blog home Theft Crimes How Prior Convictions Impact Grand Theft Sentencing in California

How Prior Convictions Impact Grand Theft Sentencing in California

By San Diego Attorney on December 10, 2025

Being charged with grand theft in California is a serious matter, but for individuals with prior convictions, the stakes are even higher. Whether you have past theft offenses or more severe felony convictions, your sentencing exposure can increase significantly due to California’s sentencing guidelines and enhancement laws.

James N. Dicks is a theft crime lawyer in San Diego at jD LAW where he has gained extensive knowledge of how California courts assess prior convictions, the role of the Three Strikes Law, and what you can do to protect your rights if you are facing felony theft charges.

What Is Grand Theft in California?

Under California Penal Code § 487, grand theft is defined as unlawfully taking property or money valued at more than $950. It may also apply to:

• Theft of property taken directly from a person
• Theft of automobiles or firearms, regardless of value
• Theft involving certain agricultural or aquacultural products above specific dollar thresholds

Grand theft is often referred to as a wobbler offense because it can be charged as either a misdemeanor or a felony, depending on the facts of the case and your criminal history.

The Role of Prior Convictions

If you have prior convictions on your record, especially for theft-related offenses or violent felonies, California courts may impose enhanced penalties. Your prior record can impact:

• Whether your current charge is filed as a felony
• The length and severity of your sentence
• Whether you qualify for probation or alternative sentencing
• Your eligibility for sentence reductions or early release

Repeat Theft Offender Enhancement

Under Penal Code § 666, also known as petty theft with a prior, a misdemeanor theft charge can be elevated to a felony if you have previous theft-related convictions and served time in jail or prison.

Examples of qualifying priors include:

• Petty theft
• Grand theft
• Burglary
• Robbery
• Carjacking
• Receiving stolen property

If you are a repeat theft offender, you may face up to 3 years in county jail under the enhanced charge, even if the current offense would otherwise be a misdemeanor.

The Three Strikes Law and Grand Theft Charges

California’s Three Strikes Law, codified in Penal Code § 667, significantly impacts sentencing for those with prior serious or violent felony convictions. If your record includes these offenses, grand theft sentencing can increase dramatically.

Here’s how the Three Strikes Law works:

• One prior serious/violent felony (second strike): Your sentence for a new felony, like grand theft, is doubled.
• Two or more prior strikes (third strike): You may face 25 years to life in prison, even for nonviolent felonies.

Examples of strike offenses include:

• Residential burglary
• Robbery
• Assault with a deadly weapon
• Certain sex crimes
• Homicide

The Three Strikes Law has been amended to focus more on violent felonies, but courts still have broad discretion. If you are facing grand theft charges and have a qualifying prior, this law can have devastating consequences.

Probation Limitations with Prior Convictions

When determining sentencing, judges consider your criminal history, including probation performance and overall record. Even if your grand theft charge is a first-time felony, prior convictions can influence whether the court grants probation.

Factors that work against probation eligibility include:

• Prior prison terms
• Prior violations of probation or parole
• A pattern of similar offenses
• The presence of multiple active cases

Sentence Enhancements for Aggravating Circumstances

In grand theft cases, prosecutors may pursue additional sentence enhancements for aggravating factors such as:

• Use of a weapon during the theft
• High-value theft (e.g., over $65,000)
• Targeting vulnerable victims (elderly or disabled)
• Organized or repeated schemes (e.g., retail theft rings)

Each enhancement adds time to your sentence, and multiple enhancements can result in years of additional incarceration.

California’s Realignment Law and Exclusionary Priors

Under California’s realignment law (PC § 1170(h), some felonies, including grand theft, are punishable by a county jail term instead of state prison. However, if you have exclusionary prior convictions, you may not be eligible for county jail.

Exclusionary priors include:

• Serious or violent felonies
• Sex offenses requiring registration
• Offenses involving a firearm

This means that your sentence could shift from local jail time (with potential early release or electronic monitoring) to years in state prison simply because of your past record.

Can You Challenge Prior Convictions or Strikes?

In some cases, a skilled San Diego grand theft defense attorney may be able to challenge the validity of prior convictions or file a motion to strike a prior under Penal Code § 1385 (known as a Romero motion).

A successful challenge can:

• Prevent a second or third strike from applying
• Lower the charge from a felony to a misdemeanor
• Make you eligible for probation or diversion

However, these motions require detailed legal analysis and persuasive advocacy. Courts do not routinely grant them, and it takes experienced counsel to know how to argue them effectively.

Have You Been Charged with Grand Theft?

If you are facing grand theft charges and have a criminal record, the most important thing you can do is hire experienced legal representation immediately. Do not speak to investigators or prosecutors without counsel; anything you say can be used to strengthen the case against you.

At jD LAW, we take a proactive and strategic approach to defending clients with priors. Attorney James N. Dicks is a Certified Criminal Law Specialist with over 30 years of experience handling complex theft and felony cases in San Diego. He is also a former LAPD investigator, giving him unique insight into how prosecutors build cases, and how to dismantle them.

Our defense strategies include:

• Challenging the value or ownership of the allegedly stolen property
• Suppressing unlawfully obtained evidence
• Disputing the existence or applicability of prior convictions
• Negotiating reduced charges or alternative sentencing
• Filing motions to strike priors and avoid strike enhancements

Speak With an Experienced Theft Crime Lawyer in San Diego

At jD LAW, we understand how a prior record can complicate any new charge. That is why we build a comprehensive defense strategy designed to challenge the prosecution and protect your freedom. When the consequences are this serious, you need someone who knows the law, and how to use it to your advantage.

Call (760) 630-2000 to schedule your free consultation today.