How Much is Felony Theft in California?
Direct Answer:
Felony theft in California is punishable by imprisonment in the state prison for a minimum of 16 months and up to 3 years, and a fine of up to $10,000.
What is Felony Theft in California?
In California, felony theft is a serious criminal offense that involves the theft of property valued at $950 or more. This can include not only cash and valuables but also personal property, such as jewelry, electronics, and even vehicles. Felony theft is a wobbler, meaning that the prosecutor can choose to charge it as a felony or a misdemeanor, depending on the circumstances of the case.
Types of Felony Theft in California:
There are several types of felony theft in California, including:
- Grand theft: This is the theft of property valued at $950 or more, such as cash, jewelry, or electronics.
- Petty theft with a prior: This is the theft of property valued at less than $950, but the defendant has a prior conviction for petty theft.
- Theft of a firearm: This is the theft of a firearm, which is a felony even if the value of the firearm is less than $950.
- Theft of a vehicle: This is the theft of a vehicle, which is a felony even if the value of the vehicle is less than $950.
Penalties for Felony Theft in California:
The penalties for felony theft in California depend on the type of theft and the defendant’s criminal history. The minimum sentence for felony theft in California is 16 months in state prison, but the maximum sentence can be up to 3 years in state prison. Additionally, the defendant may be fined up to $10,000.
Table: Penalties for Felony Theft in California
| Type of Theft | Minimum Sentence | Maximum Sentence | Fine |
|---|---|---|---|
| Grand Theft | 16 months | 3 years | $10,000 |
| Petty Theft with a Prior | 16 months | 3 years | $10,000 |
| Theft of a Firearm | 2-4 years | 6 years | $10,000 |
| Theft of a Vehicle | 2-4 years | 6 years | $10,000 |
Consequences of a Felony Theft Conviction:
A felony theft conviction in California can have serious consequences, including:
- Loss of civil rights: A felony conviction can result in the loss of certain civil rights, such as the right to vote or own a firearm.
- Loss of employment opportunities: Many employers will not hire individuals with felony convictions, so a felony theft conviction can make it difficult to find employment.
- Financial penalties: In addition to the fine, the defendant may also be required to pay restitution to the victim.
- Criminal record: A felony theft conviction will remain on the defendant’s criminal record for the rest of their life, making it difficult to find employment or housing.
Defenses to Felony Theft in California:
There are several defenses to felony theft in California, including:
- Lack of intent: If the defendant did not intend to steal the property, they may be able to argue that they did not commit the crime.
- Mistake of fact: If the defendant believed that the property was theirs or that they had permission to take it, they may be able to argue that they did not commit the crime.
- Duress: If the defendant was forced to steal the property by someone else, they may be able to argue that they did not commit the crime.
- Insufficient evidence: If the prosecution does not have sufficient evidence to prove that the defendant committed the crime, they may be able to argue that the case should be dismissed.
Conclusion:
Felony theft in California is a serious criminal offense that can result in significant penalties, including imprisonment and fines. It is important for individuals who have been charged with felony theft to understand the charges against them and the potential consequences of a conviction. With the right legal representation, individuals can defend themselves against felony theft charges and avoid the serious consequences of a conviction.
