California

What is considered grand theft in California? Why you could be arrested for stealing fruit

In California, stealing isn’t just about what you take — it’s about the price tag attached.

Whether it’s a stash of stolen avocados or a stack of gift cards, the penalties depend on the value.

What is considered grand theft in California? How is it different from petty theft?

Here’s what our journalists with How To California — a community-driven series to help readers navigate life in the Golden State — found:

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Why we did this story

Our community-driven series — How to California — is here to answer your questions about state laws, history, culture, recreation and travel in the Golden State.

McClatchy’s service journalism team, focused on helping our readers navigate daily life, works in communities across the state, including San Luis Obispo, Fresno, Merced, Modesto and Sacramento.

Ask us your questions — big and small — by emailing howtocalifornia@mcclatchy.com or filling out a form here.

Man stealing a car, car jacking stock photo
Man stealing a car, car jacking stock photo dardespot Getty Images

What is petty theft?

California Penal Code 488 says petty theft occurs when someone steals property or services worth $950 or less.

A person found guilty of petty theft can be charged with a misdemeanor, according to Shouse California Law Group.

A violation of this statute is punishable with a fine of up to $1,000 and up to six months in county jail.

Examples of petty theft include borrowing a neighbor’s $300 serving tray and intentionally not returning it, or swiping a colleague’s lipstick while they’re in a meeting, the law firm said.

Two rows of apple trees grow in an orchard in Northwest Washington.
Two rows of apple trees grow in an orchard in Northwest Washington. Getty Images

What is considered grand theft in California?

According to California Penal Code 487, grand theft occurs when someone steals personal property, real estate, money, or labor worth over $950; takes property directly from another person, regardless of its value; or steals a motor vehicle or firearm, no matter the value.

This means stealing 500 pounds of fruit can qualify as grand theft if the value of the produce exceeds $950.

A misdemeanor conviction can lead to up to one year in county jail.
A misdemeanor conviction can lead to up to one year in county jail. Getty Images/iStockphoto

What are the penalties for grand theft in California?

“Grand theft is a wobbler,” Shouse Law said. “This means it can be either a misdemeanor or a felony.”

Depending on the case, prosecutors determine whether to charge grand theft as a misdemeanor or felony based on the case’s circumstances and the defendant’s criminal history, the law firm said.

A misdemeanor conviction can lead to up to one year in county jail, while a felony conviction can result in felony probation, up to one year in county jail, or a prison sentence ranging from 16 months to three years.

If charged with a felony, the law firm said there can be an additional prison sentence of one to four years depending on the value of the stolen property, with one year added for each $3 million in losses.

Have a question about life in California?

How to California — a guide to help you live, work and enjoy life in the Golden State, is here to help.

We’ll answer your questions — big and small — about state laws, history, culture, recreation and travel.

Ask your questions in the form below (can’t see it? Click here) or email howtocalifornia@mcclatchy.com.

This story was originally published October 29, 2024 at 6:00 AM with the headline "What is considered grand theft in California? Why you could be arrested for stealing fruit."

Angela Rodriguez
The Modesto Bee
Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.
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