Theft & Burglary

Theft and burglary charges in California encompass a wide range of property crimes involving the taking or attempted taking of property belonging to others. Theft crimes include petty theft (property worth less than $950), grand theft (property worth $950 or more), shoplifting, embezzlement, theft by false pretenses, receiving stolen property, and identity theft. Burglary involves entering a building, structure, or vehicle with the intent to commit theft or any felony inside, regardless of whether any property is actually taken. California distinguishes between first-degree burglary (residential burglaries) carrying 2-6 years state prison, and second-degree burglary (commercial burglaries) typically charged as misdemeanors or felonies depending on circumstances. After Proposition 47 passed in 2014, many theft offenses were reduced from felonies to misdemeanors when the value is under $950, though prosecutors still aggressively pursue these charges.

These charges are prosecuted because California law prioritizes property rights and views theft crimes as violations of trust and social order. Retailers lose billions annually to shoplifting and organized retail theft, creating political pressure to prosecute even minor theft cases. Prosecutors view burglary as particularly serious because it involves entering someone’s home or business, creating fear and violating the sanctity of private spaces. Law enforcement dedicates resources to property crime investigations, retail theft task forces, and surveillance programs designed to catch shoplifters and burglars. While these crimes don’t involve violence, convictions still result in jail time, restitution payments, and criminal records that affect employment and housing.

Common circumstances leading to theft and burglary charges include retail shoplifting caught on surveillance cameras or by loss prevention officers, situations where someone is accused of stealing from an employer based on inventory discrepancies, accusations of taking property that was actually borrowed or that you had permission to use, finding or purchasing property that turns out to be stolen without your knowledge, being present when someone else committed theft and being charged as an accomplice, entering a building or vehicle intending to retrieve your own property but being charged with burglary, credit card fraud or identity theft involving financial accounts, and cases where circumstantial evidence creates suspicion but doesn’t actually prove guilt. We’ve represented clients falsely accused by employers looking for scapegoats, people charged with receiving stolen property they didn’t know was stolen, individuals accused of shoplifting items they actually paid for, and defendants whose intent was mischaracterized by prosecutors.

Types of Theft and Burglary Charges We Defend

We handle all theft and burglary charges in San Luis Obispo, Santa Maria, and Lompoc:

Common Theft Offenses

• Petty Theft (PC 484/488) – Taking property worth less than $950, charged as a misdemeanor carrying up to 6 months in jail, typically resulting in probation, fines, and restitution for first-time offenders, though jail time is possible with prior convictions or aggravating circumstances.
• Shoplifting (PC 459.5) – Entering a commercial establishment during business hours with intent to steal property worth $950 or less, classified as a misdemeanor after Prop 47, carrying maximum 6 months jail, though often resolved through diversion programs for first offenses.
• Grand Theft (PC 487) – Taking property worth $950 or more, charged as a misdemeanor or felony (“wobbler”) at prosecutor’s discretion, carrying up to 1 year jail if misdemeanor or 16 months to 3 years prison if felony, with theft amount and criminal history influencing charging decisions.
• Grand Theft Auto (PC 487(d)(1)) – Stealing a vehicle worth any amount, always charged as grand theft regardless of vehicle value, carrying same penalties as general grand theft (16 months to 3 years if felony), with vehicle thefts prosecuted more aggressively than other property crimes.
• Theft from Elder (PC 368) – Taking property from someone 65 or older, carrying enhanced penalties including additional prison time and mandatory restitution, treated more seriously than general theft due to victim vulnerability.

Serious Theft and Burglary Felonies

• First-Degree Burglary (PC 459) – Entering an inhabited dwelling (someone’s home) with intent to commit theft or felony, always charged as a felony carrying 2, 4, or 6 years state prison, classified as a violent felony under California’s Three Strikes Law, and counted as a “strike” for sentencing enhancement purposes.
• Second-Degree Burglary (PC 459) – Entering a commercial building, uninhabited structure, or vehicle with intent to commit theft or felony, charged as a misdemeanor (up to 1 year jail) or felony (16 months to 3 years prison) depending on circumstances and criminal history.
• Burglary with Person Present – Burglary committed while someone is inside the structure, treated more seriously than unoccupied burglaries, carrying enhanced sentences and creating greater likelihood of prison time versus probation.
• Organized Retail Theft (PC 490.4) – Acting in concert with others to steal merchandise for resale, or stealing merchandise worth $950+ from multiple stores, carrying 16 months to 3 years prison and mandatory restitution, prosecuted aggressively due to retail industry pressure.
• Robbery (PC 211) – Taking property from someone’s person or immediate presence through force or fear, technically not “theft” but a violent felony carrying 2-5 years prison (first degree) or 2-3 years (second degree), with sentencing enhancements for weapon use or great bodily injury.

Related Theft Charges Often Filed Together

• Receiving Stolen Property (PC 496) – Buying, receiving, concealing, or selling property knowing it’s stolen, charged as a misdemeanor (property under $950) or felony (property $950+), carrying same penalties as theft, often charged when you’re found with stolen property but didn’t commit the original theft.
• Possession of Burglary Tools (PC 466) – Possessing tools, instruments, or devices with intent to use them for burglary or theft, charged as a misdemeanor carrying up to 6 months jail, often added to burglary charges when tools like crowbars, lock picks, or slim jims are found.
• Trespassing (PC 602) – Entering or remaining on property without permission, often charged alongside burglary when prosecutors can’t prove intent to steal, carrying maximum 6 months jail for misdemeanor, used as a lesser-included offense in plea negotiations.
• Conspiracy to Commit Theft or Burglary (PC 182) – Agreement between two or more people to commit theft or burglary, even if the crime is never completed, allowing prosecutors to charge everyone involved in planning regardless of who actually took property.

Additional Theft and Property Crime Offenses

• Embezzlement (PC 503/504) – Fraudulent appropriation of property entrusted to you, commonly charged against employees who allegedly took employer funds or property, treated as theft but involving breach of trust, carrying same penalties as grand theft depending on amount.
• Theft by False Pretenses (PC 532) – Obtaining property through intentional misrepresentation or fraud, requiring proof you made false statements intending to defraud and the victim relied on those statements, carrying 16 months to 3 years if felony.
• Identity Theft (PC 530.5) – Using another person’s identifying information without permission to obtain credit, goods, services, or property, charged as a misdemeanor (up to 1 year jail) or felony (16 months to 3 years prison) depending on amount taken and circumstances.
• Credit Card Fraud (PC 484e-484j) – Using stolen, forged, or fraudulently obtained credit cards, or using your own card knowing it’s been revoked or has insufficient funds, carrying misdemeanor or felony penalties depending on amount and number of transactions.
• Auto Burglary (PC 459) – Breaking into vehicles with intent to steal property inside, commonly charged when car windows are smashed or doors forced open, carrying same penalties as second-degree burglary though often resolved as misdemeanors.
• Carjacking (PC 215) – Taking a vehicle from someone’s immediate presence through force or fear, a violent felony carrying 3, 5, or 9 years state prison, much more serious than auto theft due to force/fear element.

This list represents the most common theft and burglary charges we defend, but we handle all property crime allegations. If you’re facing charges not listed here, or you’re unsure exactly what you’ve been charged with, we can help. Theft and burglary cases often involve complex questions of intent, value, and ownership that aren’t obvious from charging documents.

Call us at (805) 621-7181 to discuss your specific charges and what they mean for your case.

Penalties for Theft and Burglary Convictions

Theft and burglary convictions can result in:

• Jail or prison time – Petty theft/shoplifting: up to 6 months jail (often probation for first offense); Grand theft: up to 1 year jail if misdemeanor, 16 months to 3 years prison if felony; Second-degree burglary: up to 1 year jail if misdemeanor, 16 months to 3 years prison if felony; First-degree burglary: 2-6 years state prison mandatory
• Substantial restitution – Court-ordered repayment of full value of property taken, damaged, or lost, including consequential damages like repair costs or business losses, which can total thousands of dollars and remains enforceable for years even after completing probation
• Fines and fees – Up to $1,000 for misdemeanors, up to $10,000 for felonies, plus penalty assessments that typically triple the base fine, along with probation supervision fees, court costs, and booking fees
• Probation with strict conditions – Typically 3-5 years formal or informal probation requiring monthly reporting (formal) or self-reporting (informal), stay-away orders from victims’ homes or businesses, prohibition from shopping centers or retail establishments, random searches, and completion of theft prevention classes
• Theft prevention or diversion programs – Court-ordered classes teaching consequences of theft and strategies to avoid reoffending, typically lasting several weeks and costing $100-300, often required as condition of probation or diversion
• Immigration consequences – Theft crimes involving fraud or intent to defraud are crimes of moral turpitude that can result in deportation for non-citizens, affect naturalization applications, and create inadmissibility issues, with theft offenses over $950 particularly problematic
• Professional license consequences – Theft convictions require disclosure to licensing boards for accountants, financial advisors, real estate agents, attorneys, nurses, and other professions where trustworthiness is essential, often resulting in license suspension or revocation
• Employment barriers – Theft and burglary convictions appear on background checks and disqualify applicants from retail, banking, financial services, healthcare, positions handling money or inventory, and any job requiring bonding or fiduciary responsibility
• Three Strikes consequences – First-degree burglary counts as a strike under California’s Three Strikes Law, meaning a subsequent serious or violent felony results in double the normal sentence, and a third strike results in 25 years to life
• Enhanced sentences for prior convictions – Prior theft or burglary convictions result in enhanced penalties for new offenses, with second and third offenses carrying mandatory jail time even for misdemeanors and increased felony sentences
• Permanent criminal record affecting employment, housing, professional licenses, and background checks for life, with theft and burglary convictions viewed negatively by landlords, employers, and licensing boards

Proposition 47 and Theft Law Changes

In 2014, California voters passed Proposition 47, significantly changing how theft crimes are prosecuted:

Key Changes:

• Theft of property worth less than $950 is now a misdemeanor (previously could be felony)
• Shoplifting merchandise worth less than $950 is now always a misdemeanor
• Receiving stolen property worth less than $950 is now a misdemeanor
• Many people with prior felony theft convictions can petition to reduce them to misdemeanors

Exceptions:

• Defendants with prior convictions for serious or violent felonies (murder, rape, certain sex offenses) are not eligible for Prop 47 misdemeanor treatment
• Defendants required to register as sex offenders cannot benefit from Prop 47
• Theft from another person (like pickpocketing) can still be charged as robbery or grand theft person regardless of value

Impact on Your Case: Prop 47 means most theft cases under $950 are misdemeanors with maximum 6 months jail, making diversion programs and dismissals more common. However, prosecutors still file charges aggressively, restitution is still required, and criminal records still result from convictions even though they’re misdemeanors.

Why You Need an Attorney for Theft and Burglary Charges

Intent Is Often the Entire Case

Theft and burglary prosecutions depend on proving you intended to permanently deprive the owner of property (for theft) or that you entered a structure intending to commit theft or a felony (for burglary). Intent is a mental state that prosecutors must prove through circumstantial evidence—your actions, statements, and the circumstances. Many theft cases are defensible because intent is absent, unclear, or misinterpreted. Did you borrow property intending to return it? Did you take something believing you had permission? Did you enter a building for a legitimate reason unrelated to theft? We challenge the prosecution’s intent theories by presenting alternative explanations, demonstrating lawful purposes, and exposing assumptions that don’t match reality.

Circumstantial Evidence Isn’t Proof

Many theft and burglary cases rely entirely on circumstantial evidence: you were near the scene, you were found with property, surveillance video is unclear, or someone claims you took something. Prosecutors build theories based on circumstantial evidence and present them as fact, but circumstantial evidence can be explained in multiple ways. We challenge these theories by presenting alternative explanations, identifying gaps in the evidence, demonstrating reasonable doubt, and showing that suspicion isn’t the same as proof beyond a reasonable doubt.

Value Determinations Affect Everything

Whether theft is a misdemeanor or felony depends on whether property value exceeds $950. Prosecutors routinely inflate values using retail prices rather than actual value, replacement costs rather than fair market value, or estimates from victims who exaggerate losses. We challenge value determinations by obtaining independent appraisals, presenting evidence of actual value versus inflated claims, demonstrating property was used or damaged (reducing value), and arguing for accurate valuations that can reduce charges from felonies to misdemeanors.

Experience Matters

We’ve defended theft and burglary cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know which judges are receptive to diversion programs for first-time offenders and which ones routinely impose jail time. We know which prosecutors overcharge and which are willing to negotiate reasonable resolutions. We understand retail theft operations, loss prevention procedures, and how surveillance evidence can be challenged. We know how to present defenses that work in front of local juries who may have preconceptions about property crimes. That local experience informs our strategies from initial negotiations through trial.

How Central Coast Criminal Defense Can Help

Helping clients in San Luis Obispo, Santa Maria, and Lompoc defend against theft and burglary charges since 2010, we provide:

• Thorough Case Investigation – We review all evidence including police reports, witness statements, and surveillance footage to identify weaknesses and inconsistencies, obtain receipts, documentation, and witness testimony proving ownership or permission to possess property, investigate circumstances that negate intent such as misunderstandings, mistakes, or lawful purposes, and challenge property valuations that inflate theft amounts to support felony charges.
• Strategic Defense Development – We challenge the prosecution’s ability to prove intent to permanently deprive or intent to commit theft/felony upon entry, present defenses including claim of right (believing property was yours), consent (having permission to take or use property), mistake of fact (taking property believing it belonged to you), and lack of knowledge (not knowing property was stolen when receiving it).
• Aggressive Diversion Advocacy – We work to secure diversion programs for first-time offenders that result in case dismissal upon completion, negotiate pretrial resolutions that avoid criminal convictions, present mitigating circumstances including lack of criminal history, restitution ability, and personal circumstances, and pursue Prop 47 misdemeanor treatment when property value is under $950.
• Value and Evidence Challenges – We retain appraisers to challenge inflated property valuations, file motions to suppress illegally obtained evidence from unlawful searches or seizures, challenge identification evidence when surveillance footage is unclear or witnesses are unreliable, and attack circumstantial evidence by demonstrating reasonable alternative explanations.
• Personal Attention – You work directly with experienced attorneys who understand that theft and burglary accusations often involve misunderstandings, desperate circumstances, or being in the wrong place at the wrong time, and we’re available to answer questions and guide you through the process without judgment.

We understand that people facing theft and burglary charges often aren’t career criminals—they’re people who made mistakes, people accused of taking property they believed they had a right to, people who borrowed something without proper permission, people struggling financially who made bad decisions, or people falsely accused based on circumstantial evidence. We’ve represented college students accused of shoplifting, employees accused of theft by employers looking for scapegoats, people who bought property not knowing it was stolen, and defendants whose actions were mischaracterized as criminal when they weren’t.

Our approach focuses on the specific facts of your case. Can prosecutors prove intent? Is the evidence circumstantial and weak? Are there alternative explanations for your conduct? Is the property value inflated? Are you eligible for diversion? We examine every angle, challenge every assumption, and work to achieve outcomes that protect your record and your future.

Theft and burglary charges can be defended. We’ve won dismissals through diversion programs, secured acquittals at trial, negotiated reductions from felonies to misdemeanors, and achieved outcomes that avoided jail time and criminal records. Whether you’re facing shoplifting charges, grand theft allegations, residential or commercial burglary, or receiving stolen property accusations, whether this is your first offense or you have prior convictions, we’re here to provide the representation you need.

Don’t Wait—Call Us Today

Theft and burglary cases often have defenses that require early investigation, including obtaining surveillance footage before it’s deleted, interviewing witnesses before memories fade, and documenting value before evidence is lost. Early representation significantly improves your chances of favorable outcomes.

One mistake doesn’t have to define your future. Let’s discuss your options.