or fear, while grand theft auto does not. Carjacking is a felony, while grand theft auto may be charged as a misdemeanor or felony.
What Is Robbery Under California Law?
Robbery is taking someone’s property from their possession or immediate presence against their will through force or fear. Under California Penal Code § 211, robbery is a felony. Unlike ordinary theft, robbery involves force or threats used to accomplish the taking.
A conviction can result in state prison time, with additional penalties possible when firearms, other weapons, or serious injuries are involved.
Are White-Collar Theft Crimes Like Embezzlement Treated Differently Than Other Theft Charges?
Yes. White-collar theft crimes often involve fraud, financial transactions, or misuse of entrusted property rather than physically taking someone’s belongings. Under California Penal Code § 503, embezzlement involves fraudulently appropriating property entrusted to someone.
Depending on the property’s value and the circumstances, these offenses may be charged as misdemeanors or felonies. Investigations often focus on financial records, transactions, and evidence of intent.
Penalties and Consequences
What Are the Penalties for a Theft Conviction in San Jose or Redwood City?
The penalties depend on the offense, property value, and defendant’s criminal history. Petty theft generally carries up to six months in county jail and a fine of up to $1,000 under California Penal Code § 490.
Grand theft can result in misdemeanor or felony penalties, while robbery and certain burglary convictions carry more severe sentences. Additional consequences may include probation, restitution, and a criminal record.
Can a Theft Charge Affect My Immigration Status or Professional License?
Yes. Certain theft convictions can affect immigration status or professional licensing in California. Some theft offenses may qualify as crimes involving moral turpitude under federal immigration law, potentially affecting deportation proceedings, admissibility, or immigration benefits.
Professional licensing boards may also consider theft-related convictions, particularly those involving dishonesty or financial misconduct. The consequences depend on the offense, conviction, and individual circumstances.
Defense and Next Steps
What Defenses Are Available if I’ve Been Accused of Theft?
Possible defenses include lack of intent to steal, mistaken identity, consent, ownership disputes, or a good-faith belief that the property belonged to the accused person. An attorney may also challenge unreliable witness statements, surveillance footage, property valuations, or evidence obtained through an unlawful search.
The appropriate defense depends on the specific charge and whether prosecutors can prove every required element.
Why Hire Ahmed & Sukaram, Criminal Defense Attorneys for a Theft Crime Charge?
Ahmed & Sukaram, Criminal Defense Attorneys has more than 30 years of combined criminal defense experience and has successfully resolved more than 3,000 cases. Founding attorney Nafiz Ahmed is a California State Bar Certified Specialist in Criminal Law, and our team has successfully defended more than 50 trials.
We represent clients facing theft charges in San Jose, Redwood City, and surrounding communities. If you are facing theft allegations, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys to schedule a confidential consultation with a theft crimes defense attorney at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500