Theft Charges in California – Petty Theft vs. Grand Theft

The Legal Distinction: Petty Theft vs. Grand Theft

In simple terms, theft—legally referred to as “Theft” or “Larceny”—is categorized based on the value of the stolen property.

• Petty Theft typically involves stolen items valued at less than $950.

• Grand Theft involves property valued at $950 or more, even if the amount exceeds that threshold by just one dollar.

Many people assume Grand Theft involves thousands or tens of thousands of dollars. However, in California, any theft over $950 can be charged as Grand Theft—regardless of whether the item was worth $1,000 or $100,000.

What Is a “Wobbler” Offense?

An important legal nuance with Grand Theft is that it is considered a “Wobbler” offense under California law.

A “Wobbler” means the prosecutor has the discretion to file the charge as either a felony or a misdemeanor, depending on:

• The specific facts of the case,

• The defendant’s criminal history,

• And sometimes the attitude and negotiation skills of the defense attorney.

In some cases, individuals initially charged with felony Grand Theft have successfully had their charges reduced to misdemeanors through effective legal representation.

Don’t Assume a Conviction is Inevitable – Even for Petty Theft

Many clients come to our office after being arrested for Petty Theft, often believing there’s nothing they can do:

“It’s all on camera. I’m obviously guilty. There’s no defense.”

However, you should never assume your case will result in a conviction.

While we cannot guarantee any particular outcome, our office has handled numerous theft cases—particularly Petty Theft charges—where clients were able to avoid a criminal conviction through negotiation, diversion programs, or by asserting viable defenses.

Why You Should Consult a Criminal Defense Attorney

If you are arrested or cited for theft—whether Petty Theft or Grand Theft—it is absolutely in your best interest to consult a qualified criminal defense attorney. A conviction, even for a seemingly minor theft offense, can leave a permanent mark on your record, affecting future employment, immigration, and more.

Let a skilled attorney evaluate your options and help you navigate the legal process with the best chance of protecting your record.