Aggressive Defense Against Robbery, Burglary, Theft, Shoplifting & Property Crime Charges
Theft and robbery charges in Los Angeles County carry serious consequences that can destroy your future: years in state prison, permanent felony convictions, massive fines and restitution, loss of professional licenses, immigration consequences for non-citizens, and a criminal record that follows you for life. Whether you’re facing charges for shoplifting, petty theft, grand theft, burglary, robbery, auto theft, organized retail theft, receiving stolen property, or any other property crime, the penalties are severe and prosecutors are aggressive—especially in light of recent changes under California’s Proposition 36.
At Tu Defensor Criminalista, we provide strategic, aggressive defense for clients facing all types of theft and robbery charges throughout Los Angeles County, including Diamond Bar, Pomona, Walnut, Rowland Heights, La Verne, San Dimas, West Covina, Covina, Claremont, and surrounding communities in the San Gabriel Valley and Inland Empire. Led by Attorney Armando Josué Cespedes—who holds a perfect 5.0 rating on Avvo with 34 five-star reviews and has earned three consecutive Client’s Choice Awards (2023, 2024, 2025)—our firm has extensive experience defending property crime cases in Pomona Superior Court and throughout Southern California.
We understand that theft charges often arise from misunderstandings, false accusations, desperation, or mistakes—not criminal intent. We thoroughly investigate every case, challenge weak evidence, expose procedural violations, negotiate favorable plea agreements, and fight aggressively to protect your freedom and your future.
Call (888) 315-3326 now for a free, confidential consultation. We’re available 24/7. Don’t face theft or robbery charges alone.
Understanding Theft & Robbery in Los Angeles County
Los Angeles County experiences significant property crime challenges. Understanding the scope of these crimes and recent enforcement trends is essential for anyone facing theft or robbery charges.
California Statewide Property Crime Statistics
According to the California Department of Justice’s 2024 crime report, California’s property crime rate in 2023 was 2,294 per 100,000 residents, representing a 0.8% decrease from 2022 and 0.3% below the 2019 pre-pandemic level. Of all reported property crimes in California in 2023, larceny thefts accounted for 63% of cases, burglaries represented 15%, and motor vehicle thefts comprised 22%, per California DOJ data.
Larceny and burglary decreased by 2.4% and 6.7% respectively in 2023 and are now 7.7% and 10.0% below their 2019 levels, according to the Public Policy Institute of California’s Crime Trends analysis.
The Public Policy Institute of California (PPIC), analyzing data from the California Department of Justice’s Criminal Justice Statistics Center, reports that in 2024, the property crime rate dropped by 10% compared to 2023, reaching the lowest level recorded since at least 1985. However, while most property crime categories decreased, shoplifting increased by 13.8% in 2024, rising 47.5% compared to 2019 levels.
Los Angeles County Property Crime Trends
Property crime increased 4.7% in Los Angeles County from 2022 to 2023, according to PPIC analysis of California Department of Justice data. Los Angeles County property crimes represent a substantial portion of the state’s total, with property crimes accounting for approximately 75-80% of all reported crimes in the region.
According to the California Board of State and Community Corrections, Los Angeles County reports consistently high volumes of property crime across all categories, making aggressive defense representation essential for anyone facing charges.
Robbery Statistics (Violent Crime Category)
Robbery is classified as a violent crime because it involves force or fear. According to the California Department of Justice, robbery increased 3.8% statewide in 2023, though robberies remain 3.1% below pre-pandemic levels. In 2024, robberies decreased by 6.3% statewide, according to preliminary California DOJ data.
Robberies represented approximately 35% of violent crimes in Los Angeles County in 2017, according to the California Board of State and Community Corrections demographic data. ThePublic Policy Institute of California reports that while robberies involving firearms are 11.5% higher in 2023 compared to 2019, the share of robberies involving firearms declined from 23.6% to 20.5%.
Organized Retail Theft Enforcement
Between October 2023 and March 2025, state-funded local law enforcement operations resulted in the arrest of more than 22,100 suspects and the referral of nearly 17,100 cases for prosecution, according to a July 2025 announcement from the California Governor’s Office. Law enforcement agencies recovered nearly $150 million in stolen property during this period through California’s organized retail theft initiative.
Recent Policy Changes: Proposition 36
California voters passed Proposition 36 in November 2024, which took effect December 18, 2024. This measure significantly increased penalties for repeat theft offenders and reversed key provisions of Proposition 47 (2014), which had reclassified most thefts of property valued under $950 as misdemeanors.
California Theft Laws: Understanding the Charges
Petty Theft (PC § 484/488)
The Crime: Taking property valued at $950 or less belonging to someone else with intent to permanently deprive them of it.
Elements:
- You took possession of property owned by someone else
- You took it without owner’s consent
- You intended to deprive owner of property permanently (or for extended period)
- You moved the property (even slightly) and kept it for any period of time
Penalties (First Offense):
- Misdemeanor
- Up to 6 months in county jail
- Fines up to $1,000
- Probation
NEW UNDER PROPOSITION 36 (effective December 18, 2024):
- PC § 666.1 – Petty Theft with Priors: If you have TWO or more prior theft convictions (at ANY time, no time limit), petty theft/shoplifting becomes a WOBBLER offense
- Can be charged as felony: up to 3 years in county jail or state prison
- Mandatory judicial review before release from custody
- DNA collection required
- This represents MAJOR change from Proposition 47 (2014) which made almost all theft under $950 a misdemeanor
Grand Theft (PC § 487)
The Crime: Taking property valued at more than $950, OR taking specific items regardless of value.
Background: In 2011, California law raised the lower limit of felony theft from $400 to $950, according to the California Department of Justice’s Crimes and Clearances context document.
Grand Theft Categories:
Grand Theft (Value):
- Property worth more than $950
- Wobbler: misdemeanor or felony
Grand Theft (Specific Property Regardless of Value):
- Firearms (any value)
- Automobiles (any value)
- Horses, certain agricultural products
Penalties:
- Misdemeanor: Up to 1 year county jail
- Felony: 16 months, 2 years, or 3 years in county jail or state prison
- Fines up to $10,000
- Restitution to victim
Aggravating Factors:
- Value $65,000-$200,000: Additional 1 year
- Value $200,000-$1,300,000: Additional 2 years
- Value $1,300,000-$3,200,000: Additional 3 years
- Value over $3,200,000: Additional 4 years
Shoplifting (PC § 459.5)
The Crime: Entering commercial establishment during business hours with intent to steal property valued at $950 or less.
Created by Proposition 47 (2014): Reduced most shoplifting to misdemeanor.
Penalties:
- Misdemeanor (first offense)
- Up to 6 months county jail
- Fines up to $1,000
Recent Trends:
According to PPIC analysis of California DOJ data, shoplifting increased 13.8% in 2024 compared to 2023. When combining reported shoplifting and commercial burglary incidents, retail theft increased by 3% in 2024 and is now 22.8% higher than 2019 levels.
NEW UNDER PROPOSITION 36:
- With TWO or more prior theft convictions, shoplifting becomes wobbler under PC § 666.1
- Can be charged as felony with up to 3 years incarceration
Burglary (PC § 459)
The Crime: Entering any building, room, or locked vehicle with intent to commit theft or any felony.
First-Degree Burglary (Residential):
- Burglary of inhabited dwelling
- Always a felony
- 2, 4, or 6 years in state prison
- STRIKE OFFENSE under Three Strikes Law
- Counts as “violent felony”
- Must serve 85% of sentence
Second-Degree Burglary (Commercial):
- Burglary of commercial building, vehicle, or other structure
- Wobbler: misdemeanor or felony
- Misdemeanor: Up to 1 year county jail
- Felony: 16 months, 2 years, or 3 years in county jail
According to PPIC, burglary decreased 6.7% statewide in 2023 and fell an additional 10% in 2024.
Critical Fact: You don’t have to actually steal anything. Entry with intent to steal (or commit any felony) is sufficient.
Robbery (PC § 211)
The Crime: Taking property from another person’s immediate presence against their will by force or fear.
Elements:
- You took property that wasn’t yours
- Property was in someone else’s possession or immediate presence
- You took it against their will
- You used force or fear to take it or prevent resistance
- You intended to permanently deprive them of property
Critical Distinction from Theft: Robbery involves FORCE OR FEAR. This makes it a VIOLENT CRIME, not just a property crime.
Degrees:
First-Degree Robbery:
- Robbery of person in inhabited dwelling
- Robbery of driver/passenger of vehicle for hire (taxi, Uber, bus, etc.)
- Robbery at ATM or immediately after using ATM
- Penalties: 3, 4, or 6 years in state prison
Second-Degree Robbery:
- All other robberies
- Penalties: 2, 3, or 5 years in state prison
ALL Robbery is:
- Always a felony (never a misdemeanor)
- STRIKE OFFENSE under Three Strikes Law
- VIOLENT FELONY (must serve 85% of sentence)
- Legal presumption of state prison (not probation)
Enhanced Penalties:
- Robbery in concert (2+ people): Additional 1-6 years
- Victim suffers great bodily injury: Additional 3-6 years
- Use of firearm: Additional 10, 20 years, or 25 years to life under PC § 12022.53
Immigration Consequences: Robbery is an “aggravated felony” under immigration law, resulting in mandatory deportation with no relief available.
Auto Theft (VC § 10851)
The Crime: Driving or taking someone else’s vehicle without consent.
Penalties:
- Wobbler (usually charged as felony)
- Misdemeanor: Up to 1 year county jail
- Felony: 16 months, 2 years, or 3 years in county jail or state prison
Related Offenses:
- Unlawful Taking/Driving (Joyriding): Taking vehicle temporarily without intent to permanently deprive
- Carjacking (PC § 215): Taking vehicle using force or fear (3-9 years prison, STRIKE)
Recent Trends:
According to the California Governor’s Office (July 2025), the number of vehicles stolen statewide dropped by 13% from 2023 to 2024—the first year-over-year decrease since 2019. Of those vehicles stolen, nearly 92% of cars, trucks and SUVs were successfully recovered. PPIC reports that auto theft fell by 11.9% in 2024, though it remains 23% higher than 2019 levels.
Receiving Stolen Property (PC § 496)
The Crime: Buying, receiving, concealing, selling, or withholding property that you knew was stolen.
Elements:
- You bought, received, concealed, sold, or withheld property
- The property was stolen
- You knew the property was stolen (or should have known based on circumstances)
Penalties:
- Wobbler
- Misdemeanor: Up to 1 year county jail
- Felony: 16 months, 2 years, or 3 years in county jail or state prison
Common Scenarios:
- Buying electronics, jewelry, tools at suspiciously low prices
- Possessing property with serial numbers removed
- Operating “fencing” operation
Defense: Lack of knowledge property was stolen.
Organized Retail Theft (PC § 490.4)
The Crime: Acting in concert with others to steal merchandise from retail establishments for purpose of reselling.
Enhanced Under Proposition 36:
- Previously set to expire, now permanent
- Increased penalties for organized theft rings
According to the California Governor’s Office, between October 2023 and March 2025, law enforcement recovered nearly $150 million in stolen property through state-funded organized retail theft operations.
Penalties:
- Wobbler
- Enhanced if value exceeds certain thresholds
- Conspiracy charges often added
Embezzlement (PC § 503/504)
The Crime: Fraudulently appropriating property entrusted to you by another person.
Common Examples:
- Employee stealing from employer
- Trustee stealing from trust
- Accountant stealing from clients
- Caregiver stealing from elderly person
Penalties: Same as grand theft or petty theft depending on value.
Identity Theft (PC § 530.5)
The Crime: Willfully obtaining someone else’s personal identifying information and using it for unlawful purpose.
Penalties:
- Wobbler
- Misdemeanor: Up to 1 year county jail, $1,000 fine
- Felony: 16 months, 2 years, or 3 years in county jail, $10,000 fine
Proposition 36: Major Changes to California Theft Laws (Effective December 18, 2024)
California voters passed Proposition 36 in November 2024, fundamentally changing theft penalties and reversing many provisions of Proposition 47 (2014). According to the Center on Juvenile and Criminal Justice, California’s property crime rates reached their lowest levels ever recorded in 2024—before Proposition 36 even took effect.
Key Changes:
1. New PC § 666.1 – Petty Theft with Priors (Wobbler Offense)
Who it affects:
- Anyone charged with petty theft OR shoplifting
- Who has TWO or more prior convictions for theft offenses (petty theft, grand theft, shoplifting, burglary, robbery, receiving stolen property, auto theft, etc.)
- No time limit on priors (can be from decades ago)
New penalties:
- Can be charged as FELONY wobbler
- Up to 3 years in county jail or state prison
- Mandatory judicial review before release from custody
- DNA collection required
Impact: This is MAJOR change. Under Prop 47, theft under $950 was almost always misdemeanor. Now, repeat offenders face felony charges and prison time.
2. Aggregation of Thefts Across Multiple Victims/Counties (AB 2943)
Change: Multiple thefts can now be aggregated to reach $950 threshold for grand theft, even if:
- Different victims
- Different counties
- Different occasions (if part of common scheme)
Example: You shoplift $300 from Target in Los Angeles, $400 from Walmart in Orange County, and $300 from CVS in San Bernardino—all within short time period. Previously three separate petty thefts (misdemeanors). Now can be aggregated to $1,000 and charged as single count of GRAND THEFT (felony).
3. Property Damage Enhancement (AB 1960)
Change: If theft causes $50,000+ in property damage, additional 1-3 year enhancement.
4. Extended Probation for Theft Crimes (AB 2943)
Change: Probation for theft offenses increased from 1 year to 2 years.
5. Cross-Jurisdictional Charging Restored (AB 1779)
Change: DA can now charge thefts that occurred in multiple counties in single case.
6. Retail Crime Restraining Orders (AB 3209)
Change: Courts can issue restraining orders barring convicted shoplifters from specific stores or shopping areas.
7. Organized Retail Theft Made Permanent
Change: PC § 490.4 (organized retail theft) made permanent with enhanced penalties. Previously set to expire.
Los Angeles County Impact:
- LA County DA’s Office has filed thousands of felony charges under new laws
- Aggressive prosecution of repeat offenders
- Task forces targeting organized retail theft rings
Common Defenses to Theft & Robbery Charges
At Tu Defensor Criminalista, we build strategic defenses tailored to your specific case. Common defenses include:
1. Lack of Intent to Steal
The Defense: You didn’t intend to permanently deprive the owner of property.
Examples:
- You intended to borrow item and return it
- You mistakenly believed item was yours or abandoned
- You forgot to pay (walked out of store without realizing)
- You intended to pay later
Why it works: Theft requires specific intent to permanently deprive. Without that intent, no theft occurred.
2. Claim of Right / Good Faith Belief of Ownership
The Defense: You honestly believed you had right to the property.
Examples:
- Property dispute between roommates, family members, or ex-partners
- You believed you were owed money and took property as compensation
- Confusion over ownership
Why it works: If you genuinely believed property was yours (even if mistaken), you lacked criminal intent.
3. False Accusation
The Defense: You didn’t commit the theft—someone else did or accuser is lying.
Common scenarios:
- Retail employee falsely accuses you of shoplifting
- Ex-partner falsely reports you stole their property
- Employer falsely accuses you of embezzlement to cover their own misconduct
- Mistaken identity
Our approach: Investigate accuser’s motive to lie, obtain surveillance footage, identify actual perpetrator, expose inconsistencies.
4. Insufficient Evidence
The Defense: Prosecution cannot prove guilt beyond reasonable doubt.
What we challenge:
- Lack of video evidence
- No witnesses
- No physical evidence linking you to theft
- Weak circumstantial evidence
- Reasonable alternative explanations
5. Illegal Search and Seizure (Fourth Amendment)
The Defense: Police obtained evidence through illegal search.
Examples:
- Searched your car, home, or person without warrant or consent
- Exceeded scope of search warrant
- Searched based on illegal stop
Result: Evidence suppressed, often leading to dismissal.
6. Lack of Force or Fear (Robbery Cases)
The Defense: You took property, but didn’t use force or fear.
Why it matters: Without force or fear, it’s theft (lesser offense), not robbery (violent felony).
Examples:
- Property taken during verbal argument (no physical force)
- Victim gave property voluntarily
- Force used AFTER taking property (not during)
7. Mistaken Value / Property Under $950
The Defense: Property was worth less than $950, making it petty theft (misdemeanor) not grand theft (felony).
Our approach: Obtain independent appraisals, challenge prosecution’s valuation, demonstrate depreciation.
8. Entrapment
The Defense: Police induced you to commit crime you wouldn’t otherwise commit.
Common in: Undercover operations targeting organized retail theft or fencing operations.
9. Miranda Violations / Coerced Confession
The Defense: Your confession was obtained illegally.
When confessions are inadmissible:
- Police questioned you after arrest without Miranda warnings
- You invoked right to remain silent but questioning continued
- Confession was coerced through threats, promises, or psychological pressure
10. Procedural Violations / Chain of Custody
The Defense: Evidence was mishandled or improperly maintained.
Common issues:
- Stolen property not properly documented
- Chain of custody broken
- Evidence contaminated or tampered with
Collateral Consequences of Theft & Robbery Convictions
Beyond jail time and fines, theft and robbery convictions carry serious lifelong consequences:
Employment:
- Theft convictions show dishonesty—employers extremely reluctant to hire
- Professional licenses suspended or revoked (healthcare, real estate, finance, law, teaching)
- Bonding for certain jobs impossible
- Career advancement blocked
Immigration:
- Theft crimes are “crimes involving moral turpitude” (CIMT)
- Robbery is “aggravated felony” under immigration law
- Can result in deportation, denial of naturalization, inadmissibility
- Even misdemeanor theft can trigger immigration consequences
Housing:
- Landlords routinely deny applications with theft convictions
- Public housing may be denied
- Background checks reveal convictions
Education:
- Student loans/financial aid may be affected
- Graduate school applications require disclosure
- Professional school admissions impacted
Professional Licenses:
- Automatic suspension/revocation for many licenses
- Rehabilitation extremely difficult
Firearm Rights:
- Felony conviction = lifetime ban on gun ownership
- Cannot possess, own, or purchase firearms
Civil Liability:
- Victim can sue you for damages
- Restitution often substantial
Expungement Limitations:
- Felony convictions difficult to expunge
- Even expunged convictions must be disclosed for certain applications
Frequently Asked Questions
What’s the difference between robbery and theft?
Robbery uses force or fear to take property; theft does not. Robbery is a violent felony with much harsher penalties.
Can shoplifting become a felony?
Yes. Under Proposition 36, shoplifting with 2+ prior theft convictions is now a wobbler felony (PC § 666.1).
Will I go to jail for first-time shoplifting?
Unlikely. First-time petty theft/shoplifting is usually misdemeanor with probation. We often get charges reduced or dismissed.
How does Proposition 36 affect me?
If you have 2+ prior theft convictions (at any time), current petty theft/shoplifting charge can be filed as felony with up to 3 years in prison.
Can theft charges be expunged?
Misdemeanors can usually be expunged after completing probation. Felonies are more difficult but sometimes possible.
What if I was falsely accused of shoplifting by store security?
We challenge false accusations aggressively. Stores often make mistakes. We obtain video evidence and expose lies.
Will robbery conviction get me deported?
Yes. Robbery is “aggravated felony” under immigration law, resulting in mandatory deportation with no relief available.
What if I returned the stolen property?
Returning property doesn’t eliminate criminal charges, but can help in negotiations for reduced charges or sentencing.
Can I be charged with theft if I planned to pay later?
Possibly, if you took property without permission/payment intending to pay later. Intent at time of taking matters.
What’s the penalty for stealing from my employer?
Depends on amount. Under $950 is petty theft (misdemeanor); over $950 is grand theft (wobbler). Plus civil liability and restitution.
Why Choose Tu Defensor Criminalista for Theft & Robbery Defense?
- Thorough Investigation: We obtain surveillance footage, interview witnesses, challenge valuations, and build comprehensive defenses.
- Proposition 36 Expertise: We understand new laws and fight to prevent felony charges for repeat offenders when possible.
- Negotiation Skills: We negotiate favorable plea agreements, often reducing felonies to misdemeanors or getting charges dismissed entirely.
- Trial Experience: If your case goes to trial, we’re ready. We’ve successfully defended clients against theft and robbery charges in Pomona Superior Court.
- Local Court Knowledge: We regularly appear in Pomona Superior Court and understand local judges, prosecutors, and procedures.
- Immigration-Conscious Defense: We structure defenses to minimize deportation risk for non-citizens.
- Proven Results: Attorney Armando Josué Cespedes holds perfect 5.0 Avvo rating with 34 reviews and three consecutive Client’s Choice Awards.
- Bilingual Services: Complete representation in English and Spanish. Defensa completa en español para delitos de robo y hurto.
- 24/7 Availability: Theft and robbery arrests happen anytime. We’re always available.
Contact Tu Defensor Criminalista for Theft & Robbery Defense
If you’ve been arrested or charged with any theft or robbery offense in Los Angeles County, contact us immediately for a free consultation. Early intervention can make the difference between felony and misdemeanor, prison and probation, conviction and dismissal.
Call (888) 315-3326 now – Available 24/7
📍 Office Location: 1370 Valley Vista Drive Diamond Bar, California 91765
📞 Phone: (888) 315-3326 | Available 24 Hours
💬 Languages: English & Spanish (Hablamos Español)
🏛️ Courts: Pomona Superior Court (400 Civic Center Plaza, Pomona CA 91766)
Sources & References
Government Sources:
- California Department of Justice – OpenJustice Crime Statistics
- California Department of Justice – Crime in California 2023 Report
- California Department of Justice – Crimes and Clearances Context
- California Governor’s Office – Crime Statistics Press Release (July 2025)
- California Governor’s Office – Organized Retail Theft Announcement (July 2025)
- California Board of State and Community Corrections – Los Angeles County Data
Research & Analysis:
- Public Policy Institute of California – Crime Trends in California (January 2025)
- Public Policy Institute of California – Crime in California Trending Downward (July 2025)
- Public Policy Institute of California – Overall Crime Fell, Shoplifting Rose (July 2025)
- Center on Juvenile and Criminal Justice – Property Crime Analysis (2025)
