Are Property Crimes Always Misdemeanors in California?

 Posted on April 13, 2026 in Criminal Defense

Property crimes are not always misdemeanors in California. Many property crimes can be charged as either a misdemeanor or a felony depending on the value of the property involved, the circumstances of the offense, and the defendant's prior criminal history. Some property crimes are felonies from the start, no matter what.

The difference between a misdemeanor and a felony can mean the difference between a short jail sentence and years in state prison. If you are facing a property crime charge in 2026, our Alameda County, CA criminal defense lawyer can help you build a personalized defense to challenge the charges against you.

What Is the Difference Between Grand Theft and Petty Theft in California?

Theft is one of the most commonly charged property crimes in California, and the way it is classified depends largely on the value of what was taken. Under California Penal Code § 484 and § 488, petty theft applies when the value of the stolen property is $950 or less. Under § 487, grand theft applies when the value exceeds $950.

Petty theft is typically charged as a misdemeanor. It carries a maximum of six months in county jail and a fine of up to $1,000. Grand theft can be a misdemeanor or a felony. As a misdemeanor, grand theft carries up to one year in county jail. As a felony, it can mean up to three years in state prison.

Shoplifting falls under a similar framework. Under California Penal Code § 459.5, shoplifting merchandise valued at $950 or less is a misdemeanor. However, if the value exceeds that threshold or if the defendant has certain prior convictions, the charge can be elevated.

What Is a Wobbler and Why Does It Matter in a CA Property Crime Case?

A wobbler is a crime that can be charged as either a misdemeanor or a felony. The prosecutor makes that call based on the specific facts of the case and the defendant's criminal history. When a prosecutor is deciding how to charge a wobbler, they typically look at factors including:

• The total value of the property involved

• How the crime was carried out and whether anyone was threatened or harmed

• Whether the defendant has prior theft or property crime convictions

• Whether the defendant was on probation or parole at the time

• The strength of the evidence against the defendant

A skilled defense attorney can sometimes negotiate with the prosecutor to have a felony wobbler charged or reduced to a misdemeanor. That negotiation can make a dramatic difference in the outcome of the case.

When Is Burglary a Felony in California?

Burglary is a clear example of where the felony distinction becomes especially important. The law divides it into two degrees.

First-degree burglary involves entering a residential structure, meaning someone's home, apartment, or any place where people live. This is always charged as a felony. It carries a sentence of two, four, or six years in state prison and is considered a strike under California's Three Strikes Law.

Second-degree burglary covers entering a commercial building, such as a store, office, or warehouse, with the intent to commit theft or another crime inside. This is a wobbler. As a misdemeanor, it carries up to one year in county jail. As a felony, it carries up to three years in state prison.

The key element in any burglary charge is intent. The prosecution must prove that you entered the structure with the intent to commit a crime inside. If that intent cannot be established, the charge may not hold up.

How Are Auto Theft and Robbery Classified in California?

Not all property crimes are wobblers. Some are straight felonies, no matter how the facts look.

Auto Theft

Auto theft under California Vehicle Code § 10851 is a wobbler for a first offense. However, it can be charged as a felony, especially if the vehicle had significant value or if the defendant has prior convictions. Grand theft auto is also a wobbler.

Robbery

Robbery is a different story entirely. Under California Penal Code § 211, robbery is always a felony. It involves taking property from another person by force or fear. First-degree robbery, such as robbing someone in their home or robbing a transit operator, carries three to nine years in state prison. Second-degree robbery carries two to five years. Because robbery involves a direct threat or use of force against a person, it is treated as a violent crime, not just a property crime, and it is a strike offense.

What Defenses Are Available in a California Property Crime Case?

The right defense depends on exactly what happened, what evidence exists, and what the prosecution can actually prove. Common defenses in property crime cases include:

• Lack of intent: Theft and burglary both require proof of intent. If there was no intent to steal or commit a crime, the charge may not hold.

• Claim of right: If you genuinely believed the property was yours, that belief can be a defense to a theft charge.

• Mistaken identity: Eyewitness identification is often unreliable. If the evidence connecting you to the crime is weak, your attorney can challenge it head-on.

• Unlawful search and seizure: If police found evidence through an illegal search, a motion to suppress may remove that evidence from the case entirely.

• Insufficient evidence: The prosecution must prove every element beyond a reasonable doubt. If the available evidence cannot do that, the case should not result in a conviction.

We can help you understand which defense best suits your case.

Schedule a Free Consultation With Our Fremont, CA Property Crimes Defense Attorney

A property crime charge in California is rarely as simple as it looks. The line between a misdemeanor and a felony is not always obvious, and making the wrong assumptions about your case can cost you dearly. At Fuller Law Firm, our attorney believes every client and their family deserves someone to give them a real voice in a complex legal system. That belief drives us in how we handle cases. Call 408-234-7563 today to speak with an Alameda County, CA criminal defense lawyer who will fight to protect your future.