SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Theft, Shoplifting and Burglary Defense in San Bernardino
A theft or burglary accusation can follow you into job applications and licensing. Learn how California law classifies the charge and what options may exist before you decide anything.
Theft, shoplifting, and burglary are different charges.
California law treats these charges very differently, and the label on your paperwork shapes what follows.
- Theft (Penal Code § 484) covers taking someone else’s property, fraudulently appropriating property entrusted to you, and obtaining money or property by false pretenses.
- Petty theft (§§ 488 and 490.2) generally means property valued at $950 or less. It is ordinarily a misdemeanor.
- Grand theft (§ 487) generally means property worth more than $950, property taken from another person’s body, or certain items such as an automobile or a firearm regardless of value. Under § 489 most grand theft is a “wobbler,” meaning it can be charged as a misdemeanor or a felony.
- Shoplifting (§ 459.5) is entering an open business during regular business hours intending to steal property worth $950 or less. It is ordinarily a misdemeanor, and a person charged with shoplifting may not also be charged with burglary or theft of the same property.
- Burglary (§ 459) is entering a building, a locked vehicle, or another listed place with intent to commit theft or any felony.
How value, location, and prior record change the exposure.
The $950 line from Proposition 47
Since 2014, Proposition 47 has generally capped petty theft and shoplifting at misdemeanor level when the value is $950 or less. There are exceptions. A person with certain prior convictions listed in § 667(e)(2)(C)(iv), or who is required to register under § 290(c), may face felony-level punishment. Theft of a firearm is excluded from § 490.2. Value is often disputed.
Proposition 36 (2024)
Voters approved Proposition 36 in November 2024. It added Penal Code § 490.3, which allows the value from one or more acts of theft or shoplifting to be added together in a single count to determine the degree of theft. It also added § 666.1: a person with two or more prior convictions for listed theft-related offenses who is convicted of petty theft or shoplifting may be punished by up to one year in county jail or under § 1170(h), whatever the value. It also permits referral to theft diversion in some cases.
Burglary degrees
Under § 460, burglary of an inhabited dwelling is first degree, punishable under § 461 by two, four, or six years in state prison. First-degree residential burglary is also listed as a serious felony under § 1192.7(c), which can carry Three Strikes consequences. Other burglaries are second degree and can be charged as a misdemeanor or felony.
| Code section | Why it matters |
|---|---|
| Penal Code § 484 | Defines theft, including taking property, fraudulent appropriation of entrusted property, and obtaining property by false pretenses. |
| Penal Code § 487 | Defines grand theft: generally property over $950, property taken from the person, or an automobile or firearm. |
| Penal Code § 490.2 | Theft of $950 or less is a misdemeanor, with exceptions for certain prior convictions and theft of a firearm. |
| Penal Code § 459.5 | Defines shoplifting ($950 or less, open business, regular hours) and bars also charging burglary or theft of the same property. |
| Penal Code § 460 | Separates first-degree burglary (inhabited dwellings and similar places) from second-degree burglary (all other kinds). |
| Penal Code § 666.1 | Added by Proposition 36 (2024): enhanced punishment for petty theft or shoplifting with two or more qualifying theft-related priors. |
| Penal Code § 1377 | Allows some misdemeanors to be resolved by civil compromise under § 1378, subject to listed exclusions and the court’s discretion. |
Questions a careful defense asks.
Depending on the case, the review may involve:
- Whether there was intent to steal at the time of entry, which burglary and shoplifting both require.
- How value was measured, and whether separate incidents were properly aggregated.
- Surveillance video, loss-prevention reports, and identification procedures.
- The lawfulness of any detention, search, or statements taken.
- Whether the record supports a reduction, diversion where authorized, or a negotiated resolution.
Civil compromise
For some misdemeanors, Penal Code §§ 1377 and 1378 allow a case to be resolved by civil compromise. If the injured person has a civil remedy, appears before trial, and acknowledges receiving satisfaction, the court may in its discretion stay the prosecution and discharge the defendant. It bars another prosecution for the same offense. It is not available in every case: the statute excludes offenses committed with intent to commit a felony, offenses against family or household members, and several other categories.
What to expect in San Bernardino County.
Theft and burglary cases in the county are prosecuted by the San Bernardino County District Attorney. A case may begin with a citation, or with an arrest and booking at a facility such as the Central Detention Center or the West Valley Detention Center, followed by bail or release conditions.
Many San Bernardino-area cases are heard at the San Bernardino Justice Center, 247 W 3rd St. At arraignment, charges are read and a plea is entered. Felony cases usually include a preliminary hearing on whether the evidence is enough to proceed. Check your paperwork for the correct courthouse, or see the San Bernardino Superior Court.
James M. Glick has practiced criminal defense since 1974. A San Bernardino native, he handles about 99% of his cases in San Bernardino County. Bring your charging papers, any civil demand letter from a store, and your next court date when you call.
Common theft and burglary questions
Is shoplifting a felony in California?
Shoplifting under Penal Code § 459.5 involves property worth $950 or less and is ordinarily a misdemeanor. Felony-level punishment is possible for a person with certain serious prior convictions or a § 290(c) registration requirement, and, since Proposition 36, for a person with two or more qualifying prior theft-related convictions. Entering with intent to steal more than $950 can be charged as burglary.
Is grand theft a felony or a misdemeanor?
Most grand theft is a wobbler. Under Penal Code § 489, it can be punished by up to one year in county jail or by a sentence under § 1170(h), so the prosecution may file it either way, and the court may have discretion to treat it as a misdemeanor. Theft of a firearm has its own punishment rule. The filing decision, prior record, and facts of the case all matter.
Can theft charges be dropped if I pay the store back?
Paying restitution does not automatically end a criminal case. For some misdemeanors, a civil compromise under Penal Code §§ 1377 and 1378 may be possible if the injured party appears before trial and acknowledges satisfaction, but the court has discretion and several categories are excluded. A store’s civil demand letter is separate from the criminal case. Ask before you pay or sign anything.
Is it burglary if nothing was taken?
It can be. Under Penal Code § 459, burglary is complete upon entry with intent to commit theft or a felony, so the prosecution does not have to show that anything was taken. That makes intent at the moment of entry a central issue, and the evidence on that point deserves close review.
What happens at arraignment in San Bernardino?
At arraignment you are formally told the charges, advised of your rights, and asked to enter a plea. The court may also address release conditions or bail and set future dates. In felony cases, a preliminary hearing is usually scheduled. Missing the date can lead to a bench warrant, so contact counsel before the hearing if possible.
Talk through the charge before you decide.
Tell the office what you are charged with and your court date. Call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.