Theft crime defense in Modesto
California groups a wide range of conduct under "theft" — from a $40 shoplifting case under Prop 47 to a felony robbery with a firearm enhancement that carries decades of state-prison exposure. The line between charges is often more about the dollar amount, the location, and the presence of force than about what the client actually did.
What we handle
- PC 484/490 — Petty theft. Theft of property valued at $950 or less. Misdemeanor. Most shoplifting cases are charged here under Prop 47.
- PC 459.5 — Shoplifting. Entering a commercial establishment during business hours with intent to steal $950 or less. Misdemeanor.
- PC 487 — Grand theft. Theft of property over $950, or of a firearm or vehicle. Wobbler.
- PC 459 — Burglary. Entering a structure with intent to commit theft or any felony. First-degree (residential) burglary is a felony "strike."
- PC 211 — Robbery. Taking property from another person by force or fear. Always a felony, always a strike, with significant enhancement exposure when a weapon or GBI is alleged.
- PC 215 — Carjacking. A separate felony from robbery, with similar strike consequences.
- PC 496 — Receiving stolen property. Wobbler.
- PC 488 / Three-strikes-grand-theft enhancements. Prior theft convictions can elevate a misdemeanor petty theft to a felony in some narrow cases (PC 666).
Prop 47 and what it actually changed
Proposition 47 reclassified most theft offenses involving $950 or less as misdemeanors, including shoplifting, receiving stolen property, and many forms of fraud. It also created a resentencing path for clients with prior felonies in those categories. If you have an older felony theft conviction, it may be reducible — and worth reducing.
Burglary: the line that matters
The difference between PC 484 (petty theft) and PC 459 (burglary) is not the value of what was taken — it's whether the person entered with criminal intent. Walking into a store and deciding to steal once inside is petty theft. Walking in intending to steal is burglary. The DA proves intent through circumstantial evidence: bags, prior reconnaissance, conversations, prior similar incidents.
This matters because the elements are arguable. A "burglary" charge in a shoplifting case is often a charging decision that survives only if the DA can prove formed intent at entry — and they often can't.
Robbery vs. theft + assault
The line between robbery and "theft + assault" is the use of force or fear to take the property. It's not enough that force was used at some point; the force has to be the means of the taking. This is a real fact distinction that comes up in shoplifting cases involving a struggle with a loss-prevention officer ("Estes robberies"), and the difference between the two charges is the difference between a strike felony and a misdemeanor.
What I look at first
- Surveillance video. What it shows, what's missing from the angles, and how the loss-prevention staff actually behaved.
- Loss-prevention statements. What the LP officer wrote up, what they wrote in the company report (separate from the police report), and whether they followed company policy.
- The "amount." Charged value matters. Receipts, return prices, restocking values, and how value was calculated can drop a case under the Prop 47 line.
- Identification. In commercial-burglary and ID-theft cases, ID is often the weakest link.
- Intent at entry. For burglary cases, what the client did in the minutes before the alleged offense.
Diversion and civil compromise
- Pretrial mental-health diversion (PC 1001.36) is available in some theft cases when a qualifying condition contributed to the offense.
- Civil compromise (PC 1377/1378) is available for some misdemeanor theft cases between private parties when the alleged victim accepts restitution and asks the court to dismiss.
- Deferred entry of judgment can be available in misdemeanor cases.
Collateral consequences
- Crimes of dishonesty (theft, fraud) are particularly damaging for professional licenses, teaching credentials, immigration status, and any job involving fiduciary duties.
- Immigration. Theft can be a "crime involving moral turpitude" with deportation and admissibility consequences. Plea structure matters.
- Background checks. Even reduced or dismissed cases may show up on private background checks and can require explanation in employment and housing.
What to do now
- Don't make statements to loss-prevention staff, store managers, or detectives without counsel.
- Don't sign civil-demand letters from retailers without legal review.
- Save anything — receipts, texts, communications with the alleged victim — that could establish context.