Theft, Burglary, Robbery & Property Crimes in California

Property crimes in California range from low-level misdemeanor theft cases to serious violent felonies carrying strike exposure.

The core governing statutes include:

Penal Code §484

Petty Theft (general definition)

Penal Code §488

Petty theft

Penal Code §487

Grand theft

Penal Code §490.2

Petty theft threshold (value over/under $950)

Penal Code §666.1

Petty theft with prior convictions

Penal Code §459

Burglary

Penal Code §460

First- and second-degree burglary

Penal Code §211

Robbery

The difference between these offenses turns on value, intent, entry, force, and prior record.

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Theft Under Penal Code §484

California defines theft broadly. Theft can occur through:

  • Larceny (taking property)
  • Embezzlement
  • False pretenses
  • Trick or fraud

The prosecution must prove:

  1. Property belonged to someone else,
  2. It was taken or appropriated without consent,
  3. With intent to permanently deprive the owner of it.

Intent is often the central issue.

Petty Theft – Penal Code §§488 & 490.2

Under Penal Code §490.2, theft of property valued at $950 or less is generally charged as misdemeanor petty theft.

Penalty:

  • Up to 6 months in county jail
  • Fine
  • Probation

California’s reforms (including Proposition 47) shifted many theft cases into the misdemeanor category. However, prior convictions can significantly alter exposure.

Petty Theft With a Prior – Penal Code §666

Under Penal Code §666, petty theft can be elevated if the defendant has certain prior theft-related convictions and served custody.

Historically, this statute allowed routine felony filings. Modern reforms significantly narrowed when felony treatment applies.

Today, felony exposure under §666 typically requires:

  • Specific qualifying prior convictions
  • Prior incarceration
  • Compliance with statutory conditions

Even where eligible, these cases are heavily litigated.

Penalty (if charged as felony):

  • 16 months, 2 years, or 3 years

Grand Theft – Penal Code §487

Grand theft applies when:

  • Property exceeds $950 in value, or
  • Certain categories of property are involved (firearms, vehicles, agricultural products)

Grand theft is a “wobbler”:

  • Misdemeanor or felony
  • Felony exposure: 16 months, 2 years, or 3 years

Value disputes are central in many grand theft cases.

Burglary – Penal Code §459

Burglary is often misunderstood.

Burglary does not require theft to occur.

It requires entry into a structure with intent to commit theft or any felony.

First-Degree Burglary – Penal Code §460(a)

Applies to:

  • Entry into an inhabited dwelling

This is always a felony and a strike offense.

Penalty:

  • 2, 4, or 6 years in state prison

Intent at the time of entry is the key battleground.

Second-Degree Burglary – Penal Code §460(b)

Applies to:

  • Commercial buildings
  • Uninhabited structures

This is typically a wobbler (can be charged as either a felony or a misdemeanor)

Robbery – Penal Code §211

Robbery is theft accomplished by:

  • Force, or
  • Fear

Unlike burglary or theft, robbery is a violent felony and a strike offense.

Penalty (second-degree robbery):

  • 2, 3, or 5 years

First-degree robbery (residential or certain victim categories):

  • 3, 4, or 6 years

Enhancements can dramatically increase exposure (e.g., weapon use, great bodily injury).

The Real Differences Between Theft, Burglary, and Robbery

  • Theft → Taking property.
  • Burglary → Entry with intent to commit theft or a felony.
  • Robbery → Taking property through force or fear (think of a “mugging”)

The escalation is significant:

  • Theft = property crime
  • Burglary = intent at entry
  • Robbery = violent felony

The Impact of Prior Convictions

Prior convictions affect:

  • Filing decisions
  • Eligibility for diversion
  • Bail
  • Sentencing exposure
  • Strike consequences

Petty theft cases can become far more serious when priors are involved, especially under §666.

Common Defense Issues in Property Crime Cases

  • Valuation disputes
  • Lack of intent
  • Mistaken identity
  • Surveillance reliability
  • Self-checkout and “intent vs. confusion” issues
  • Consent or ownership disputes
  • Overcharging burglary where intent is speculative
  • Force element challenges in robbery cases

Early review of surveillance footage is often critical. Retail video is routinely overwritten within weeks.

Collateral Consequences

Property crime convictions can impact:

  • Immigration status
  • Professional licenses
  • Employment background checks
  • Strike exposure (in robbery and certain burglary cases)
  • Probation search conditions

Why Acting Early Matters

Property crimes often hinge on:

  • Surveillance footage
  • Loss prevention reports
  • Digital payment records
  • Intent inference

Waiting weakens the ability to:

  • Preserve video
  • Identify witnesses
  • Challenge valuation
  • Prevent enhancement overreach

In burglary and robbery cases especially, early strategy can determine how a case is charged and whether a case remains a misdemeanor or escalates to a strike felony.

Next Step

If you or a family member is facing theft, burglary, robbery, or property crime charges under Penal Code §§484, 487, 490.2, 666, 459, or 211 in California — and you want a defense review focused on the specific statute(s) filed, prior-conviction exposure, valuation issues, and potential strike consequences — you can send your information to me here:

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