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Legal Options and Defense Strategies for Theft Charges in San Diego

By San Diego Attorney on September 12, 2025

Facing a theft charge in San Diego can be a life-altering experience. Theft crimes carry the potential for jail time, hefty fines, and long-term damage to your record and reputation. But with the help of a knowledgeable San Diego criminal defense lawyer, you can take strategic steps to fight the charges and protect your future.

Misdemeanor vs. Felony Theft: Understanding the Difference

There are two major types of theft crimes in California: grand theft and petty theft. These crimes are primarily categorized based on the value and type of property taken, as well as prior criminal history:

• Misdemeanor Theft (also called petty theft) applies when the stolen property is valued at $950 or less. Examples include shoplifting, minor fraud, or theft of inexpensive items. A conviction carries up to 6 months in county jail, a fine up to $1,000, probation, and restitution.
• Felony Theft (commonly called grand theft) generally involves property over $950 or items with inherent severity like firearms, cars, or items taken directly from another person (e.g., robbery). A conviction carries 16 months, 2 years, or 3 years in state prison, substantial fines, and a formal felony record.

Some offenses are wobblers, meaning they can be charged either way depending on the particular circumstances of the case and the defendant’s criminal background.

For people with prior convictions or those accused of repeat offenses, the theft penalties that California courts impose can be especially severe. Repeat petty theft can even be elevated to a felony under Penal Code Section 666.

Recent Legal Changes Impacting Theft Charges

In recent years, California lawmakers have made several key reforms that can provide a path to resolution without long-term consequences if handled properly by an experienced attorney:

• Proposition 47 reclassified certain felony theft crimes as misdemeanors, benefiting many first-time, non-violent offenders.
• Increased Diversion Access: More theft defendants may now qualify for pretrial diversion programs that lead to charge dismissal upon completion.
• Restorative Justice Initiatives: San Diego has embraced community justice and restorative practices for minor theft offenses, especially among youth and first-time offenders.

Your Legal Rights When Facing Theft Charges

Every person charged with a crime in California has specific legal protections, including:

• The right to remain silent
• The right to consult a lawyer
• The right to a fair and speedy trial
• The right to challenge evidence and confront witnesses

Exercising these legal rights during a theft investigation is critical. Statements made without legal representation can harm your case. You should always consult a San Diego criminal defense lawyer before speaking to police, store investigators, or prosecutors.

Defense Attorney Strategies for Theft Charge Defense in San Diego

Effective defense strategies for theft charges include:

1. Lack of Intent: Theft requires the intent to permanently deprive the owner of their property. If you mistakenly took the item or believed it was yours, this may negate intent.
2. Consent: If the owner allowed you to borrow or take the item, it could be a complete defense.
3. Mistaken Identity: Eyewitness errors or unclear surveillance footage can lead to wrongful accusations.
4. Illegal Search and Seizure: If your property was searched without a warrant or probable cause, your attorney may suppress the evidence.
5. Entrapment: If law enforcement pressured or tricked you into committing a crime you otherwise would not have committed.
6. Diversion Programs: For qualifying individuals, we can pursue alternatives like diversion programs or deferred judgment.

How a Criminal Defense Lawyer Can Help

Handling a theft case alone can put your future at risk. The courts can be unforgiving, and even a misdemeanor can impact employment, housing, immigration status, and more.

A defense lawyer with local experience brings numerous advantages:

• In-depth knowledge of San Diego court procedures and personnel
• Ability to negotiate with prosecutors for charge reductions or dismissals
• Experience in presenting compelling cases in court
• Familiarity with recent legal reforms and diversion options

At jD Law Criminal Defense Attorneys, we have over three decades of experience representing clients accused of theft in San Diego County. Our lead attorney is a Certified Criminal Law Specialist and a former law enforcement officer who understands every angle of a criminal prosecution.

What to Do If You Are Charged With Theft

1. Remain Silent: Politely refuse to answer questions until your attorney is present.
2. Document the Event: Write down your version of what happened while it is fresh in your mind.
3. Preserve Evidence: Hold on to receipts, text messages, or any proof that may support your case.
4. Contact an Attorney Immediately: The sooner you seek legal counsel, the better your chances of a favorable outcome.

Frequently Asked Questions

Will a theft charge show up on a background check?

Yes. A theft arrest or conviction may appear on criminal background checks unless sealed or expunged.

Can I go to jail for shoplifting in California?

Yes, particularly if the value exceeds $950 or if you have prior convictions. However, alternatives to jail are available in many cases.

What if I return the stolen item?

Returning the item does not automatically dismiss the charges, but it may be used to negotiate a reduced sentence or diversion.

Can I get a theft charge expunged?

In many cases, yes. If you successfully complete probation, your lawyer can petition for expungement.

Is it worth hiring a lawyer for a misdemeanor theft?

Absolutely. Even misdemeanor theft can have long-term consequences. An attorney can help reduce or dismiss the charge.

Speak With Our Trusted Theft Charges Attorney in San Diego

A theft charge does not have to define your future. jD Law Criminal Defense Attorneys offers aggressive legal defense in San Diego that gets results.

If you or someone you love is facing theft charges, call (760) 630-2000 to learn more today. Our theft charges lawyer can find the best strategy to get the charges against you reduced or dismissed.