Facing a theft charge can be overwhelming, especially when the difference between misdemeanor and felony comes down to the dollar amount. Many people ask how much theft is a felony in California, and the answer is more complex than quoting a number. Generally, when the value of stolen property exceeds $950, the law treats the offense as a felony.
State leaders clarified that theft tied to organized retail or ‘smash and grab’ incidents can trigger felony charges, even when the value is disputed. This also includes situations where someone possesses more than $950 worth of stolen goods, intending to resell them.
At Scott Henry: Criminal & DUI Defense, we know how a felony theft accusation in Orange County can change someone’s life, so it’s essential to connect with an Orange County criminal defense lawyer immediately.
Is Theft Under $950 Ever a Felony in California?
Yes, theft under $950 can still be charged as a felony in certain circumstances. California’s laws carve out exceptions for specific property, repeat offenders, or theft involving aggravating factors. For example, stealing a firearm, vehicle, or livestock is automatically treated as grand theft, regardless of value. Someone with prior serious theft convictions may also face felony charges even if the new offense involves less than $950 in goods.
Prosecutors also have leeway to aggregate amounts from different incidents across counties to push the value past the felony threshold. According to the Governor’s Office, California is now imposing stricter penalties for organized retail theft and resale schemes involving more than $950 in stolen property.
This means a shoplifting case that looks like petty theft can escalate if tied to other conduct. The bottom line is that the $950 rule is not an absolute shield, and courts in Orange County often examine context and criminal history before filing charges.
Theft Degrees Explained Under California Law
California divides theft into two degrees: grand theft and petty theft. According to California Penal Code §486, grand theft applies when the value exceeds $950 or involves specific property, while petty theft covers lesser amounts. Grand theft is typically treated as a “wobbler,” which means prosecutors can file it as either a misdemeanor or a felony depending on the facts and the defendant’s record.
Petty theft, by contrast, is usually a misdemeanor but can be elevated when tied to prior theft convictions or other enhancements. People often ask how much theft is a felony in California, and this statute provides the dividing line between felony grand theft and petty theft. Understanding this distinction is key for anyone facing charges, because it determines the range of potential penalties and the severity of the case.
Felony Theft Consequences Under California Law
A felony theft conviction carries life-changing penalties. In California, felony grand theft can result in up to three years in state prison, significant fines, and formal probation. Beyond sentencing, collateral consequences are severe. Key consequences of felony theft include:
- Up to three years in state prison.
- Court fines and restitution.
- Formal probation with mandatory conditions.
- Loss of professional licenses and career opportunities.
- Immigration complications, including possible removal proceedings.
- Difficulties securing housing or financial aid.
Those wondering how much theft is a felony in California often don’t realize the consequences go beyond sentencing. Orange County prosecutors pursue enhancements in organized retail theft or repeat cases, raising the risk of longer custody.
In 2025, state leaders emphasized cracking down on large-scale retail crime with stricter penalties for those caught reselling stolen property worth more than $950. A single incident tied to organized activity may trigger felony charges, even if it seemed minor.
The Most Common Theft Offenses in California
Theft charges in California cover a broad spectrum, but several offenses come up most often in Orange County:
- Shoplifting: Taking merchandise from a store without paying, usually treated as petty theft unless enhanced.
- Grand theft auto: Stealing or attempting to steal a vehicle is automatically treated as grand theft.
- Burglary: Entering a structure intending to commit theft, often charged separately and sometimes alongside grand theft.
- Fraud-related theft: Using deception or false identity to obtain property or money can escalate to felony charges.
- Embezzlement: Misappropriating money or property entrusted by an employer, often prosecuted aggressively due to the victim’s impact.
In practice, when clients ask us how much theft is a felony in California, the answer depends on whether the offense fits into one of these categories and whether aggravating factors are present. Each charge has its own penalties and defenses, but all share the same line: whether the facts push it into felony territory.
What to Do Immediately After a Theft Charge
Acting quickly after a theft arrest makes a huge difference. The first step is not speaking to law enforcement without legal representation. Early statements often become the strongest evidence for prosecutors. The next move is hiring a defense lawyer who understands the statutes and how local Orange County courts approach theft cases. Here are immediate steps to protect yourself:
- Do not speak with law enforcement without an attorney present.
- Contact an experienced defense lawyer as soon as possible.
- Preserve receipts, communications, or surveillance evidence that could help.
- Avoid discussing the case on social media or with friends and coworkers.
Our team often begins with a pre-filing intervention to persuade prosecutors to file lesser charges or avoid filing. Building defenses early, such as mistaken identity, lack of intent, or rightful ownership claims, improves the odds of reducing charges or winning outright dismissals. Because theft cases often involve surveillance footage, receipts, or records, time is critical to preserve evidence.
Contact the Law Office of Scott Henry in Orange County for a Free Consultation
The difference between misdemeanor and felony theft may come down to a few details, but those details determine your future. If you are facing questions about how much theft is a felony in California or already have charges pending in Orange County, the right defense strategy can shift the outcome.
At Scott Henry: Criminal & DUI Defense, our team has successfully defended clients against theft accusations by challenging evidence, highlighting weaknesses in prosecution theories, and pushing for charge reductions. Do not leave your future to chance. Call us at 714-294-0599 to speak with an experienced attorney who can fight theft charges in Orange County.
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