Accused of Theft? Your Reputation is on the Line. Call Now.

Our team has successfully defended numerous theft cases in San Diego, from shoplifting to grand theft. We'll work to minimize the impact on your record and future opportunities.

San Diego Theft Defense

If you’ve been charged with theft in San Diego, your freedom, reputation, and future opportunities are at stake. Theft charges can range from minor shoplifting allegations to serious felony offenses carrying years in prison. At David P. Shapiro Criminal Defense Attorneys, we provide strategic, effective representation for clients facing all types of theft charges throughout San Diego County.

Theft Charges in California

California law categorizes theft offenses based on the value of the property allegedly stolen and the circumstances of the taking. Common theft charges include:

Petty Theft (Penal Code § 484/488)

Petty theft involves stealing property valued at $950 or less. While classified as a misdemeanor, this charge still carries serious consequences:

• Up to 6 months in county jail
• Fines up to $1,000
• Probation
• Restitution to victims
• A criminal record that can affect employment opportunities

Grand Theft (Penal Code § 487)

When the value of stolen property exceeds $950, prosecutors can charge you with grand theft, which may be filed as either a misdemeanor or felony depending on:

• Your criminal history
• The exact value of property taken
• The type of property (firearms and vehicles often trigger automatic felony charges)
• Whether force or fear was used

Felony grand theft penalties can include:

• 16 months, 2 years, or 3 years in county jail
• Fines up to $10,000
• Formal probation
• Restitution

Burglary (Penal Code § 459)

Entering a structure with the intent to commit theft or any felony inside constitutes burglary. Second-degree burglary (commercial burglary) is a wobbler offense that can be charged as either a misdemeanor or felony.

Shoplifting (Penal Code § 459.5)

Since the passage of Proposition 47, entering a commercial establishment during regular business hours with the intent to steal property worth $950 or less is charged as shoplifting, a misdemeanor.

Robbery (Penal Code § 211)

Theft accomplished through force or fear is robbery, a serious felony that counts as a strike under California’s Three Strikes Law. Robbery convictions can result in:

• 2-9 years in state prison (depending on circumstances)
• Strike on your record
• Lifetime firearm prohibition
• Devastating collateral consequences

Identity Theft (Penal Code § 530.5)

Using another person’s personal identifying information for unlawful purposes is identity theft, which can be charged as either a misdemeanor or felony.

Receiving Stolen Property (Penal Code § 496)

Knowingly buying, receiving, concealing, or selling property that has been obtained through theft is a separate crime that can be charged as a misdemeanor or felony.

White Collar Theft

Theft charges may extend into the realm of white collar (financial) crimes as well, such as embezzlement, identity theft, and bank fraud.

Extortion

It may sound like something out of the movies, but extortion charges are more common than you may think. Extortion (“blackmail”) charges may result from any situation where one party demands a form of payment from another for keeping information confidential (for example, a student threatening to expose another student’s sexuality in exchange for cash payment). Irrespective of the dollar amount involved, extortion will be charged as a felony offense.

Maximize your chances for a dismissal, or at least a reduction in charges, by retaining the best, locally experienced, defense attorney possible.

Strategic Defense Approaches for Theft Charges

Every theft case demands a carefully tailored defense strategy based on the specific facts, evidence, and circumstances. Our approach includes:

Thorough Investigation

We conduct a comprehensive investigation into the allegations, including:

• Analyzing surveillance footage
• Interviewing witnesses
• Reviewing loss prevention reports
• Examining police procedures
• Scrutinizing evidence handling

Challenging Evidence and Intent

Theft crimes require prosecutors to prove you had specific intent to permanently deprive the owner of their property. We identify weaknesses in the prosecution’s case regarding:

• Identity (proving you were the person who committed the theft)
• Intent (showing you didn’t intend to steal)
• Value of property (contesting the claimed value to reduce charges)
• Ownership (questioning whether the property belonged to the alleged victim)

Negotiating Alternative Resolutions

For first-time offenders, we often negotiate alternatives to traditional prosecution:

• Diversion programs
• Civil compromise
• Reduced charges
• Deferred entry of judgment
• Restitution agreements that avoid conviction

Protecting Your Rights and Future

Beyond fighting the immediate charges, we focus on protecting your long-term interests:

• Minimizing collateral consequences
• Preserving professional licenses when applicable
• Addressing immigration concerns for non-citizens
• Pursuing expungement options after case resolution

Why Theft Charges Demand Experienced Representation

The consequences of theft convictions extend far beyond court-imposed penalties:

Employment Impact

Most employers conduct background checks, and theft convictions raise immediate red flags about trustworthiness, especially for positions involving:

• Financial responsibilities
• Customer property
• Access to sensitive information
• Security clearances

Professional Licensing Issues

Many professional licenses can be denied or revoked based on theft convictions, including those for:

• Insurance agents
• Real estate professionals
• Financial advisors
• Healthcare workers
• Security personnel

Housing Challenges

Landlords frequently reject applicants with theft convictions, viewing them as potential risks to property and other tenants.

Immigration Consequences

For non-citizens, theft convictions may be considered crimes involving moral turpitude, potentially leading to:

• Deportation
  Inadmissibility
  Denial of naturalization
  Removal proceedings

Punishments and Penalties for Theft Crimes

Assuming you are convicted of a theft offense, the punishment will range from probation with no jail time all the way to years in state prison. A lot will depend on the amount of loss in question, if restitution has (or can) be paid, your prior criminal history, and the quality of representation you hired.

Misdemeanor Offenses

Thefts charged as misdemeanors (generally due to the amount or value in question, or the type of theft crime) may carry jail time, fines, and probation. For example, petty theft charges may result in up to six (6) months in jail and a fine up to $1,000.00. Receiving stolen property, as a misdemeanor, may result in a jail term twice as long – up to twelve (12) months.

Felony theft charges

Felony charges carry penalties more severe than misdemeanor charges. If convicted of a felony theft in the State of California, you may face years in prison, parole conditions, and heavy fines. Your best move when facing felony theft charges is not to delay your defense any further by contacting a top-notch criminal defense law firm to represent you.

Everything You Need to Know About Theft Charges

We’ve compiled this guide to help those facing theft charges in San Diego, and are offering it as a free download to help those facing this unique legal challenge. We encourage you to review this guide and call us for a case evaluation.

Download Now

Contact a San Diego Theft Crimes Defense Attorney Today

If you’re facing theft charges in San Diego or Chula Vista, don’t wait to seek legal representation. Early intervention by an experienced defense attorney can significantly impact the outcome of your case.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.