Theft/Robbery/Burglary: What You Should Know

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If you or someone you love is facing a theft charge in Los Angeles or Orange County, the stakes are high — and the time to act is now. A conviction can follow you for the rest of your life. Call the Law Office of E. C. Talik, PC for a free consultation.

Theft is one of the most commonly prosecuted crimes in Los Angeles and Orange County. While many people assume theft is a minor offense, the consequences can be life-altering — including jail or prison time, a permanent criminal record, loss of professional licenses, and devastating immigration consequences for non-citizens.

California theft law is complex. A single incident can be charged in multiple ways depending on the value of property taken, the method of taking, the relationship between the parties, and your prior criminal history. Understanding the charges you face is the first critical step in building your defense.

Petty theft is the unlawful taking of property valued at $950 or less. It is a misdemeanor and is the most frequently charged theft offense in California. Common examples include shoplifting small items, taking cash from a coworker, or failing to return borrowed property.

• Up to 6 months in county jail

• Fines up to $1,000

• Informal probation

If you have a prior theft-related conviction and are charged with petty theft again, prosecutors can elevate the charge to a wobbler — meaning it can be filed as either a misdemeanor or a felony. This is an important consideration for anyone with any prior record.

California created a specific shoplifting statute under Proposition 47. Shoplifting is defined as entering an open business with the intent to steal property worth $950 or less. It is typically charged as a misdemeanor, carrying up to 6 months in jail. However, if you have certain prior convictions — including sex offenses or serious felonies — it can be charged as a felony.

Grand theft involves taking property worth more than $950, taking a firearm (regardless of value), or taking certain agricultural products or animals. Grand theft is a wobbler offense — it can be charged as either a misdemeanor or a felony depending on the circumstances and your criminal history.

• Misdemeanor: up to 1 year in county jail

• Felony: 16 months, 2, or 3 years in state prison

• Grand theft auto is a specific form carrying its own penalties

Taking someone else's vehicle without permission and with intent to permanently deprive them of it constitutes grand theft auto. This is a wobbler, with felony convictions carrying up to 3 years in state prison. This is distinct from joyriding (Vehicle Code § 10851), which involves taking a vehicle without permission but without intent to permanently keep it.

Robbery is the taking of property from another person against their will, by means of force or fear. This elevates what might otherwise be a theft into a serious violent felony. California law distinguishes between first and second degree robbery.

• First Degree Robbery (home invasions, victims in cars, ATM robberies): 3, 4, or 6 years in state prison

• Second Degree Robbery (all other robberies): 2, 3, or 5 years in state prison

• Robbery is a strike under California's Three Strikes Law

Because robbery is a violent felony and a strike offense, the consequences are severe and long-lasting. Anyone facing robbery charges requires experienced, aggressive legal representation immediately.

Burglary in California is defined as entering any structure or vehicle with the intent to commit a felony or theft inside. Critically, you do not have to complete the theft — the mere act of entering with criminal intent is sufficient.

• First Degree Burglary (residential): Always a felony — 2, 4, or 6 years in state prison; a strike offense

• Second Degree Burglary (commercial): A wobbler — misdemeanor up to 1 year, or felony up to 3 years

You can be charged with theft-related offenses even if you did not take property yourself. Receiving, concealing, or withholding stolen property knowing it was stolen is a wobbler offense.

• Misdemeanor: up to 1 year in county jail

• Felony: 16 months, 2, or 3 years in state prison

Embezzlement occurs when a person entrusted with property fraudulently appropriates it for personal use. This commonly arises in employment contexts — a bookkeeper skimming funds, an employee taking cash from a register, or a financial advisor misusing client assets. Embezzlement is charged as petty or grand theft depending on the value involved.

Carjacking is the taking of a motor vehicle from another person against their will by means of force or fear. It is always a felony, carrying 3, 5, or 9 years in state prison — and it is a strike offense. If the carjacking is committed for the benefit of a gang, or if the victim is inflicted with great bodily injury, additional sentence enhancements apply.

Every theft case is different, and the right defense depends on the specific facts and circumstances. As a former police officer and Deputy District Attorney, I know exactly how law enforcement investigates theft cases and how prosecutors build their arguments — which means I know precisely where to look for weaknesses. Below are the most common and effective defenses in California theft cases.

Theft requires intentional, willful taking. If you mistakenly took someone's property — such as picking up the wrong bag at an airport or accidentally walking out of a store with an item — there is no criminal intent and therefore no theft. Proving the absence of intent is often the most powerful defense available.

Under California law, a defendant who genuinely and in good faith believed they had a right to the property cannot be convicted of theft, even if that belief was mistaken. For example, if you took property you believed belonged to you or that you were owed, this is a complete defense to a theft charge.

If the owner of the property gave you permission to take or use it, there is no theft. The consent defense is commonly raised in cases involving disputes between family members, business partners, or employers and employees where arrangements were misunderstood.

In shoplifting and retail theft cases, stores rely heavily on surveillance footage, loss prevention officers, and witness accounts. If the evidence against you is weak, unclear, or cannot reliably identify you as the person who took the property, the charges may not be provable beyond a reasonable doubt. As a former law enforcement officer, I understand exactly what constitutes solid investigative evidence — and what does not.

Evidence obtained in violation of your Fourth Amendment rights — through an unlawful search, an improper stop, or a search without valid consent or a warrant — may be suppressed. If critical evidence is excluded, the prosecution's case often collapses. My background as a police officer gives me a uniquely detailed understanding of search and seizure law and the specific procedural requirements law enforcement must follow.

If law enforcement induced you to commit a theft you would not have otherwise committed, you may have an entrapment defense. This is particularly relevant in sting operations targeting organized retail crime or fencing operations.

For first-time offenders, particularly in petty theft and shoplifting cases, California law may provide diversion options that allow you to avoid a conviction entirely. Successful completion of diversion results in dismissal of charges. I aggressively pursue diversion and deferred entry of judgment whenever my clients qualify.

Even where a complete defense is not available, experienced negotiation can make an enormous difference. A grand theft felony may be reduced to a misdemeanor. A robbery may be renegotiated to a lesser charge. My experience as a prosecutor gives me credibility and insight in negotiations that many defense attorneys simply do not have — I know what matters to the prosecution and how to present your case most favorably.   

The criminal penalties for theft — jail, prison, fines, and probation — are serious enough. But for many people, the collateral consequences are even more damaging and long-lasting.

• Petty Theft (PC § 488): Up to 6 months county jail, $1,000 fine

• Shoplifting (PC § 459.5): Up to 6 months county jail

• Grand Theft Misdemeanor: Up to 1 year county jail

• Grand Theft Felony: 16 months – 3 years state prison

• Robbery 1st Degree: 3 – 6 years state prison (strike)

• Robbery 2nd Degree: 2 – 5 years state prison (strike)

• Residential Burglary: 2 – 6 years state prison (strike)

• Carjacking: 3 – 9 years state prison (strike)

Employment and Professional Licenses

A theft conviction — even a misdemeanor — can end a career. Many California professional licensing boards (nursing, teaching, real estate, contracting, law, medicine, financial services) consider theft convictions grounds for denial, suspension, or revocation of a license. Background checks will reveal a theft conviction to virtually every employer.

Immigration Consequences

For non-citizens, a theft conviction can be devastating. Theft offenses — particularly those that qualify as crimes involving moral turpitude (CIMT) or aggravated felonies under federal immigration law — can result in deportation, removal proceedings, denial of naturalization, and bars to re-entry into the United States. If you are not a U.S. citizen, it is critical that your defense attorney understand the intersection of criminal and immigration law. I take immigration consequences into account in every case involving non-citizen clients.

Loss of Gun Rights

A felony theft conviction strips you of your right to own or possess firearms under both California and federal law. Even certain misdemeanor theft convictions can affect your right to carry. For law enforcement officers, security professionals, or anyone who relies on their Second Amendment rights, this consequence is profound.

Three Strikes Exposure

Robbery, first-degree burglary, and carjacking are all strike offenses under California's Three Strikes Law. A strike on your record doubles the sentence for any future felony conviction. Two strikes means 25 years to life for a third strike felony. Understanding your exposure under the Three Strikes Law is essential when evaluating any serious theft charge.

Civil Liability — Penal Code § 490.5

Under California law, merchants and employers may sue for civil damages related to theft, even if criminal charges are not filed or are dismissed. Civil demand letters often arrive shortly after a shoplifting arrest. I can advise you on your civil exposure and help you navigate both the criminal and civil dimensions of your case.

Restitution

Courts in California routinely order defendants to pay restitution to victims — the full value of property taken or damaged. Restitution is in addition to any fines and fees and can create a significant financial burden.

Housing

A theft conviction can complicate or prevent you from renting an apartment or qualifying for subsidized housing, as landlords routinely conduct criminal background checks.

The moments and days following a theft arrest or accusation are critical. The decisions you make — and the mistakes you avoid — can profoundly affect the outcome of your case.

Do not speak to law enforcement without an attorney present. This is the single most important thing you can do. Police are trained to gather evidence and build cases. Anything you say — even what seems like an innocent explanation — can and will be used against you. Politely but firmly decline to answer questions and request an attorney immediately.

You have the right to refuse consent to search your person, vehicle, or home. If law enforcement has a warrant, compliance is required — but warrantless searches require your consent or an exception to the warrant requirement. Never voluntarily open doors or hand over items without consulting an attorney first.

Time is critical in theft cases. Evidence can disappear, surveillance footage is overwritten, and witnesses' memories fade. The earlier your attorney is involved, the better your chances of a favorable outcome. Do not wait until your arraignment to retain counsel — contact the Law Office of E. C. Talik, PC as soon as possible after an arrest or if you believe you are under investigation.

No matter how certain you are that you can explain things or resolve the situation directly, do not contact the alleged victim or their family. Any contact — even well-intentioned — can be characterized as witness tampering, intimidation, or consciousness of guilt. Let your attorney handle all communication.

Gather and preserve anything that may support your defense — receipts, text messages, emails, photographs, witness contact information, surveillance footage from nearby locations, or any documentation of ownership or permission to take the property. Share everything with your attorney and let counsel evaluate what is relevant.

A criminal charge is not a conviction. Depending on the charge, your history, and the evidence, you may be eligible for diversion programs that result in dismissal of all charges. Even if diversion is not available, experienced negotiation often results in reduced charges, reduced sentencing, or alternative dispositions. Do not assume the worst before speaking with an experienced defense attorney.