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Repeat Theft Offender? Why Prosecutors in San Diego Are Seeking Tougher Penalties in 2025

By San Diego Attorney on May 16, 2025

If you’ve been arrested for theft before and are now facing new charges in San Diego, your case may be more serious than you realize. In 2025, prosecutors throughout San Diego County are ramping up efforts to penalize repeat theft offenders more aggressively, using enhanced sentencing laws and prior convictions to push for felony convictions and longer jail terms.

Repeat Theft Offenders Are Under More Scrutiny

California has seen a steady increase in public concern over organized retail crime and repeat theft incidents. In response, San Diego prosecutors are no longer viewing petty theft as a low-priority offense, especially when someone has prior convictions. The justice system is shifting from leniency to accountability—and repeat offenders are their prime focus.

These trends are driven by:

• Media attention on retail theft across California
• Pressure from business groups to crack down on shoplifting
• State legislation encouraging stiffer penalties for repeat conduct
• Voter concern over crime rates and perceived policy softness

Even thefts involving merchandise worth less than $950—typically a misdemeanor—can become felonies when prior convictions are involved, thanks to theft enhancements in CA law.

Theft Enhancements in California

Under California Penal Code Section 666 PC, known as petty theft with a prior, someone who has been convicted of certain theft-related offenses and served time can be charged with a felony for what would otherwise be a misdemeanor offense.

You may be facing theft enhancements in CA if:

• You have one or more prior convictions for theft-related crimes (e.g., shoplifting, burglary, robbery, receiving stolen property, identity theft)
• You served time in jail or prison for those crimes
• You are now accused of another theft offense, regardless of value
• You have also been convicted of certain violent or serious felonies (such as sex offenses or elder abuse)

These enhancements increase sentencing exposure, meaning you could face:

• Up to 3 years in county jail (or state prison in some circumstances)
• Formal probation with restrictive terms
• Restitution, fines, and a permanent felony record

Are You Facing Multiple Theft Charges?

If you are facing multiple theft charges, either from the same incident or multiple cases filed separately, San Diego prosecutors may consolidate charges and pursue harsher penalties. Theft charges can include:

• Petty theft (under $950)
• Grand theft (over $950)
• Shoplifting under Penal Code 459.5 PC
• Commercial burglary (entering a store with intent to steal)
• Organized retail theft under Penal Code 490.4 PC

In cases with multiple counts, the risk of felony sentencing increases significantly. This is especially true if prosecutors believe there was intent, premeditation, or coordinated action.

Prior convictions amplify this effect, and can lead to San Diego felony sentencing under the state’s Three Strikes law if the priors were serious or violent felonies.

What Happens If You’re a Repeat Offender?

Once law enforcement identifies you as a repeat offender, they may submit your case for enhanced review by special prosecution units focused on property crime. These prosecutors:

• Dig into your criminal history
• Analyze patterns of behavior
• Recommend aggravated charges
• Push for felony-level sentencing, even on minor allegations

Without early legal intervention, your case may be filed in a way that makes it difficult to reduce charges later. That is why you shouldn’t wait for your arraignment to speak to a San Diego theft defense attorney.

Common Misconceptions About Repeat Theft Cases

Many people arrested for theft—especially repeat offenses—make the mistake of underestimating the consequences. Here are some myths we routinely correct:

Myth #1: “If It’s Just Shoplifting, It’s No Big Deal”

Reality: Shoplifting with a prior conviction can be filed as a felony, not a citation or fine.

Myth #2: “I Already Did Time for My Last Case—That’s Over”

Reality: Past convictions do not disappear. They are used by prosecutors to file enhanced charges and pursue tougher sentencing.

Myth #3: “I Can Explain It in Court Without a Lawyer”

Reality: Self-representation rarely works in theft cases involving enhancements. The prosecutor will have already prepared evidence of prior offenses and may frame the case as part of a broader pattern of criminal behavior.

Building an Effective Case Strategy:

Whether you have been arrested, cited, or are under investigation, the smartest move is to speak with a San Diego criminal defense lawyer as early as possible. Here’s how early action can benefit you:

Charge Reduction Before Filing

If your attorney contacts the District Attorney before charges are officially filed, it may be possible to provide mitigating information or negotiate reduced charges. In some cases, charges can be avoided altogether.

Diversion or Alternative Sentencing

While San Diego prosecutors are tough on repeat offenders, some cases—particularly those involving mental health or addiction—may qualify for diversion programs. But these options require attorney advocacy and usually must be proposed before arraignment.

Challenge Prior Convictions

If any of your past theft convictions were improperly recorded or are otherwise challengeable, your attorney can move to exclude them from enhancement consideration.

Prepare for Sentencing Mitigation

If conviction is likely, your attorney can begin building a mitigation package that includes employment records, community ties, treatment plans, and more—factors that can reduce your sentence or help you avoid jail altogether.

Reason to Choose jD Law Criminal Defense Attorneys

Attorney James N. Dicks has decades of experience defending theft cases throughout California. As a former LAPD investigator, he knows how law enforcement builds repeat offender cases—and how to take them apart. As a Certified Criminal Law Specialist, he brings a level of insight and precision that very few attorneys can match.

When you work with jD Law Criminal Defense Attorneys, you get:

• Direct access to an experienced attorney—not just a legal assistant
• A deep understanding of local court procedures in San Diego felony sentencing
• Proven success in fighting theft enhancements and protecting clients from repeat offender consequences
• Spanish-speaking attorney and staff for full client support

Speak With an Experienced San Diego Criminal Defense Lawyer Today

If you’re facing theft charges and you have a prior record, time isn’t on your side. San Diego prosecutors are actively seeking tougher penalties for repeat theft offenses—and every day you wait makes the case harder to defend.

Contact jD Law Criminal Defense Attorneys today by calling (760) 630-2000 to schedule a free consultation.

The decisions you make right now will define your future.