Theft Crimes: Petty Theft, Grand Theft & Embezzlement in Los Angeles and Orange County

Introduction

Theft crimes in California encompass a wide range of offenses, from minor shoplifting to complex embezzlement schemes. In jurisdictions like Los Angeles and Orange County, prosecutors take these offenses seriously, and convictions can carry consequences far beyond jail time, including immigration consequences, loss of employment, and a permanent criminal record. This article explains the key differences between petty theft, grand theft, embezzlement, and related offenses like catalytic converter theft, with a special focus on how these charges are prosecuted and defended in Southern California.

I. What Is Petty Theft? (Penal Code §484 & §488 PC)

Petty theft is one of the most common theft-related charges in California. It typically involves:

• Theft of property valued at $950 or less
• No aggravating factors (e.g., no use of force, no breaking and entering)
• Often involves shoplifting or employee theft

Examples:

• Stealing cosmetics worth $100 from a Target in Anaheim
• Taking a cell phone left unattended at a coffee shop in downtown LA

Penalties:

• Misdemeanor offense
• Up to 6 months in county jail
• Up to $1,000 in fines
• Informal probation

Repeat offenders or those with certain prior convictions may face enhanced charges under Proposition 47 or even felony exposure under Penal Code ¤666 (“petty theft with a prior”).

II. What Is Grand Theft? (Penal Code §487 PC)

Grand theft involves:

• Property valued at more than $950, or
• Certain property types regardless of value (e.g., firearms, cars, livestock)

It is a wobbler in California, meaning it can be charged as either a misdemeanor or felony depending on the circumstances.

Examples:

• Stealing a $1,500 bicycle from Santa Monica Beach
• Taking an iPhone and designer bag from a parked car in Beverly Hills

Penalties:

• Misdemeanor: Up to 1 year in county jail
• Felony: Up to 3 years in county jail, plus possible enhancements

III. What Is Embezzlement? (Penal Code §503 PC)

Embezzlement occurs when someone lawfully entrusted with money or property fraudulently converts it for their own use. It often arises in employment or fiduciary settings.

Examples:

• An office manager in Irvine writing unauthorized company checks
• A caregiver in Glendale cashing a disabled patient’s social security checks

Penalties:

• If the value is under $950: Petty theft embezzlement
• If over $950 or involves public funds: Grand theft embezzlement (felony exposure)

Penalties mirror petty or grand theft, but judges and prosecutors often treat embezzlement more harshly due to the breach of trust involved.

IV. Related Offense: Catalytic Converter Theft (Penal Code §498d PC)

Theft of catalytic converters has skyrocketed in Los Angeles and Orange County due to the valuable metals they contain.

Legal Details:

• New California laws (SB 1087) impose enhanced penalties
• Buying or selling converters without documentation is also illegal

Penalties:

• Often charged as grand theft
• Prosecutors may also add charges for conspiracy, receiving stolen property, or organized retail theft

V. How Prosecutors Build Theft Cases

Local prosecutors rely on:

• Surveillance footage (especially in stores or near vehicles)
• Eyewitness statements
• Electronic evidence (e.g., text messages, online listings)
• Defendant statements (including confessions made without an attorney)

Repeat offenders are aggressively pursued, and thefts committed in coordination with others can trigger organized retail theft charges under Penal Code §490.4 PC.

VI. Defense Strategies

Common legal defenses in theft-related cases include:

1. Lack of Intent

Many theft crimes require specific intent. If the defendant accidentally took an item or believed it was theirs, this could defeat the charge.

2. False Accusation or Mistaken Identity

Video footage or eyewitness testimony may be flawed or misinterpreted.

3. Consent

If the alleged victim gave permission (explicit or implied) to take the property, there may be no theft.

4. Entrapment or Illegal Search

Especially in sting operations or employer-initiated investigations, police misconduct can lead to suppression of evidence.

VII. Local Considerations: Los Angeles vs. Orange County

• Los Angeles County: Theft diversion programs may be available, including the Neighborhood Justice Program. However, prosecutors are selective and often deny these options to repeat offenders or those accused of organized theft.
• Orange County: More conservative charging decisions. Embezzlement cases involving elder abuse are aggressively prosecuted. First-time petty theft defendants may still be eligible for pretrial diversion.

VIII. Collateral Consequences of a Theft Conviction

• Immigration: Theft is a crime involving moral turpitude (CIMT)
• Employment: Theft convictions often bar defendants from jobs in banking, security, or government
• Professional Licenses: Nurses, contractors, real estate agents, and others may lose or be denied licensure

IX. Reducing or Dismissing Charges

A skilled criminal defense lawyer can help by:

• Negotiating diversion (PC §1000.95)
• Arguing for charge reduction from felony to misdemeanor
• Pursuing dismissal through factual innocence motions or informal agreements

Contact a Theft Lawyer in Los Angeles and Orange County Today

Theft crimes can carry major consequences in Los Angeles and Orange County. Understanding the differences between petty theft, grand theft, embezzlement, and related offenses like catalytic converter theft is key to protecting your rights. If you or a loved one is under investigation or facing charges, immediate legal representation is essential to mitigating risk and exploring opportunities for dismissal or reduction. Contact a Power Trial Lawyer today for a free consultation.