California Theft Laws (2026): What Actually Gets You in Trouble

Most people think they understand theft. It’s simple, right? You take something that isn’t yours. But here’s the thing: California’s theft laws are way more complicated than you’d think. And the penalties? They can be serious.

Trust me, you need to know this. Whether you’re curious about the law or you’ve made a mistake, understanding what counts as theft in California is crucial. Let’s break down exactly what you need to know.

What Is Theft in California?

Okay, here’s where it gets interesting. In California, theft basically means taking someone else’s property with the intention to keep it. So simple! But wait—there’s more to it than that.

Theft in California covers a bunch of different situations. It’s not just about shoplifting or stealing from a store. You can commit theft by taking someone’s wallet, hacking into their account for money, or even borrowing something and never returning it with the intent to keep it. The law is pretty broad.

Basic California Theft Laws

Larceny (The Most Common Type)

Larceny is what most people think of when they hear “theft.” It’s when you take someone else’s property without permission. Pretty straightforward, right? But here’s the catch: it doesn’t matter if you planned it or did it on impulse. The crime is the same.

California law says you’re committing larceny if you knowingly take property that belongs to someone else and move it, even slightly. You don’t need to move it far. You don’t need to keep it forever. You just need to take it with the intent to deprive the owner of it.

Petty Theft vs. Grand Theft

Not sure what counts as petty versus grand? Let me break it down. The difference comes down to value. That’s literally it.

Petty theft involves property worth $950 or less. Grand theft involves property worth more than $950. California changed this in 2014, raising it from $500. This is a huge deal because it changes the penalties significantly.

Hold on, this part is important. Just because the property is worth $950 or less doesn’t mean you’re automatically in the clear. There are other factors. If you steal directly from a person, it’s grand theft no matter the value. If you steal a car, it’s grand theft no matter the value. Same with firearms. The value rule doesn’t always apply.

Penalties for Petty Theft

Here’s where things get real. If you’re convicted of petty theft in California, you could face serious consequences.

For petty theft (items worth $950 or less), you might get up to six months in county jail. You could also face fines up to $1,000. But here’s the thing: judges have flexibility. You might get probation instead of jail time. You might get counseling or community service. It depends on the situation.

A first offense for petty theft might be treated more lightly than a third or fourth offense. Judges consider your history. They consider whether you have a job. They consider whether you were stealing food because you were hungry or stealing for profit.

Penalties for Grand Theft

Now things get more serious. Grand theft carries bigger consequences.

If you’re convicted of grand theft, you could face 16 months to three years in state prison. Fines can go up to $10,000. And here’s where it gets worse: a conviction goes on your permanent record. This affects jobs, housing, loans, everything.

The specific sentence depends on what you stole. Stealing a car often brings harsher penalties than stealing jewelry. Stealing from elderly people or disabled people brings harsher penalties too.

Theft from a Person (Robbery’s Cousin)

Wondering if there’s a difference between theft from a person and robbery? Actually, yes. This one’s important.

Theft directly from a person—like pickpocketing someone’s wallet or snatching their phone—is considered grand theft no matter how much the item is worth. Even if the wallet has five dollars in it, it’s grand theft because you took it directly from the person.

This is separate from robbery. Robbery involves force or fear. If you push someone down and take their purse, that’s robbery, not theft. Robbery carries much harsher penalties.

Shoplifting (A Specific Type of Petty Theft)

Let’s talk about shoplifting because it’s super common. In California, shoplifting is basically petty theft committed in a store.

You’re shoplifting if you take merchandise from a store without paying for it. That includes trying to leave with unpaid items. It includes removing security tags. It includes switching price tags to pay less.

Shoplifting charges can result in arrest right there in the store. Stores have security cameras. They have loss prevention teams. They will catch you. And once you’re caught, you’re looking at the same penalties as regular petty theft.

Organized Retail Theft

Okay, pause. Read this carefully. California now has specific laws targeting organized retail theft. This is when groups work together to steal from stores for profit.

If you’re part of a group stealing to resell items, the penalties are harsher. Police take this seriously because it costs retailers millions of dollars. You could face additional charges beyond just theft.

Penalties and Consequences

Let’s talk about what actually happens when you’re convicted. It’s not just jail or fines.

A theft conviction shows up on your permanent criminal record. This affects everything. Jobs? Many employers do background checks and won’t hire you. Apartments? Many landlords check criminal history. College? Some schools ask about convictions. Professional licenses? Goodbye. Loans? Banks take this seriously.

There’s also restitution. You have to pay back the person you stole from. If you stole a $5,000 phone, you’re paying that back. If you stole items worth $10,000, you’re paying that back. This can take years.

And there are collateral consequences too. You might lose your driver’s license. You might not be eligible for certain government benefits. If you’re not a citizen, theft conviction can lead to deportation.

Special Circumstances and Recent Changes

California law changed significantly in recent years. And honestly, that’s good to know because these changes affect you.

In 2014, California raised the petty theft threshold from $500 to $950 (adjusted for inflation). This means thousands fewer cases are being prosecuted as grand theft. More people are facing petty theft charges instead.

In recent years, California also increased penalties for organized retail theft. If you’re stealing as part of a group operation to resell items, you’re looking at additional charges.

There’s also something called the “shoplifting ban.” Stores can refuse service to you if you’ve shoplifted before. That’s legal. And loss prevention is getting smarter with technology.

First-Time Offender Programs

Here’s something encouraging. If this is your first offense, you might qualify for programs that keep the conviction off your record.

California offers diversion programs for first-time offenders. You might do community service, complete counseling, or make restitution. If you complete the program, the charges can be dismissed. This keeps a criminal record off your permanent file.

You’re not alone if this is your situation. Many people make mistakes. Courts recognize this and offer second chances for qualifying offenders.

How to Stay Compliant and Protect Yourself

Obviously, the best way to avoid theft charges is not to steal. But let’s talk practically about how to stay safe and out of trouble.

Don’t take anything that isn’t yours without permission. That sounds obvious, but people often cross the line without realizing it. Borrowing something and forgetting to return it? Get permission first. Taking office supplies from work? Ask first. Downloading music or movies illegally? That’s theft too.

If you’re in a store, pay for what you take. Use the register. Don’t hide items in your bag. Don’t remove price tags. Don’t switch prices. Stores have cameras and trained staff watching. Security is everywhere now.

If you find something, turn it in to an employee or police. You’re not keeping it. The owner might come back looking for it. Turning it in is the right move.

Stay away from people who are stealing. Seriously. If you’re with someone who shoplifts or steals and you don’t report it, you could be charged as an accomplice. You could face the same penalties as the actual thief.

How to Report Theft

If you’ve been a victim of theft, here’s what you should do.

First, contact the police. File a report. Get a report number. This is important for insurance claims and legal purposes. Be specific about what was taken, when it happened, and where.

If the theft happened in a store, tell a manager or employee too. They might review security footage. They might help identify the person.

Keep documentation. Save receipts for stolen items. Take photos of damage. Keep emails or messages related to the theft. All of this helps prove your case.

For larger thefts or organized retail theft, contact the local police department’s property crimes unit. They specialize in these cases.

Frequently Asked Questions

Is it theft if I borrow something and forget to return it? Technically, no—unless you intended to keep it when you borrowed it. Accidentally forgetting is different from intentionally keeping someone else’s property. But to be safe, ask permission and return things promptly.

Can I get in trouble for downloading movies illegally? Yes. Illegal downloading is copyright theft. It’s a federal crime. You could face both criminal and civil penalties, including fines up to $150,000 per work infringed.

What if someone accuses me of theft but I didn’t do it? Get a lawyer immediately. Don’t talk to police without one. Don’t try to convince them yourself. Let your lawyer handle it. Many innocent people accidentally incriminate themselves by trying to explain.

Does a theft conviction go away after a certain time? In California, you can petition to have a theft conviction dismissed under Penal Code section 1203.4. For many first-time offenders, this happens after probation ends. But the conviction doesn’t automatically disappear.

What if I was just going to the bathroom and left stuff on my table—is it theft if someone takes it? No, but that situation is tricky. If you left it unattended in a public place and someone took it, that’s theft on their part. You probably won’t get your stuff back though. In private places with clear ownership, it’s also theft. Don’t leave valuables unattended anywhere.

Final Thoughts

Now you know the basics of California theft laws. Theft is serious. The penalties are real. Consequences go way beyond just jail time or fines—they affect your job, your housing, your future.

The takeaway? Don’t steal. Simple as that. If you’re facing charges, get a lawyer. If you’ve made a mistake, know that programs exist to help first-time offenders. If you’ve been a victim, report it immediately.

Stay informed, stay safe, and when in doubt about the law, look it up or talk to a lawyer. Your future self will thank you.

References

• California Penal Code Section 484 (Theft Law) – https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=484
• California Courts: Criminal Charges and Penalties – https://www.courts.ca.gov/
• California Department of Justice: Criminal Records Information – https://oag.ca.gov/
• Proposition 47 (2014 Criminal Law Changes) – https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB567
• California Legal Aid: Theft Crimes Information – https://www.lawhelp.org/