The theft related statutes are quite complex. However, to simplify, allow me to generalize, as long as you bear in mind that not all cases will fit into these generalizations.
Theft is either grand theft or petty theft. The two crimes are punished quite differently.
Grand theft (as of January 1, 2011) is theft committed when the money, labor, or real or personal property taken is of a value exceeding $950.00 (raised from $400.00). If the value is $950,00 or less, the crime is petty theft.
Grand theft is punishable as follows:
Petty theft is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both.
When the value of property alleged to have been taken by theft must be determined, the reasonable and fair market value at the time and in the locality of the theft shall be the test. Fair market value is the highest price, in cash, for which the property would have sold in the open market at that time and in that locality, (1) if the owner was desirous of selling, but under no urgent necessity to do so; (2) if the buyer was desirous of buying but under no urgent necessity to do so; (3) if the seller had a reasonable time within which to find a purchaser; and (4) if the buyer had knowledge of the character of the property and of the uses to which it might be put.
Owner's Opinion of Value
No Market in Locality of Theft:
(a) Notwithstanding Section 490, every person who, having been convicted three or more times of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496 and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of petty theft, then the person convicted of that subsequent offense is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.
(b) Notwithstanding Section 490, any person described in paragraph (1) who, having been convicted of petty theft, grand theft, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.
1. This subdivision shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
2. This subdivision shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.
If you are not a citizen of the United States, conviction may result it deportation, denial of re-entry etc. The Ninth Circuit of the U.S. Court of Appeals has stated theft theft was crime of moral turpitude, and every Circuit to address the question, as well as the Board of Immigration Appeals (BIA), had concluded petty theft was crime of moral turpitude.
If you are convicted of Grand Theft as a felony, you will suffer all the collateral consequences described in my Felony page
As you can see above, the collateral consequences of conviction are quite serious. As with all criminal charges, some individual cases are more defensible than others, depending on the strength of the evidence. It is crucial to have a lawyer on your side who can analyze the evidence and spot potential defenses. You need a lawyer with whom you can envision going to trial whether you actually do so or not. If you chose not to go to trial, because you would rather enter into a plea agreement, you need a strong credible attorney to get you the best deal you can get, and to clearly explain its terms to you.
Call Mr. Varga for a free consultation.