Felony Theft Amount and Penalties in California

Grand theft is committed where the value of the property taken exceeds $950; grand theft is a 'wobbler' that can be punished as either a felony or a misdemeanor. If the value exceeds $950 over multiple acts of theft, the values may be aggregated to charge a single count of grand theft (Penal Code § 490.3). Under Proposition 47 (Penal Code § 490.2), obtaining property by theft where the value does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor; petty theft is punishable by up to six months in county jail. With the passage of Proposition 36 in November 2024, prosecutors may charge repeat theft offenders with a felony instead of a misdemeanor (Penal Code § 666.1).

California does not group felonies into lettered classes; each statute sets its own term, usually as a 'triad' of lower, middle and upper terms. The default rule: "Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170" (in which case the term is served in county jail). Many offenses are 'wobblers' that can be charged as either a felony or a misdemeanor.

California has no misdemeanor classes. A misdemeanor is, by default, a crime punishable, at the discretion of the court, by imprisonment in a county jail for a period of no longer than 6 months or by a fine not exceeding $1,000 or by both; individual statutes may set other penalties. An infraction is a violation of a law not punishable by imprisonment but by a fine generally not exceeding $100 for violations of the Vehicle Code or $250 for violations of other codes.