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There are a wide variety of Theft Crimes, ranging from misdemeanors to felonies.


Petty Theft (Penal Code Section 484) – Misdemeanor with a maximum of 6 months jail/fines/probation.

Petty Theft with a Prior (Penal Code 666) – Can be charged as either a Misdemeanor or Felony. A Misdemeanor Petty theft with a Prior carries one year maximum in a county jail. A Felony carries a maximum of 3 years in prison.

Grand Theft (Penal Code 487) is the theft of property over $400 in value. This can be charged as a misdemeanor or felony, carrying 1 year or 3 years respectively.

Embezzlement – This is a common charge for persons that are alleged to have stolen while serving as an employee or trustee of a business. This is a wobbler that can be filed as misdemeanor or felony.

Commercial Burglary (Penal Code 459) – This can also be charged as Misdemeanor or a Felony with a maximum of 1 year or 3 years, respectively. Not considered a strike if filed as a felony.

Residential Burglary (Penal Code 459) is always a felony and carries a maximum of 6 years in prison. A residential Burglary is a strike offense.

Auto Burglary – This is basically, the burglary of the contents of a car. This can be treated as a misdemeanor or felony.

Robbery (Penal Code 211) – Always a felony and always a Strike. To prove a robbery, the prosecution has to show that you acquired the victim’s property by fear or force. If they allege that a weapon was used, this nearly doubles your sentence. An allegation that a gun was used, adds 10 years to a Robbery.


If you have been charged with any of these Theft crimes, you need to contact an attorney. Please contact attorney Sue Sahami for the best Defense Attorney Services in Santa Ana, CA or call for a free case evaluation at 📞 (714) 709-8973.

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