Theft crimes in California range from simple shoplifting to complex organized retail operations. Prosecutors consider not just the value of stolen goods, but also factors like victim vulnerability, prior convictions, and organized crime involvement.

Recent reforms such as Proposition 36 have changed how theft crimes are charged, particularly for repeat offenders. While diversion programs may still be available for first-time or low-level defendants, California’s broader trend is toward harsher penalties and accountability for repeat theft offenses.

If you are accused of theft, the consequences can be severe: jail or prison, heavy fines, restitution, probation, and lasting damage to your record. Understanding the Penal Codes and how prosecutors build these cases is critical to defending yourself.

• Value of Property: Charges escalate when goods exceed statutory thresholds.
   
• Victim Factors: Stealing from elders or vulnerable victims (PC 368) triggers enhanced penalties.
   
• Prior Convictions: Repeat offenders face felony upgrades under Proposition 36.
   
• Organized Crime: Prosecutors treat retail theft rings with aggressive felony charges.
   

What Is Carjacking? (PC 215)

PC 215 defines carjacking as:

1. Taking a motor vehicle.
2. From another person’s immediate presence.
3. Against their will.
4. By means of force or fear.
5. With intent to deprive them of possession, even temporarily.

Key points:

• Victim does not need to own the car; possessing it at the time is enough.
• Taking can be temporary — permanent theft not required.
• Force or fear element makes it distinct from auto theft.

Examples of Carjacking

• Forcing a driver out of their vehicle at gunpoint.
• Threatening a rideshare driver to surrender their car.
• Pulling a driver from a stopped vehicle through intimidation.
• Taking a car occupied by passengers through force.

Penalties for Carjacking (PC 215)

Carjacking is always a felony.

• State prison: 3, 5, or 9 years.
• Strike offense: Counts under California’s Three Strikes Law.
• Sentence enhancements:
   
  • Great bodily injury (PC 12022.7): +3–6 years.
  • Use of firearm (PC 12022.53): 10–25 years or life.
  • Gang enhancement (PC 186.22): Additional prison time.
• Multiple victims: Each victim may count as a separate charge, even if only one vehicle taken.

Collateral Consequences

• Felony record: Impacts employment, housing, and licensing.
• Immigration issues: Carjacking is both a violent felony and a crime involving moral turpitude.
• Restitution orders: Courts often require repayment to victims.
• Civil lawsuits: Victims may sue for damages.

• Defines theft broadly as taking someone else’s property with intent to permanently deprive them of it.
   
• Petty theft generally applies to property worth less than $950.
   
• Penalty: Misdemeanor → up to 6 months in county jail and $1,000 fine.
   

• Codifies petty theft where stolen goods are valued under $950.
   
• Penalty: Usually a misdemeanor.
   
• Proposition 36 Impact: If the defendant has prior theft convictions, prosecutors may elevate a new petty theft to a felony, with up to 3 years in county jail.
   

• Applies when property value is $950 or more.
   
• Can also apply regardless of value if property is:
   
  • Taken directly from a person (e.g., pickpocketing),
     
  • A firearm, or
     
  • An automobile.
     
• Penalty: Wobbler → may be filed as a misdemeanor or felony. Felony conviction can carry up to 3 years in county jail.
  

What Is Receiving Stolen Property? (PC 496)

PC 496 makes it a crime to:

• Buy, receive, sell, conceal, or withhold property from its rightful owner.
• Knowing that the property was stolen.

Key points:

• Prosecution must prove defendant knew or reasonably should have known the property was stolen.
• Applies to both tangible items (electronics, jewelry, vehicles) and intangible property (credit card data, access codes).

Examples of PC 496

• Buying a laptop at a suspiciously low price with serial numbers removed.
• Accepting jewelry from someone known to be involved in burglaries.
• Selling goods obtained through theft rings.
• Hiding property stolen by a friend or relative.

Penalties for Receiving Stolen Property (PC 496)

PC 496 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony.

Misdemeanor penalties:

• Up to 1 year in county jail.
• Fines up to $1,000.

Felony penalties:

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

PC 591 — Damaging or Cutting Utility Lines

Definition: PC 591 makes it a crime to cut, obstruct, or damage utility lines, including phone, cable, and electrical lines.

Examples:

• Cutting a neighbor’s phone line before committing burglary.
• Disabling electrical service to a property during a dispute.

Penalties:

• Wobbler (misdemeanor or felony).
• Misdemeanor: Up to 1 year in county jail.
• Felony: 16 months, 2, or 3 years in prison.

PC 498 — Theft of Utility Services

Definition: PC 498 criminalizes diverting or tampering with utility services like electricity, gas, or water.

Examples:

• Illegally tapping into an electrical line.
• Using bypass devices to avoid water or gas meters.

Penalties:

• Depends on the value of stolen utilities.
• Under $950: Misdemeanor petty theft.
• Over $950: Felony grand theft (up to 3 years).

PC 593 — Interfering with Electric Lines

Definition: PC 593 prohibits maliciously interfering with electrical lines, equipment, or facilities.

Examples:

• Tampering with power lines to disrupt service.
• Damaging transformers or substations.

Penalties:

• Felony.
• 16 months, 2, or 3 years in prison.
• Significant fines and restitution.

PC 594 — Vandalism

Definition: PC 594 makes it illegal to maliciously damage, destroy, or deface property with graffiti or other means.

Examples:

• Spray-painting graffiti on walls.
• Smashing windows of a vehicle.
• Defacing public monuments.

Penalties:

• Under $400 in damage: Misdemeanor (up to 1 year in jail).
• Over $400 in damage: Felony (up to 3 years in prison).
• Restitution to property owners.

PC 594.3 — Vandalism at Places of Worship

Definition: Enhances penalties for vandalizing churches, temples, mosques, or other religious facilities.

Examples:

• Defacing a church with graffiti.
• Breaking stained glass windows at a synagogue.

Penalties:

• Felony.
• Up to 3 years in prison.
• Heavier fines than standard vandalism.

PC 594.35 — Vandalism Involving Caustic Chemicals

Definition: Targets vandalism using caustic chemicals, such as acid or corrosive substances.

Examples:

• Throwing acid on vehicles.
• Using corrosive chemicals to damage property.

Penalties:

• Felony.
• 2, 3, or 4 years in prison.

PC 591.5 — Injuring Telephone/Telegraph Lines

Definition: PC 591.5 makes it a crime to injure or obstruct telephone/telegraph lines or related equipment.

Examples:

• Cutting a landline phone before a burglary.
• Disabling emergency communication systems.

Penalties:

• Misdemeanor or felony depending on circumstances.
• Felony: Up to 3 years in prison.

• Covers theft, fraud, or financial exploitation against victims 65 years or older.
   
• Penalty:
   
  • Misdemeanor → up to 1 year in county jail.
     
  • Felony → up to 4 years in state prison (longer with great financial harm).
     

• Felony Upgrades for Repeat Offenders: A petty theft that would normally be a misdemeanor can be filed as a felony if the accused has certain prior theft convictions.
   
• Organized Retail Crime: Enhanced penalties target theft rings stealing from department stores, malls, or online retailers.
   
• Diversion Still Available: For first-time or low-level offenders, judges may still allow diversion, restitution, or community service in place of jail.
   

• Surveillance video (store cameras, parking lots).
   
• Eyewitness testimony (security guards, employees, bystanders).
   
• Recovered property (goods found in possession of the accused).
   
• Prior conviction records (for Prop 36 felony upgrades).
   

• Employment barriers: Theft is a “crime of moral turpitude,” harming background checks.
   
• Professional licenses: May affect lawyers, nurses, real estate agents, and others.
   
• Immigration consequences: Can lead to deportation or inadmissibility.
   
• Reputation damage: Theft convictions often carry social stigma that lasts long after sentencing.
   

1. Lack of intent — mistaken belief the property was yours.
    
2. Insufficient evidence — unreliable eyewitnesses or unclear surveillance.
    
3. Consent — owner gave permission to borrow or take property.
    
4. False accusation — motivated by disputes, revenge, or mistaken identity.
    
5. Value of property in dispute — whether goods were actually worth more or less than $950 (critical for petty vs. grand theft).
    

Poseidon Defense APC defends theft crime cases throughout Southern California, including:

• Los Angeles County: Beverly Hills, Santa Monica, Hollywood Hills, Westwood
   
• Orange County: Fullerton, Newport Beach, Irvine, Huntington Beach
   
• San Diego County: La Jolla, Rancho Santa Fe, Del Mar, Coronado
   

With theft crimes, the stakes go far beyond fines and jail. A conviction can cost you your career, immigration status, and future opportunities. At Poseidon Defense APC, we:

• Challenge surveillance and eyewitness evidence.
   
• Argue for reduced charges or diversion programs.
   
• Defend against Prop 36 felony upgrades for petty theft.
   
• Protect your rights in both misdemeanor and felony cases.
   

📞 Contact us today: PoseidonDefenseLaw.com | 714-978-9988 (call or text)

This blog is for informational purposes only and does not create an attorney-client relationship. Each case is unique. For legal advice tailored to your situation, contact a qualified defense attorney.