Being charged with theft and burglary crimes can feel overwhelming—but you’re not alone, and you have options. Whether you’re dealing with shoplifting allegations at downtown SLO stores, burglary charges from entering a residence or business with intent to steal, or grand theft accusations involving property taken from Cal Poly campus or parking lots, understanding your charges is the first step toward protecting your future.
At Central Coast Criminal Defense, we’ve helped San Luis Obispo residents defend against theft and burglary charges since 2010. We know the courts, the prosecutors, and—most importantly—we know how to fight for results that protect what matters most to you.
What Counts as a Theft and Burglary Crime in California?
Theft and burglary are distinct but related property crimes under California law. Theft under Penal Code Sections 484-488 involves taking someone else’s property without permission with intent to permanently deprive the owner—this includes shoplifting from downtown San Luis Obispo stores, stealing from vehicles in parking lots, taking packages from porches, and embezzling from employers. California divides theft into petty theft (property under $950) which is typically a misdemeanor under Proposition 47, and grand theft (property over $950 or specific items like firearms and vehicles) which can be charged as a felony. Burglary under Penal Code Section 459 is more serious—it’s entering any structure (home, business, or vehicle) with intent to commit theft or any felony inside, and you can be charged with burglary even if you never actually stole anything as long as you entered with criminal intent.
In San Luis Obispo and throughout San Luis Obispo County, theft and burglary arrests commonly occur at retail stores on Higuera Street and in downtown SLO where merchants report shoplifting, following residential burglaries in neighborhoods near Cal Poly and throughout the city when homeowners discover forced entry and missing property, at vehicle break-ins in downtown parking structures and Cal Poly parking lots where windows are smashed and items stolen, through investigations where stolen property is traced back to suspects through pawn shops or online sales, and when individuals are caught on surveillance video taking property from stores, homes, or vehicles. The San Luis Obispo County District Attorney’s Office prosecutes theft and burglary cases with varying levels of aggression—first-degree residential burglary is prosecuted as a serious strike offense, while petty theft may qualify for diversion programs for first-time offenders.
What many people charged with theft and burglary don’t understand is that Proposition 47 created significant opportunities to reduce felony charges to misdemeanors when property values are under $950, but prosecutors don’t automatically offer these reductions and often overcharge cases as burglaries when evidence supports only petty theft. Additionally, burglary charges require proving you formed intent to steal before or at the moment of entry—not afterward—and we’ve successfully defended cases by demonstrating you had permission to be in the location, you entered for legitimate purposes without criminal intent, or you believed property was yours or you had right to take it. Without aggressive representation that challenges property valuations, contests burglary allegations, and pursues Proposition 47 reductions, you risk felony convictions that carry strikes under Three Strikes Law and permanently brand you as a thief in the eyes of employers and landlords.
- Legal Definition: Theft (PC 484-488) is taking someone’s property without permission with intent to permanently deprive them, divided into petty theft (under $950) and grand theft (over $950), while burglary (PC 459) is entering any structure with intent to commit theft or felony, with first-degree burglary involving inhabited dwellings and second-degree involving other structures.
- Why It’s Prosecuted: California aggressively prosecutes theft and burglary to protect property rights, deter repeat offenders who victimize multiple homes and businesses, hold accountable those who violate sanctity of private property, and maintain community safety by addressing property crimes that often escalate to more serious offenses.
- Common Triggers: Shoplifting at downtown SLO retail stores on Higuera Street, residential burglaries in neighborhoods near Cal Poly when forced entry is discovered, vehicle break-ins at downtown parking structures and Cal Poly lots with smashed windows, investigations tracing stolen property through pawn shops or online sales, and surveillance video showing theft from stores or property.
Important: Even if you believe the charges are unfair or based on a misunderstanding, how you respond in the first 48-72 hours can dramatically impact your case outcome. Call +1 (805) 621-7181 now for guidance.
Theft and Burglary Charges We Defend in San Luis Obispo
We defend clients against all theft and burglary-related charges in San Luis Obispo County, Santa Barbara County, and surrounding areas. Here are the most common offenses we handle:
Misdemeanor Theft and Burglary Offenses
- Petty Theft (PC 484/488)
Taking property valued under $950 without permission | Max penalty: 6 months county jail, $1,000 fine, restitution - Shoplifting (PC 459.5)
Entering commercial establishment during business hours with intent to steal property under $950 | Max penalty: 6 months county jail (Proposition 47 misdemeanor) - Second-Degree Commercial Burglary (PC 459)
Entering commercial buildings or businesses with intent to commit theft | Max penalty: 1 year county jail, restitution, probation
Felony Theft and Burglary Charges
- Grand Theft (PC 487)
Taking property valued over $950, or specific items like firearms, vehicles, or property from person | Max penalty: 3 years state prison, substantial restitution - First-Degree Residential Burglary (PC 459)
Entering inhabited dwelling (home, apartment) with intent to commit theft or felony | Max penalty: 6 years state prison, strike under Three Strikes Law - Second-Degree Burglary – Felony (PC 459)
Entering commercial buildings or vehicles with intent to commit theft over $950 or with priors | Max penalty: 3 years state prison
Related Charges Often Filed Together
Prosecutors often stack multiple charges to increase pressure. We frequently see theft and burglary charges combined with:
- Receiving Stolen Property (PC 496) – Possessing property knowing it was stolen or should have known
- Possession of Burglary Tools (PC 466) – Possessing tools commonly used for break-ins with intent to use them
- Vandalism (PC 594) – Damaging property during thefts or burglaries
Additional Theft and Burglary Violations
- Auto Burglary (PC 459/VC 10852) – Breaking into locked vehicles to steal property
- Embezzlement (PC 503) – Fraudulent appropriation of property by someone in position of trust
- Robbery (PC 211) – Taking property from person by force or fear
- Identity Theft (PC 530.5) – Using another person’s identifying information without permission
- Credit Card Fraud (PC 484e-484j) – Unauthorized use of credit cards or account information
- Forgery (PC 470) – Falsifying documents or signatures to obtain property
- Check Fraud (PC 476) – Writing or passing bad checks with intent to defraud
- Theft by False Pretenses (PC 532) – Obtaining property through lies or deception
- Mail Theft (PC 530.5e) – Stealing mail or packages from mailboxes or porches
- Bicycle Theft (PC 484/487) – Stealing bicycles (common near Cal Poly campus)
- Organized Retail Theft (PC 490.4) – Coordinated theft from multiple stores for resale
- Burglary of Coin-Operated Machine (PC 464) – Breaking into vending machines or coin boxes
- Construction Site Burglary (PC 459) – Entering construction sites to steal tools, copper, materials
- Storage Unit Burglary (PC 459) – Breaking into storage facilities to steal contents
- Elder Financial Abuse (PC 368) – Theft or embezzlement targeting elderly victims
Don’t see your charge listed? This list covers the most common theft and burglary offenses, but we defend against all criminal charges in this category. Criminal complaints can be confusing—if you’re unsure what you’re facing, call +1 (805) 621-7181 and we’ll explain your charges in plain English.
What’s at Stake: Consequences of a Theft and Burglary Conviction
A theft and burglary conviction doesn’t just affect you today—it can impact your life for years. Here’s what you could be facing:
Immediate Penalties
- State prison sentences ranging from 2 to 6 years for first-degree residential burglary or grand theft
- Strike under California’s Three Strikes Law for first-degree burglary (doubles future sentences)
- County jail sentences up to 1 year for misdemeanor petty theft or shoplifting
- Substantial restitution orders requiring full repayment for stolen property and damages
- Fines ranging from $1,000 to $10,000 depending on offense severity and property value
Long-Term Consequences
- Strike on record for first-degree burglary meaning any future felony results in doubled sentence (25-to-life on third strike)
- Deportation and permanent inadmissibility for non-citizens with theft and burglary convictions
- Professional license revocation or denial for positions of trust including accountants, real estate agents, financial advisors
- Permanent branding as thief making employment and housing applications nearly impossible
- Ineligibility for Cal Poly admission or continued enrollment for students with theft convictions
- Criminal record affecting employment, housing, loans, professional licenses, and immigration status
⚠️ Time is critical. The earlier we start building your defense, the more options we have to protect your future. Request your free consultation now.
Why Hiring an Attorney for Theft and Burglary Charges Is Essential
Proposition 47 Created Opportunities for Charge Reductions
California’s Proposition 47 reduced many theft and burglary offenses from felonies to misdemeanors when property values are under $950 and circumstances don’t involve violence or certain aggravating factors. However, prosecutors don’t automatically offer these reductions and often charge felonies when evidence clearly supports only misdemeanor shoplifting under PC 459.5. We aggressively pursue Proposition 47 reductions by challenging property valuations through independent appraisals and expert testimony, demonstrating that businesses were open when entry occurred (shoplifting not burglary), proving values were under $950 thresholds, and negotiating with prosecutors who initially overcharge cases. The difference between felony burglary (up to 3 years prison) and misdemeanor shoplifting (6 months jail maximum) is enormous, and our challenges result in charge reductions that avoid felony convictions and protect your future.
First-Degree Burglary Is a Strike That Follows You Forever
First-degree residential burglary is classified as a “strike” under California’s Three Strikes Law, meaning a single conviction permanently alters your criminal record and doubles any future felony sentence—even for non-violent offenses committed decades later. A second strike results in mandatory prison time and double the normal sentence, while a third strike triggers 25-years-to-life in state prison. Additionally, first-degree burglary convictions cannot be expunged under PC 1203.4 in many circumstances, meaning the strike and conviction remain on your record permanently affecting employment and housing for life. Without an attorney who can negotiate charge reductions from first-degree to second-degree burglary, challenge the prosecution’s evidence of intent at entry, or win acquittals at trial, you risk carrying a strike conviction that guarantees prison time if you’re ever arrested again and permanently brands you as a home invader.
Many Theft Cases Involve Misunderstandings About Property Rights
We’ve represented numerous San Luis Obispo residents and Cal Poly students who were charged with theft when they honestly believed they had permission to take property, thought items were abandoned or belonged to them, or made mistakes about ownership during disputes with roommates, landlords, or former partners. California theft law requires prosecutors to prove specific intent to permanently deprive the owner—if you believed property was yours, planned to return it, or had permission to take it, you cannot be convicted of theft. We successfully defend these cases by presenting evidence of permission or ownership claims, demonstrating misunderstandings about property rights, proving intent to return property temporarily not steal permanently, and exposing situations where alleged victims fabricated theft claims during civil disputes. Without an attorney who investigates the full circumstances and presents evidence of your honest belief about property rights, you risk being convicted based on one-sided accusations when no criminal intent existed.
Local Experience Makes the Difference
Theft and burglary prosecutions in San Luis Obispo County Superior Court require understanding how local prosecutors distinguish between first-degree and second-degree burglary, which judges grant Proposition 47 motions for charge reductions, and how San Luis Obispo juries evaluate intent evidence in theft and burglary trials. The San Luis Obispo County District Attorney’s Office prosecutes residential burglaries extremely seriously but may negotiate reductions when intent evidence is weak or defendants had colorable claims to property. We know these prosecutors personally, have successfully negotiated countless theft and burglary cases in the courthouse located downtown, and understand that many San Luis Obispo residents and Cal Poly students facing charges made mistakes or had misunderstandings about property rights—not career criminals who deserve strikes and prison sentences. We also understand the unique dynamics of San Luis Obispo including retail theft issues on Higuera Street, vehicle burglaries at downtown parking structures and Cal Poly lots, and bicycle theft problems near campus.
How Central Coast Criminal Defense Fights Theft and Burglary Charges
Since 2010, we’ve defended San Luis Obispo residents against theft and burglary charges with a proven, client-first approach:
- Immediate Case Assessment
We immediately review police reports, witness statements, and property valuations to identify Proposition 47 eligibility for charge reductions to misdemeanor shoplifting, lack of intent to commit theft or felony at time of entry for burglary charges, legitimate claims to property or permission to take items, mistaken identity or lack of evidence linking you to theft or burglary, and property valuation issues where amounts are under felony thresholds. - Aggressive Defense Strategy
We challenge prosecutors by pursuing Proposition 47 reductions through property valuation challenges and evidence that businesses were open, demonstrating you entered for legitimate purposes without criminal intent for burglary charges, proving you believed property was yours or had permission to take it negating theft intent, establishing mistaken identity or lack of physical evidence linking you to crimes, and presenting alternative explanations for possession of property or presence at locations. - Evidence Investigation
We obtain surveillance video from downtown SLO stores, parking structures, and businesses showing what actually occurred, interview witnesses who can testify to your permission to be in locations or take property, gather independent property appraisals showing values under felony thresholds, document your relationship to property or locations establishing legitimate presence, and investigate whether others had access to locations or could have committed thefts. - Skilled Negotiation
We work with San Luis Obispo County prosecutors to negotiate charge reductions from first-degree to second-degree burglary avoiding strikes, secure Proposition 47 reductions to misdemeanor shoplifting or petty theft when applicable, reduce felony charges to misdemeanor trespass when burglary evidence is weak, obtain civil compromises where victims agree to dismiss charges after restitution, and structure diversion programs for first-time offenders including Cal Poly students that result in dismissals. - Trial-Ready Advocacy
When prosecutors refuse reasonable resolutions, we take theft and burglary cases to trial in San Luis Obispo County Superior Court, cross-examining witnesses on lack of evidence of intent at time of entry for burglary charges, presenting defense witnesses testifying to permission and legitimate reasons for presence or taking property, challenging identification evidence and circumstantial evidence linking you to crimes, attacking property valuations through expert testimony showing amounts under felony thresholds, and arguing reasonable doubt based on alternative explanations and lack of criminal intent. - Personal Attention
We understand that theft and burglary charges often involve misunderstandings about property rights, situations where Cal Poly students made poor decisions, or circumstances where people made mistakes without criminal intent—we fight aggressively for outcomes that avoid strike convictions, reduce felonies to misdemeanors, and protect your future including educational opportunities and career prospects.
Our theft and burglary defense practice is built on successfully defending San Luis Obispo residents and Cal Poly students against shoplifting, petty theft, grand theft, and burglary charges. We’ve secured dismissals by demonstrating lack of intent and legitimate reasons for taking property, obtained charge reductions from first-degree to second-degree burglary avoiding strikes, negotiated Proposition 47 reductions from felony burglary to misdemeanor shoplifting saving clients from prison sentences, won acquittals at trial by proving permission and lack of criminal intent, and achieved civil compromises and diversion programs for first-time offenders that resulted in complete dismissals. We understand that many clients facing theft and burglary charges made mistakes, had misunderstandings about property rights, or are Cal Poly students whose futures would be destroyed by felony convictions—not career criminals who deserve strikes and years in prison.
When theft and burglary charges threaten your freedom, reputation, and future, you need more than just legal representation—you need an advocate who knows San Luis Obispo courts inside and out. That’s exactly what you get with Central Coast Criminal Defense.
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