Theft, at its core, is taking someone else's property with the intent to deprive them of it. That simple definition covers an enormous range of conduct under California law, from a shoplifting allegation involving a few dollars of merchandise to felony grand theft, commercial burglary, and organized retail theft prosecutions. The label attached to the charge, and the dollar value the prosecution assigns to the property, can mean the difference between an infraction-level resolution and a felony record.

At Law Office of Marc S. Kohnen, we understand how overwhelming and stressful it can be to face theft accusations. Whether you have been charged with petty theft, grand theft, shoplifting, receiving stolen property, or another theft-related crime, we are here to protect your rights and reputation.

Marc Kohnen has extensive experience navigating the complexities of the California legal system and provides personalized legal counsel tailored to your case. Theft charges are rarely as simple as they look on the police report: the value of the property, what you actually intended, and how the evidence was gathered all matter, and each is a place where a careful defense can change the outcome.

The Theft-Offense Landscape in California

California organizes theft offenses primarily by the value of the property involved and the manner in which it was taken. Understanding where a charge sits in that framework is the first step in defending it. The most common theft-related charges in San Diego County include:

Petty Theft (Penal Code 484/488): Taking property valued at $950 or less. Petty theft is generally a misdemeanor, and in some very low-value cases it may be handled even more leniently.
Grand Theft (Penal Code 487): Taking property valued at more than $950. Theft of a firearm is grand theft regardless of value, and theft of an automobile is charged as grand theft in many cases as well, though a very low-value vehicle case can sometimes be treated as petty theft. Grand theft can be charged as a misdemeanor or a felony.
Shoplifting (Penal Code 459.5): Entering a commercial establishment during regular business hours with the intent to steal property worth $950 or less. This offense was created by Proposition 47 and is generally a misdemeanor for people without certain serious prior convictions.
Burglary (Penal Code 459): Entering a building or other qualifying structure with the intent to commit theft or another felony. Burglary of an inhabited home is first-degree residential burglary, a serious felony. Burglary of a business or other structure is second-degree commercial burglary, which can often be charged as either a misdemeanor or a felony.
Auto Burglary: Breaking into a locked vehicle with the intent to steal is prosecuted as a form of second-degree burglary. These cases frequently turn on whether the vehicle was actually locked and on how the defendant was identified.
Receiving Stolen Property (Penal Code 496): Buying, receiving, concealing, or withholding property you know to be stolen. If the property is worth $950 or less, the charge is generally a misdemeanor; higher values can support felony charges.
Mail Theft: Taking mail from a mailbox or from a carrier is a crime under California law and can also be prosecuted federally. Package theft allegations have drawn increasing enforcement attention in recent years.
Robbery (Penal Code 211): Taking property from a person by force or fear. Robbery is always a felony and a strike offense, and it is treated very differently from ordinary theft. We cover robbery in depth on its own page.

In addition to these core offenses, prosecutors have increasingly used organized retail theft statutes, including Penal Code section 490.4, against people accused of acting with others to steal merchandise for resale or of committing a series of retail thefts. These charges can aggregate the value of multiple takings and expose a person to felony punishment even when each individual incident was small.

This page addresses the theft-crime landscape broadly. If your charge is grand theft or robbery specifically, our dedicated pages on those offenses go into the elements, penalties, and defenses in more detail.

Proposition 47 and the $950 Line

Much of modern California theft law traces back to Proposition 47, a ballot measure passed by voters in 2014. Prop 47 drew a clear line at $950: most thefts of property worth $950 or less must be charged as misdemeanors rather than felonies, subject to exceptions for people with certain serious prior convictions or sex-offender registration requirements. Prop 47 also created the separate misdemeanor shoplifting offense under Penal Code 459.5, which prevents prosecutors from charging an ordinary retail theft as commercial burglary simply because the person walked through the store's doors intending to steal.

The $950 figure is therefore one of the most important numbers in any theft case, because it often determines whether you are facing a misdemeanor or a potential felony. Valuation is not always straightforward: merchandise may be valued at full sticker price when actual market value would be more accurate, used goods are routinely overvalued, and prosecutors sometimes aggregate separate incidents to climb over the threshold. Challenging the prosecution's valuation is a core part of theft defense.

In November 2024, California voters passed Proposition 36, a ballot measure that rolled back portions of Prop 47 and toughened the treatment of repeat theft offenders, including provisions allowing harsher charges for people with prior theft convictions and for certain organized or repeated retail thefts. The details of how Prop 36 applies depend on the specific charge, the person's record, and how courts interpret the new provisions, so anyone facing a theft charge with prior theft convictions should get case-specific advice rather than relying on general summaries of the old rules.

Petty Theft with Prior Convictions

California law also treats some repeat offenders more harshly through Penal Code section 666, commonly called petty theft with a prior. Under this statute, a person charged with petty theft who has qualifying prior theft-related convictions and who falls within certain categories defined by the statute can face elevated punishment, including the possibility of a felony charge for what would otherwise be a misdemeanor. The scope of who qualifies has shifted over the years as the law has changed, and recent ballot measures have expanded the consequences for repeat theft conduct. If you have any prior theft-related record, the charging decision in a new case becomes significantly more consequential, and it is worth having a defense attorney examine whether the priors actually qualify.

Wobblers, Penal Code 17(b), and Diversion

Many California theft offenses are wobblers, meaning the prosecution can charge them as either a misdemeanor or a felony. Grand theft and second-degree commercial burglary are common examples. When a wobbler is charged as a felony, Penal Code section 17(b) gives the court discretion to reduce it to a misdemeanor, either during the case or, in many situations, after a grant of probation is successfully completed. A 17(b) reduction can dramatically limit the long-term damage of a theft case, and arguing effectively for one requires presenting the court with a full picture of the circumstances of the offense and the person charged.

For lower-level theft charges, diversion may be available. California's misdemeanor diversion law allows judges, in appropriate cases, to pause a prosecution while the defendant completes conditions such as restitution, counseling, or community service. If the conditions are completed, the case is dismissed. Not every case or every defendant is eligible, and judges have discretion, but diversion is often the most favorable resolution available in a first-offense shoplifting or petty theft case because it avoids a conviction entirely. We assess diversion eligibility in every misdemeanor theft case we handle.

Potential Penalties for Theft Crimes

Penalties for theft convictions in San Diego vary based on the nature of the crime, the value of the property, and prior criminal history. As a general framework:

Petty Theft: Generally punishable by up to six months in county jail and a fine of up to $1,000, though many first offenses resolve with far less, and diversion may avoid a conviction altogether.
Shoplifting: Generally a misdemeanor carrying up to six months in county jail for those who qualify for misdemeanor treatment.
Grand Theft: As a misdemeanor, up to one year in county jail; as a felony, a county jail term that can extend to three years, with enhancements possible for high-value property.
Receiving Stolen Property: Up to one year in jail as a misdemeanor; felony treatment is possible where the property value exceeds $950.
Commercial Burglary: As a felony, up to three years; residential burglary carries state prison exposure and is a strike offense.
Organized Retail Theft: Can be charged as a misdemeanor or, for some forms of the offense, as a felony — including by aggregating multiple incidents to reach felony thresholds.

Beyond jail or prison time, a theft sentence typically includes probation terms, restitution to the alleged victim, stay-away orders from the business or location involved, and fines and fees. Every one of these consequences is negotiable to some degree, and the difference between a rushed plea and a carefully worked-up case often shows up in these terms as much as in the headline sentence.

Collateral Consequences: Why a Theft Conviction Follows You

Theft offenses carry a particular kind of long-term damage because they are considered crimes of moral turpitude, offenses that reflect on a person's honesty. That classification has consequences well beyond the criminal courtroom.

For non-citizens, a theft conviction can create serious immigration problems, including potential inadmissibility or deportability, depending on the offense, the sentence, and the person's immigration history. Immigration consequences are highly technical and depend on exact statutory language and sentencing details, which is one reason plea negotiations in theft cases must be handled with immigration exposure in mind from the very beginning.

For employment, theft convictions are among the most damaging entries that can appear on a background check. Employers in retail, finance, healthcare, and any position involving money handling or fiduciary responsibility routinely screen for theft and dishonesty offenses. A misdemeanor petty theft conviction can close doors for years.

Professional licensing is another area of exposure. Nurses, real estate agents, contractors, financial professionals, attorneys, and other licensees can face discipline from their licensing boards for crimes of moral turpitude, sometimes even when the criminal case itself resolved lightly. Members of the military and security-clearance holders face parallel risks.

These collateral consequences are exactly why fighting for a diversion, a dismissal, a reduction to a non-theft offense, or a 17(b) reduction matters so much. The goal in a theft case is not just avoiding jail; it is protecting the record you will carry for the rest of your life.

Civil Demand Letters from Retailers

If you were detained for shoplifting, you may receive a letter from the retailer or a law firm representing it demanding payment of several hundred dollars as a civil penalty. California law allows merchants to make these civil demands, and the letters are often aggressive in tone. The civil demand is separate from the criminal case: paying it does not make the criminal charge go away, and ignoring the letter does not, by itself, worsen your criminal exposure. Anything you say in response to the retailer can potentially find its way into the prosecution's hands, so talk to your attorney before paying or responding to one of these letters.

What Defense Strategies Do We Use for Theft Crimes?

How Theft Charges Get Challenged

Every theft case is different, and the right defense depends on the facts. Depending on the circumstances of your case, the available approaches may include:

Lack of Intent: Theft requires the intent to deprive the owner of the property. Absent-mindedness, distraction, a misunderstanding about a transaction, or intoxication can all undercut the prosecution's ability to prove intent beyond a reasonable doubt.
Mistake of Fact: If you genuinely believed the property was yours, was abandoned, or that you had permission to take it, that belief can negate the intent element.
Claim of Right: California recognizes a defense for a person who takes property under a good-faith belief that they have a right to it, such as recovering property they believe belongs to them.
Valuation Challenges: Because the $950 line separates misdemeanors from felonies, contesting the prosecution's valuation of the property can reduce the level of the charge even when the taking itself is not disputed.
Identification Issues: Retail theft cases often rest on grainy surveillance footage and loss-prevention testimony. Where identification is uncertain, that uncertainty is the defense.
Unlawful Search or Detention: Evidence obtained through an illegal search, or statements taken in violation of your rights, can be suppressed, and cases sometimes collapse without them.

Even where the evidence is strong, there is almost always work to be done: negotiating for diversion, a reduced charge, a plea to a non-theft offense that avoids the moral-turpitude label, or terms that protect immigration status and professional licenses. Marc Kohnen approaches every theft case with both tracks in mind, litigating the weaknesses in the prosecution's case while building the record needed for the strongest available resolution.

Theft Charge Questions We Hear Often

Will a first-offense shoplifting charge give me a criminal record?

Not necessarily. Many first-offense shoplifting and petty theft cases in San Diego County are good candidates for misdemeanor diversion or other negotiated outcomes that end in dismissal. Whether that is realistic depends on the facts, your record, and the value involved, but a first-time charge is often survivable without a conviction if it is handled correctly from the start.

The store already got the merchandise back. Can I still be charged?

Yes. Theft is complete when property is taken with the intent to deprive the owner of it; returning the merchandise, or having it recovered by loss prevention before you left the parking lot, does not undo the offense. That said, full recovery of the property and a lack of any loss to the merchant are meaningful mitigation, and they often help in negotiating diversion, a reduced charge, or a lighter resolution.

How does the prosecution decide between misdemeanor and felony charges?

The biggest single factor is the value of the property: $950 is the general dividing line between petty theft and grand theft. Beyond value, prosecutors weigh prior record, any allegations of planning or coordination with others, the type of property, and the circumstances of the taking. Because many theft offenses are wobblers, the initial charging decision is not the final word: a felony filing can be challenged at the preliminary hearing, negotiated down, or reduced by the court under Penal Code 17(b).

Should I pay the civil demand letter I received from the store?

Not before talking to a lawyer. The civil demand is separate from the criminal case, and paying it does not resolve or dismiss the criminal charge. The right move depends on where your criminal case stands, so coordinate any response with your defense attorney.

Why Choose Law Office of Marc S. Kohnen

When you are facing theft charges, you need a defense attorney who understands the local legal landscape and fights hard for your rights. Marc S. Kohnen has spent years defending theft cases in San Diego's courts, from misdemeanor shoplifting files to felony grand theft and burglary prosecutions. He knows how these cases are charged, how they are valued, and where the leverage points are, and he combines that experience with straightforward, personal attention to every client.

Book an Initial Consultation

Do not let a theft accusation define your future. The decisions made in the first days of a case, sometimes before charges are even filed, can shape everything that follows. Contact Law Office of Marc S. Kohnen to schedule a confidential consultation with an experienced San Diego theft defense attorney. We will review your case in detail, answer your questions, and build a strategy tailored to your situation and what you have to protect.

San Diego Theft Defense Attorney