Criminal defense
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Norwalk Superior Court
Not-guilty verdict
Criminal defense
Long Beach Theft Crimes Defense Lawyer
Almost every California theft case turns on two questions: what the property was worth, and what the person intended at the time. Both are arguable, and both decide whether the case is a misdemeanor or a felony. Call now to schedule a consultation.
Patrick S. AguirreCriminal defense attorney · Long Beach4.6 out of 5 from 41 Google reviews. 25+ years of experience Patrick handles your case personally
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The charge
What theft is, and where the line falls
Penal Code 484 covers more than taking something. It reaches theft by larceny, by false pretense, by trick, and by embezzlement, which is why cases that feel like business disputes are charged as crimes. Every version requires an intent to deprive the owner of the property, and in most versions that intent must exist at the moment of the taking.
Value sets the level. Penal Code 487 makes theft of property worth more than $950 grand theft. Penal Code 490.2, added by Proposition 47 in 2014, makes theft of $950 or less petty theft punished as a misdemeanor, notwithstanding the older grand theft rules, unless the person has a disqualifying prior. Because the line is a dollar figure, valuation is a real defense: the retail tag is not automatically the value, and the prosecution has to prove the figure.
Some property is grand theft regardless of value, including a firearm, and certain agricultural and aquacultural products above lower statutory thresholds. Theft of a vehicle has its own treatment.
Sources: Penal Code 484(a) — theft defined; Penal Code 487(a) — grand theft above $950; Penal Code 490.2(a) — theft of $950 or less is petty theft, added by Proposition 47; Penal Code 488 — petty theft.
What changed
Proposition 36 (2024) and repeat theft
Proposition 36, passed in November 2024, is a different measure from the Three Strikes reform that shares its number, and it moved California back toward felony treatment for repeat theft. It created new felony exposure for a person with two or more qualifying theft convictions, and it added aggravated exposure where multiple thefts are aggregated or where a group acts together. A case that would have been a routine misdemeanor in 2023 may not be one now, and the prior record is the first thing to check rather than the last.
Two charges travel with theft and are often the stronger case for the prosecution. Shoplifting under Penal Code 459.5, which is entering an open commercial establishment intending to take $950 or less, and which by statute cannot also be charged as burglary. And receiving stolen property under Penal Code 496(a), which requires knowledge that the property was stolen and is frequently filed when the prosecution can prove receipt or possession but not the taking. Suspicious circumstances may be evidence of knowledge, but merely saying a person should have known is not the general rule. Subdivision (b) separately imposes a reasonable-inquiry obligation on specified vendors and people whose principal business is dealing in or collecting merchandise or personal property.
Sources: Penal Code 666 — petty theft with specified priors; Penal Code 459.5 — shoplifting; Penal Code 496(a) — receiving stolen property.
The consequences
Why a small theft conviction is not a small problem
Theft is a crime of moral turpitude. That phrase does most of the damage: it is the category employers and licensing boards react to, it can be used to impeach a witness in any later case, and in immigration law it can make a non-citizen deportable or inadmissible even on a misdemeanor. A theft case should never be resolved by a non-citizen without immigration advice about the specific disposition, because the difference between two pleas that carry the same jail time can be the difference between staying and not.
On the state side, a felony conviction brings a lifetime firearm prohibition, and a conviction is weighed by landlords and background checks for years. A completed probation can be dismissed under Penal Code 1203.4, which adds a dismissal notation; it does not erase the record, and nothing in California does.
Sources: Penal Code 1203.4 — dismissal after probation, and its limits; Penal Code 29800 — felony firearm prohibition.
The defense
How theft cases are defended
Intent is the most common answer, and it is not a technicality. Property taken by mistake, taken under a genuine claim of right, borrowed with an intent to return, or left unpaid for because of a real misunderstanding at a self-checkout is not theft. Where the intent formed only after the person had the property lawfully, the offense charged is often the wrong one.
Value is the second. Where the amount is near $950, the evidence of value, wholesale against retail, condition, and what the prosecution can actually prove, decides whether the case is a felony.
Then the ordinary battlegrounds: identity, especially from poor surveillance footage; whether a loss prevention officer’s account matches the video; whether the stop, detention, and search were lawful; and whether statements were taken in violation of Miranda. Where the facts are not winnable, the work is civil compromise where available, diversion, a reduction under Penal Code 17(b), and a disposition that avoids a crime of moral turpitude.
The office
How the Law Offices of Patrick S. Aguirre handles theft cases
The office has defended theft cases in Long Beach and across Los Angeles County for nearly three decades, from self-checkout accusations to grand theft filings built on months of records. The first questions are always the same: what is the value the prosecution can prove, what does the prior record do to the exposure under the 2024 changes, and what disposition protects the client’s licence, job, and immigration status.
Nothing on this page predicts a result. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
Is stealing under $950 always a misdemeanor?
It was close to that between 2014 and 2024. Penal Code 490.2 made theft of $950 or less petty theft punished as a misdemeanor, but the statute has always carried exceptions for people with specified prior convictions, and Proposition 36 in November 2024 expanded felony exposure for repeat theft. The prior record now matters as much as the amount.
The store already banned me and sent a demand letter. Is that the criminal case?
No. A civil demand from a retailer or its law firm is a separate civil claim and paying it does not resolve or prevent a criminal charge. It also is not evidence of guilt. Do not respond to it or discuss the incident in writing before getting advice.
Can a theft charge be reduced or dismissed?
Often. Depending on the facts and record, the paths include diversion, a civil compromise where the statute allows it, reduction of a wobbler to a misdemeanor under Penal Code 17(b), or a plea to an offense that is not a crime of moral turpitude. Which of those is realistic depends on the value, the priors, and the court.
Will a theft conviction affect my immigration status?
It can, seriously, even for a misdemeanor, because theft is treated as a crime involving moral turpitude. The immigration consequence turns on the exact offense, the sentence imposed, and the person’s status, so a non-citizen should get immigration advice about the specific proposed disposition before entering any plea.
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What clients say
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12 counts 2 felony charges DISMISSED … he got him out of jail FAST.
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I just walked out of court a free man after getting my case dismissed.
From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!
Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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