Sacramento Theft Defense Attorney

Charged With Theft In The Sacramento Area?

If you or someone you care about has been arrested or accused of theft in or around Sacramento, you are likely worried about jail, your job, and your future. You may be seeing terms like petty theft, grand theft, shoplifting, or embezzlement on your paperwork and not know what they really mean.

At Walsh Law, we focus exclusively on criminal defense and regularly defend people facing theft and larceny allegations in Northern California. Our firm is led by Chris Walsh, a former Chief Assistant District Attorney with more than 19 years of criminal law experience and over 100 jury trials. We understand how prosecutors approach these cases and what it takes to confront them in court.

You do not have to navigate this alone. There are steps we can take with you right now to protect your rights, prepare for court at Sacramento County Superior Court, and work toward the best result that the facts allow.

Contact our firm today at (916) 610-3558 to schedule a free case evaluation.

What is Theft in California?

In California, theft is broadly defined under Penal Code 484. It occurs when a person takes the property of another without consent and with the specific intent to deprive the owner of that property permanently (or for an extended period of time).

To secure a conviction, the prosecution must prove several elements:

• You took possession of property owned by someone else.
• You did not have the owner's consent.
• You intended to deprive the owner of the property permanently.
• You moved the property—even a slight distance—and kept it for a period of time.

California law covers various methods of theft, including theft by larceny (physically taking), theft by trick (using deceit), theft by embezzlement (stealing property entrusted to you), and theft by false pretenses.

Petty Theft vs. Grand Theft

The severity of a theft charge in California is largely determined by the value of the property involved. Recent legislative changes, including Proposition 36 (effective late 2024/2025), have significantly stiffened the penalties for repeat offenders.

Petty Theft (PC 484 & 488)

Generally, if the value of the property stolen is $950 or less, the crime is charged as petty theft.

• Classification: Misdemeanor.
• Penalties: Up to six months in county jail and fines of up to $1,000.
• Note: Under new laws, if you have two or more prior theft convictions, a new petty theft charge can be elevated to a felony ("Petty Theft with a Prior").

Grand Theft (PC 487)

Grand theft is charged when the value of the stolen property exceeds $950. Additionally, certain items automatically trigger a grand theft charge regardless of their market value, such as:

• Firearms (Grand Theft Firearm)
• Automobiles (Grand Theft Auto)
• Property taken directly from the person of another (pickpocketing)

Grand theft is a "wobbler," meaning the prosecutor can charge it as either a misdemeanor or a felony. A felony conviction can result in up to three years in state prison.

Common Theft Offenses in Sacramento

Our legal team provides comprehensive defense strategies for a wide range of property crimes, including:

• Shoplifting (PC 459.5): Entering a commercial establishment during business hours with the intent to steal property worth $950 or less.
• Burglary (PC 459): Entering a building, room, or vehicle with the intent to commit a felony or a theft once inside.
• Robbery (PC 211): Taking property from someone’s person or immediate presence through the use of force or fear. This is always a felony.
• Receiving Stolen Property (PC 496): Buying or receiving property that you know (or should have known) was stolen.
• Embezzlement (PC 503): The fraudulent appropriation of property by a person to whom it has been entrusted.
• Identity Theft (PC 530.5): Using someone else's personal identifying information for an unlawful purpose.

Proven Defense Strategies

Every case is unique, but at Walsh Law, we explore every possible avenue for defense. Common strategies include:

• Lack of Intent: Theft requires the specific intent to steal. If you accidentally walked out of a store with an item or believed the property was yours, you lack the required criminal intent.
• Claim of Right: If you had a good-faith belief that you had a legitimate claim to the property, it may serve as a defense to theft.
• Mistaken Identity: Poor surveillance footage or unreliable eyewitnesses often lead to the wrong person being charged.
• Consent: If the owner gave you permission to take or use the property, no crime was committed.
• Illegal Search and Seizure: If the evidence against you was obtained in violation of your Fourth Amendment rights, we can move to have that evidence suppressed.

Theft FAQs

Will I go to jail for a first-time petty theft?

While jail is a possibility (up to six months), first-time offenders in Sacramento may be eligible for diversion programs. If completed successfully, these programs can lead to the dismissal of your charges, keeping your record clean.

Can multiple thefts be added together?

Yes. Under recent California reforms, prosecutors can now aggregate (add up) the value of property stolen in separate incidents to reach the $950 threshold for felony Grand Theft, especially in cases of organized retail theft.

How does Proposition 36 affect my case?

If you are being charged in 2025 or 2026 and have prior theft convictions, the stakes are much higher. Prop 36 allows for felony charges and harsher sentencing for "career" shoplifters and those involved in organized retail rings.

Can a theft conviction be expunged?

In many cases, yes. If you successfully complete your probation and did not serve time in state prison, you may be eligible to have your conviction expunged under PC 1203.4.

Why Work With Walsh Law

When you are facing a theft charge, who stands beside you matters. Chris Walsh spent years as a prosecutor in Nevada County and as a deputy district attorney in Kings, Fresno, and Santa Clara counties. That experience gives our team a detailed understanding of how district attorneys evaluate evidence, decide which theft charges to file, and approach plea negotiations.

We use that insight every day in theft and larceny cases. We study how the prosecution is likely to present its version of events and where the weaknesses may be. Because Chris has personally tried more than 100 jury trials, we know how police reports, surveillance footage, and witness testimony usually play in front of a jury, and we build defenses with that reality in mind.

Our firm is also different from many high-volume practices. We intentionally accept a limited number of cases so that each client receives the attention their situation deserves. That means time spent going through the details of what happened inside a store, at a workplace, or during an arrest, not just a quick review before court. It also means you work closely with our team, not just a rotating cast of faces.

Chris Walsh has been recognized as Prosecutor of the Year twice in Fresno County, was nominated for Trial Attorney of the Year in Santa Clara County, and is listed among the Top 100 Trial Lawyers and Lawyers of Distinction in Criminal Law. These honors reflect years of hard work in courtrooms across California. Today, we bring that same drive to defending people accused of theft, with the goal of protecting their rights and future.

Call (916) 610-3558 to speak with our criminal defense team about your theft case.