Many theft cases involve people who have never been arrested before: a moment of poor judgment, a misunderstanding at a self-checkout, or a dispute about property that got out of hand.
Even a misdemeanor theft conviction can create problems. Employers often see theft as a question of trust, and the record can appear on background checks for years. Marcus E. DeBose takes the time to understand what happened and why, and he tells that story to the prosecutor and the judge.
Theft charges Marcus defends
- Shoplifting under Penal Code section 459.5
- Petty theft, generally property worth $950 or less
- Grand theft, generally property worth more than $950
- Theft by false pretenses and other fraud-related theft, see white collar crimes
- Embezzlement from an employer or business
Petty theft or grand theft
Since Proposition 47 took effect in 2014, the value of the property has played a central role in California theft cases. Theft of property worth $950 or less is generally petty theft, usually a misdemeanor. Theft of property worth more than $950 is generally grand theft, which is a wobbler and can be charged as a felony.
Value matters. How property is valued, and whether separate incidents are added together, can decide whether a case is a misdemeanor or a felony. These questions are worth examining closely.
California's rules for repeat theft have also changed. Proposition 36, approved by voters in 2024, can make theft charges more serious for people with certain prior theft convictions. If you have a prior record, talk to an attorney about how these changes may apply.
Options that may be available
Diversion
Many misdemeanor theft cases may qualify for diversion under Penal Code section 1001.95. If the court grants diversion and you complete the conditions, the charge can be dismissed. See misdemeanor defense.
Civil compromise
In some misdemeanor property cases, California law allows a judge to dismiss the case after the person or business harmed confirms they have been paid back.
Challenging the evidence
Video footage, store security reports and witness accounts are not always clear. Intent to steal is a key element, and a mistake at a self-checkout or a misunderstanding about ownership is not a crime.
A note about store demand letters
After a shoplifting incident, some stores send a letter demanding a civil penalty. That demand is separate from the criminal case. Paying it does not make charges go away. Talk to an attorney before you respond.
Protect your record
The goal in most theft cases is to avoid a conviction, or at least a felony. If you were convicted in the past, record sealing and expungement may help. To talk about your case, book a free consultation in person at the Mission Valley office, or by phone or Zoom. Hablamos español.
This page is general information about California law, not legal advice for your situation. Every case is different, and past results do not guarantee a similar outcome.