What are the elements of theft in California?

Theft (also called larceny) is a crime against property in California. To prove theft, a prosecutor must establish the defendant’s intent to permanently take or withhold the property owner’s possession or right to the property — in other words, the specific intent to steal.

What is the difference between theft and felony theft?

If the value is estimated to be $1000 or more, you are more likely to face a felony offense. Anything less than that is charged as a misdemeanor offense. While cases of low value are ordinarily treated as a misdemeanor, such thefts can be charged as felonies if the stolen property is a firearm or domestic animal.

How much can you shoplift before its a felony?

Generally, a felony shoplifting charge involves monetary amounts ranging from $500 to $1,000. Thus, an individual who is charged with taking $100 of merchandise will likely be charged with misdemeanor shoplifting. Another person charged with take $501 worth of merchandise will likely be charged with felony shoplifting.

What is the jail time for felony theft?

As a felony it is punishable by 16 months, two years, or three years in county jail. Theft and unlawful taking is also a wobbler , punishable by one year, 16 months, two years, or three years in jail, and by a fine of up to $5,000.

What constitutes felony embezzlement in California?

The embezzlement of a firearm is always a felony under California criminal law. In other embezzlement cases, per California Penal Code 503, the crime is a form of California grand theft and may be charged as a felony if the embezzled property is: an automobile, or. property worth more than $950.

What are the consequences of petty theft in California?

The Consequences of California’s “Petty Theft” (Penal Code 484) Petty theft is considered a misdemeanor under California law. The maximum penalties for most first‐time petty theft convictions include: ­A fine of up to one thousand dollars ($1,000) ­ Up to six (6) months in county jail ­. Both a fine and jail time.

Is theft from a person a felony?

If the manner of theft includes a violent element such as ripping a purse from the hands of a woman, it will be a felony. States such as Missouri and Alaska state explicitly that physically taking property from a person is a felony.