Grand Theft Lawyer in Orange County
Criminal defense attorney and former Orange County Deputy District Attorney. The case results, timelines and valuation figures on this page come from his own Orange County grand theft cases, including how the Proposition 36 theft rules are actually being charged here.
Grand theft in California is theft of money, labor, or property worth more than $950, charged under Penal Code 487. It is a wobbler, which means the District Attorney can file it as a misdemeanor or a felony. Here is the part that matters most and that almost nobody explains: that $950 figure is not a fact the court has established. It is a number somebody claimed. It usually comes from a loss prevention report, a store’s retail price, or an alleged victim’s estimate of what their own property was worth. It is the single most contestable element of the charge, and it is the line between a misdemeanor and a felony.
If you have been arrested for grand theft in Orange County, you can reach The Law Offices of Bryan R. Kazarian at (855) 918-4253 or schedule a consultation online.
What counts as grand theft in California
Under PC 487, theft becomes grand theft when:
- The money, labor, or property is worth more than $950
- The property is taken directly from another person, at any value
- The item is an automobile or a firearm
- The property is certain agricultural or aquacultural product worth more than $250
Below those lines, the same conduct is petty theft under PC 488.
Grand theft covers an enormous range. As Bryan puts it, a grand theft case can be anywhere from $950 to a quarter of a million dollars. A backpack left on a table and a six-figure embezzlement scheme carry the same statute number, which is why no honest page can tell you what your case is worth before looking at it.
Grand theft of a firearm is the exception to the wobbler rule. It is a felony only, and it is a serious felony, which means it counts as a strike.
The value is an argument, not a fact
This is the first thing Bryan looks at, and in his experience it is one of the most commonly skipped steps in a theft defense.
It could be something from somebody’s yard, where somebody could say it was $951 when really it was a $250 item.
The distinction he draws is between property with a fixed, documented price and property without one.
- Retail merchandise has a price tag, a SKU, and an inventory record. That number is difficult to contest, and pretending otherwise wastes a client’s money.
- Everything else is an estimate. Tools from a garage, equipment from a yard, a bicycle, jewellery, electronics that are several years old, contents of a bag. Somebody put a number on that property, and that somebody was usually the person who lost it.
The law asks for fair market value at the time of the taking, not replacement cost and not the price the owner originally paid. A five year old laptop that cost $1,400 new is not a $1,400 laptop. When the claimed value sits just over the $950 line, moving it below that line moves the entire case.
This is not a technicality. It is the difference between a felony record and a misdemeanor, and in many cases the difference between custody and no custody.
Intent is the second thing that goes unchallenged
Theft requires the intent to permanently deprive someone of their property. The prosecution has to prove it. Bryan’s view is that this element is treated as automatic far more often than it should be.
If they are in a store and they picked up the item and they took a step and then put it down, the question is whether or not that was intent to steal, or intent to deprive the person of their property.
The same question runs through a large share of grand theft cases:
- Property that appeared to be abandoned or discarded
- Property a person believed they had a right to take, including disputes between family members, former partners, business partners, or a departing employee and an employer
- Property borrowed with an intention to return it
- Someone who carried an item, changed their mind, and set it down before leaving
Surveillance footage, the length of time the property was held, what the person did next, and what they said at the time all bear on intent. Prosecutors build intent out of inference. Inference can be taken apart.
Restitution, and why timing changes everything
Bryan’s firm tries to get restitution paid on every theft case, whether the case has been filed yet or is already pending. In his opinion this is the most commonly mishandled part of a theft defense, and the mistake is almost always the same one: waiting until sentencing.
Paying early does real work:
- It can bring a felony down to a misdemeanor
- It can bring a mandatory prison sentence down to jail time
- It can bring jail time down to community service with no custody
What it actually buys depends on the facts of the case and the person’s prior record, and no lawyer can promise a specific result. But an alleged victim who has already been made whole, and who is willing to say so, changes the conversation with the District Attorney before charges are even set.
It also takes time, which is part of why these cases move slowly. The money has to be collected. The victim has to be located and then persuaded to accept payment as restitution, which they are not obligated to do. Starting that process in month one and starting it in month eight produce very different results.
If you have prior theft convictions, the law has now changed
This is the section most worth reading carefully, because the rules in effect right now are newer than most of what is written about California theft law.
Proposition 36 took effect on 18 December 2024 and created Penal Code 666.1. Under PC 666.1(a)(1), a person who commits any petty theft, at any value, and who has two or more prior theft convictions, can be charged with a felony.
Three things about that rule catch people off guard:
- 1 There is no washout period. A conviction from fifteen years ago counts the same as one from last year.
- 2 The priors do not need to have involved custody. A conviction is enough, even if the person never served a day in jail and the case was resolved with a fine.
- 3 The underlying theft can be small. The value of the current item is not what makes it a felony. The record is.
Bryan confirms the Orange County District Attorney is actively applying this new law. The office pulls a person’s complete criminal record before making a filing decision, and on any theft under $950 the first thing they look for is another theft-related conviction which then allows them to charge this as a felony.
The part nobody mentions: it matters even as a misdemeanor
The firm cannot predict whether the DA will file a PC 666.1 case as a felony or a misdemeanor, and they have seen it filed as a misdemeanor. People hear “misdemeanor” and assume the Prop 36 exposure went away. It did not.
| Charge | Maximum county jail |
|---|---|
| Petty theft Penal Code 488 |
Maximum county jail
6 months
|
| Petty theft with two priors, filed as a misdemeanor Penal Code 666.1 |
Maximum county jail
1 year
|
Bars are drawn to scale against a one year track.
That is six additional months of custody exposure on a charge that still says misdemeanor on the paperwork.
Anyone weighing an early plea offer on a small theft with a record needs to understand which statute they are actually pleading to.
Separate thefts can now be added together
Prop 36 also created Penal Code 490.3, which allows the value of separate thefts to be combined to clear the $950 felony threshold. Prosecutors no longer have to prove the incidents shared one plan or one intention.
Three or four small thefts that would each have been misdemeanors can be charged together as a single felony grand theft.
Penalties for grand theft in Orange County
Punishment is set by Penal Code 489.
As a misdemeanor: up to one year in county jail, fines, and probation.
As a felony: 16 months, 2 years, or 3 years. Since realignment, that term is generally served in county jail rather than state prison for most defendants, though prior convictions and certain disqualifying offenses change that.
Grand theft of a firearm: 16 months, 2 years, or 3 years, felony only, and a strike.
The enhancement numbers that changed in 2025
Penal Code 12022.6 was re-enacted effective 1 January 2025 with new thresholds. Consecutive years are added on top of the sentence based on the value of the loss:
Added prison time when the loss is large
On top of the sentence for the theft itself, Penal Code 12022.6 adds consecutive years based on the value of the loss.
| Loss exceeds | Added term |
|---|---|
| $50,000 | Added term 1 year |
| $200,000 | Added term 2 years |
| $1,000,000 | Added term 3 years |
| $3,000,000 | Added term 4 years |
- 1.The scale does not stop at $3,000,000. One further year is added for each additional $3,000,000 of loss.
- 2.The amount has to be admitted by the defendant or found true by the trier of fact. It is not something the prosecution simply asserts, which is why the valuation work matters as much at this end of the scale as it does at the $950 line.
- 3.Losses arising from a common scheme or plan can be added together to reach a threshold. The enhancement attaches only to a felony.
- 4.These thresholds took effect on 1 January 2025. The section is currently set to expire on 1 January 2030 unless the Legislature extends it.
Values arising from a common scheme or plan can be aggregated to reach these thresholds, and the amount has to be admitted or found true by the trier of fact.
Penal Code 12022.65 is newer still. It adds one to three years when a person acts in concert with two or more others to take, damage, or destroy property during a felony.
Beyond the sentence itself, a theft conviction is a crime of moral turpitude. It follows people into job applications, professional licensing, and immigration proceedings for years.
Two cases from this office
The backpack that was not abandoned
A client was at an entertainment and gaming venue with his wife, having dinner and then playing games. He saw a backpack he believed had been abandoned, picked it up, and walked out to his car with it. By the time he reached the parking lot, the owner had realized it was missing and notified venue security, who called police. Officers reached him as he and his wife were getting into their car.
The backpack and its contents were valued at more than $950, so the case was filed as a felony.
This client had several prior theft convictions. He came in expecting real custody time, either jail as a term of probation or the 16 month, 2 year, or 3 year triad. Because of the number of priors, he did not qualify for diversion even if the charge came down to a misdemeanor, so the usual off-ramp was closed.
What Bryan did instead was treat the underlying problem as the defense. He was able to get the client in front of a psychologist who treated him for a theft compulsion, and then kept that treatment running as the case proceeded.
- Charge Misdemeanor
- Probation 1 year
- Fines and fees About $175
- Counseling 6 months
No custody.
The client who made it harder
A client retained the firm on a petty theft out of a grocery store. Before that case even reached court, he went to another store and took something else.
“Clearly egregious, and to the court offensive, because they didn’t learn from the first time of being arrested.”
That is the honest assessment, and it is worth stating plainly: the single fastest way to lose the benefit of everything a defense lawyer is doing for you is to pick up a second case while the first one is pending. Under PC 666.1 and PC 490.3, it is also now the fastest way to turn two misdemeanors into a felony.
The case was still salvageable, but only because of how it was sequenced. Rather than resolving the first case quickly, Bryan slowed it down and waited until the second case was filed, then presented both together as one picture for judicial diversion. Both were accepted.
Handled separately, in the order they arrived, that outcome would almost certainly not have been available.
Results described on this page are specific to the facts of those cases. Every case is different, and prior outcomes do not predict or guarantee the result in any other matter.
How long an Orange County grand theft case takes
Expect nine months to a year from arraignment to resolution on a typical felony grand theft case. That surprises people who assume a theft case is simple. The time goes into three things:
- Collecting the discovery. Surveillance video, loss prevention reports, police reports, any valuation documentation.
- Mitigation. Counselling, treatment, employment and character documentation, anything that gives the DA and the judge a reason to look at the person rather than the file.
- Restitution. Collecting the money, locating the victim, and getting them to accept it.
A case that moves faster than that is usually one where nothing was built. The slow part is the part that produces the result.
What defending a grand theft case costs
Bryan’s answer to this is direct:
The defense to any kind of theft case depends on the facts of the case, the person’s prior record, and the person’s ability to work with our team.
A case resolved through early restitution and a pre-filing conversation with the DA takes a fraction of the work of a contested case with a disputed valuation, multiple counts, and a trial date. Anyone quoting a flat number before seeing the police report and the record may be quoting a number for a case they have not read.
The consultation is where that gets answered honestly. Call (855) 918-4253 or book a time online.
Where your case will be heard
Orange County theft cases are heard at one of four courthouses, assigned by where the alleged offense took place:
- Central Justice Center, Santa Ana
- North Justice Center, Fullerton
- West Justice Center, Westminster
- Harbor Justice Center, Newport Beach
Addresses and hours are maintained by the court at occourts.org.
One point worth knowing: filing policy does not change between them. The Orange County District Attorney prosecutes the entire county and applies the same rules in every jurisdiction, so the courthouse on your paperwork does not tell you anything about how aggressively your case will be charged. What varies is the individual courtroom and the individual deputy DA, and that is a matter of knowing the building.
Related theft charges
Frequently asked questions
Can a felony grand theft be reduced to a misdemeanor?
Yes. Grand theft is a wobbler, so it can be reduced by the DA before filing, negotiated down during the case, or reduced by the judge under PC 17(b). Paying restitution and challenging the claimed value are the two levers that most often make it happen.
What if I gave the property back?
Returning the property does not undo the offense, because the crime is complete at the moment of the taking with the intent to deprive. It does matter a great deal to how the case resolves, and it makes the restitution conversation much easier. However, it can also be construed as an admission of guilt, so a careful consultation with an experienced criminal defense attorney is advised before doing so.
Does the store or the victim decide whether I get charged?
No. The Orange County District Attorney makes the filing decision. A victim’s position influences it, particularly on restitution, but they cannot drop the case.
Can grand theft be expunged?
A conviction can often be dismissed under PC 1203.4 after probation is completed successfully. Read more about expungement and how to get it and about sealing versus expungement.
I have two old theft convictions and was just cited for shoplifting. Is that a felony?
It can be, under PC 666.1, regardless of how long ago the priors were or how small the current item is. This is the situation where getting a lawyer involved before the filing decision matters most.
Talk to an Orange County grand theft lawyer
The work that changes a theft case happens early, before the DA has settled on a charge and before an offer has been put on the table.
Valuation, intent, and restitution are all easier to move at the front of a case than at the end of one.
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Frequently Asked Questions
These terms are used interchangeably to describe attorneys who defend people accused of crimes. Both criminal lawyers and defense attorneys provide the same services – representing clients facing criminal charges and protecting their legal rights throughout the legal process.
You should contact a criminal defense lawyer immediately after any arrest or if you learn you’re under investigation. Getting a criminal defense lawyer early can help protect your rights, potentially prevent charges from being filed, and ensure you don’t inadvertently harm your case by speaking without representation.
A criminal justice attorney is a broad term including prosecutors, public defenders, and private defense attorneys. A criminal defense attorney specifically represents accused individuals. Understanding the difference between criminal justice and defense attorneys helps you choose the right legal representation for your situation.
Yes, the long-term consequences of a criminal conviction far outweigh attorney fees. A conviction can result in lost employment opportunities, damaged reputation, and potential jail time. Why criminal defense attorneys are worth the investment becomes clear when you consider the lifetime impact of a criminal record.
Criminal defense attorneys defend people accused of crimes, not necessarily criminals. Many clients are law-abiding citizens who made mistakes or are wrongly accused. How criminal defense attorneys protect the innocent is a fundamental part of ensuring everyone receives fair treatment under the law.
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