Grand Theft, Petty Theft, and Shoplifting

The difference between petty theft and grand theft in the State of California depends on the value of the stolen merchandise. Generally, when someone steals something valued at or below $950 it is charged as a misdemeanor-level petty theft crime. When the cost is over $950, grand theft (which can be charged as either a misdemeanor or a felony) is usually charged.

When it comes to theft crimes in California, they all have similar elements:

  • Property existed owned by someone else
  • The suspect took that property
  • The suspect did not have permission to take it
  • The suspect took the property intending to deprive the owner of its use permanently

The penalties for the crimes also differ. For example, the penalties for misdemeanor-level petty theft includes up to 6 months in county jail and/or up to $1,000 in fines. First-time offenders are frequently sentenced to lighter punishments on the lower end of the scale, while repeat offenders often face jail time and higher fines. However, this is not always the case and anyone convicted of petty theft potentially faces the maximum sentence.

Penalties for grand theft include 1 to 3 years in jail (more if the individual has a previous conviction of a serious or violent felony). Additionally, if the value of the property was over $65,000, the defendant faces additional time in state prison on top of the penalty for grand theft.

What About Shoplifting?

Shoplifting is it’s own crime, and it is a form of petty theft. For someone to be charged with shoplifting, they must enter a business during regular business hours with the intention of stealing something worth $950 or less.

Like petty theft, the potential penalties for shoplifting include up to 6 months in county jail and/or a fine of up to $1,000. However, it is also possible to be sentenced to probation or a crime diversion program in lieu of jail time.