What Is the Felony Theft Amount in California: $950 and Exceptions

In California, theft becomes a felony when the stolen property, money, or labor is worth more than $950. That makes it grand theft under Penal Code 487, which prosecutors have the option to file as a felony.¹ Theft at or below $950 is petty theft, a misdemeanor.² The felony theft amount in California is $950, but that number alone doesn’t settle what will happen in a given case. Firearms are always grand theft regardless of value, repeat offenders can face felony charges for low-value thefts, and prosecutors can now combine the value of separate thefts to cross the felony line.

What the $950 Line Actually Means

Penal Code 490.2 draws a bright line: theft of $950 or less is petty theft, period. It overrides Section 487 and any other statute that might otherwise push a lower-value theft into felony territory.² So even for property categories that Penal Code 487 names specifically — automobiles, theft directly from a person, certain farm crops and aquacultural products — the charge is grand theft only when the value exceeds $950.³ Most stolen cars clear $950 easily, so for auto theft the distinction rarely matters in practice. For pickpocketing a wallet with $40 in it, the charge is petty theft.

Crossing the $950 line doesn’t automatically send someone to prison. Grand theft is a “wobbler,” meaning the prosecutor chooses whether to file the case as a felony or a misdemeanor. A first-time offender who took $1,100 in merchandise is a very different case from someone with multiple prior convictions who organized a crew to hit several stores. Prosecutors weigh the amount, the defendant’s record, and the circumstances. Judges also have authority to reduce a wobbler felony to a misdemeanor at sentencing or afterward if the facts support it.

When Theft Below $950 Can Still Be a Felony

Firearms

Stealing a firearm is always grand theft, no matter the gun’s value. Penal Code 490.2 carves out firearms from its petty-theft override.² Firearm theft also carries a harsher custody consequence than other grand theft: state prison rather than county jail.⁴

Repeat Theft Offenders Under Prop 36

Proposition 36, approved by voters in November 2024, created Penal Code 666.1. Anyone with two or more prior theft-related convictions who commits another petty theft or shoplifting offense can be charged with a felony under this section. A first conviction under 666.1 is served in county jail; second and subsequent convictions can go to county jail or state prison.⁵ A person stealing $20 in merchandise can face a felony if the record behind them fits.

A separate, narrower provision — Penal Code 666 — applies to petty theft after a prior theft-related conviction, but only when the defendant also falls into a specific group: registered sex offenders, people with prior serious or violent felony convictions, or people convicted of elder abuse. For those individuals, a subsequent petty theft can be punished by up to one year in county jail or time in state prison.⁶

Aggregating Multiple Thefts

Prosecutors can add together the value of items taken as part of a single theft, and if the combined total exceeds $950, the charge becomes grand theft even when no single item hit that number.³ Proposition 36 went further by adding Penal Code 490.3, which lets prosecutors combine the value of property stolen across multiple separate thefts to reach the $950 felony line. Under the old rules, aggregation generally required proof that the thefts were part of a single plan. That requirement is gone.⁵

Penalties if Grand Theft Is Charged as a Felony

Felony grand theft is punishable by 16 months, two years, or three years. For most grand theft convictions, that time is served in county jail under California’s realignment system. Firearm theft is the main exception, sending the defendant to state prison for the same 16-month, two-year, or three-year range.⁴

When grand theft is filed as a misdemeanor instead, the maximum is up to one year in county jail. Petty theft, for comparison, is punishable by up to six months in county jail, a fine of up to $1,000, or both.⁷

High-Value Theft Enhancements

Proposition 36 reactivated the sentencing enhancements under Penal Code 12022.6 for theft involving large dollar amounts. These add to the base sentence:

One additional year for property value over $50,000
Two additional years for property value over $200,000
Three additional years for property value over $1,000,000
Four additional years for property value over $3,000,000, plus one additional year for every further $3,000,000

Prop 36 also added a new enhancement under Penal Code 12022.65 for theft committed with two or more accomplices, carrying one, two, or three additional years.⁵

How the Property Value Is Measured

Whether a theft lands above or below $950 depends on fair market value: the highest price the property could reasonably sell for on the open market at the time and place of the theft.³ That is not the original purchase price, and it is not what the owner believes the item is worth. A three-year-old laptop that cost $1,500 new might have a fair market value of $700 today, which keeps the theft in misdemeanor territory.

What a Felony Conviction Brings Beyond Jail Time

The sentence written into the Penal Code is only part of what a felony grand theft conviction carries. Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.⁸ A felony grand theft conviction fits that definition, and the ban is permanent unless rights are specifically restored. Possessing a single round of ammunition violates the federal prohibition.

For noncitizens, the stakes are higher still. Theft convictions frequently qualify as crimes involving moral turpitude under federal immigration law, which can trigger deportation proceedings or make a person inadmissible for future visas or green card renewals. The specific impact turns on the sentence length, how many convictions exist, and when the offense occurred. The difference between a misdemeanor wobbler outcome and a felony conviction can be life-altering, and criminal defense attorneys handling grand theft cases for noncitizen clients pay close attention to how any plea is structured.

A felony record also creates barriers to employment, professional licensing, and housing. Background checks surface the conviction, and a felony theft conviction is particularly damaging for positions involving money, inventory, or any form of trust.

Clearing a Grand Theft Conviction Later

California law allows a person to seek relief from a grand theft conviction under Penal Code 1203.4. Someone who completed probation — fulfilling every condition for the full term — can petition the court to withdraw the guilty plea and have the case dismissed. Grand theft is not among the offenses excluded from this relief.⁹

The petition requires 15 days’ notice to the prosecutor before the court hears it.⁹ A successful petition does not erase the conviction from every record. Law enforcement and certain government agencies can still see it, and it does not restore federal firearm rights. What it does do is let a person honestly state on most private-sector job and housing applications that they have not been convicted of a felony, which for many people is the most meaningful practical benefit.

1
California Legislative Information. California Penal Code PEN 487 – Grand Theft
2
California Legislative Information. California Penal Code 490.2
3
Justia. CALCRIM No. 1801 – Grand and Petty Theft
4
California Legislative Information. California Penal Code 489
5
California Attorney General. Proposition 36 – The Homelessness, Drug Addiction, and Theft Reduction Act
6
California Legislative Information. California Penal Code 666
7
California Legislative Information. California Penal Code 490
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
California Legislative Information. California Penal Code 1203.4