Theft crimes are taken seriously in California. While a first-time offense may carry lighter consequences, prior theft convictions can significantly increase the penalties you face if charged again. Understanding how your criminal record affects your current legal situation is essential—especially if you want to protect your rights, your freedom, and your future.
At Flore Legal Allies, based in San Diego and Los Angeles, we help clients facing criminal charges navigate the justice system with confidence. We believe in clear communication and powerful advocacy. This will walk you through the consequences of having a theft-related criminal history and what legal options you still have.
Theft Crimes in California: A Quick Overview
The term “theft” under California law can refer to several different crimes, including:
- Petty theft (Penal Code § 484 & § 488)
- Grand theft (Penal Code § 487)
- Shoplifting (Penal Code § 459.5)
- Burglary (Penal Code § 459)
- Receiving stolen property (Penal Code § 496)
- Identity theft (Penal Code § 530.5)
- Embezzlement (Penal Code § 503)
Each type of theft carries its own penalties depending on the value of the stolen property, the circumstances of the offense, and whether the crime involved violence, force, or deceit.
But once you’ve been convicted of any theft offense, even a misdemeanor, the stakes go up dramatically for any future accusations.
The Legal Concept of “Priorable” Offenses
In California, certain crimes are considered “priorable”—meaning that past convictions can be used to enhance or increase penalties for a current offense. Theft crimes fall into this category.
When you face a new theft charge and you have a prior conviction for theft, the court can treat your current offense more harshly, even if the facts of the case are otherwise minor.
Here’s where it gets especially serious: a petty theft that would normally be treated as a misdemeanor can be elevated to a felony if you have prior convictions.
What Is “Petty Theft With a Prior”?
California Penal Code § 666 is often referred to as “Petty Theft with a Prior.” This is a legal provision that allows prosecutors to charge petty theft as a felony under certain conditions.
This law applies if:
- You are accused of committing petty theft (generally theft of property worth $950 or less), AND
- You have one or more prior convictions for theft-related offenses such as:
- Petty theft
- Grand theft
- Burglary
- Robbery
- Carjacking
- Receiving stolen property
- Identity theft
- Forgery or fraud
In addition, to qualify for this enhancement, at least one of your prior convictions must have resulted in jail or prison time.
This means a second offense—even if minor—can carry felony penalties due to your criminal history.
Felony Charges for Repeat Offenders
Under Penal Code § 666, prosecutors can discretionarily charge a repeat petty theft as either a misdemeanor or felony—this is what’s called a “wobbler” offense.
If charged as a felony, you could face:
- Up to 3 years in county jail
- Probation with strict conditions
- A permanent felony on your criminal record
Compare that to a typical petty theft misdemeanor:
- Up to 6 months in county jail
- A fine of up to $1,000
- Possible informal probation
Clearly, a prior conviction can dramatically shift the legal landscape.
Why the State Takes Repeat Theft So Seriously
California’s legal system views repeated theft as a pattern of disregard for the law. Prosecutors are empowered to argue that someone who has previously been punished for stealing but reoffends deserves a harsher penalty, both as a deterrent and as a way to protect the public.
This logic drives the decision to escalate charges and strip away access to diversion or alternative sentencing programs.
Unfortunately, the reality is that many repeat offenses happen because of addiction, poverty, mental illness, or desperation—not malice. At Flore Legal Allies, we work to humanize our clients and explain the context behind their actions, not just the charges.
The Three Strikes Law and Theft Crimes
California’s Three Strikes Law applies to serious or violent felony offenses. While petty theft doesn’t fall under this rule by itself, if your prior convictions include strike offenses—like robbery or burglary—you could face additional sentencing enhancements.
For example:
- If you’re convicted of petty theft with a prior robbery conviction, prosecutors may seek to apply strike penalties, including doubling the sentence or mandating a longer term.
How Prosecutors Prove Intent and Prior Convictions
To successfully prosecute theft with a prior enhancement, the state must show:
- You committed theft (actual evidence, eyewitnesses, or admissions)
- You have one or more qualifying prior convictions
- You served jail or prison time for at least one of those priors
They may use court records, police reports, sentencing transcripts, and even fingerprint matches to connect your current case with your criminal record.
However, mistakes are common. Names get confused, old records are incomplete, or the nature of the prior offense may not legally qualify. That’s why a careful review of your history by an experienced attorney is vital.
What If My Prior Convictions Are From Another State?
Out-of-state convictions can still be used to enhance penalties if they are “substantially similar” to California’s theft laws. However, proving this requires interpretation—and that opens a door for defense.
At Flore Legal Allies, we have experience challenging out-of-state priors and arguing that they shouldn’t be counted toward California enhancements.
Your Legal Defense Options
Being charged with theft when you have a prior conviction is serious, but you still have rights and legal strategies that can work in your favor. Some options include:
1. Arguing the Theft Was Not Willful
If you didn’t intend to steal—such as picking up an item you thought was yours or making a mistake at a self-checkout—this may reduce or dismiss the charge.
2. Challenging the Validity of Prior Convictions
We may be able to argue that:
- Your prior case was dismissed
- The conviction doesn’t meet the legal threshold for enhancement
- You were not sentenced to jail or prison time (a requirement under Penal Code § 666)
3. Filing a Romero Motion
If you have a prior strike, we can file a Romero motion to ask the court to dismiss the prior from being used to increase your sentence.
4. Negotiating a Misdemeanor Plea
Even if the prosecution initially charges you with a felony, skilled negotiation may result in a plea bargain to a misdemeanor, allowing you to avoid prison time.
5. Seeking Drug or Mental Health Diversion
In some cases, especially where the theft was motivated by addiction or mental illness, we can request alternative sentencing and treatment programs to avoid jail.
Don’t Face Repeat Theft Charges Alone
When you’re facing a theft charge—especially with prior convictions—the stakes are high. Your future, your freedom, and your reputation are on the line. What happens in the next few days or weeks can define the next several years of your life.
But you don’t have to go through it alone.
How We Can Help
At Flore Legal Allies, we know that every client is more than a case number. We listen to your story, understand your history, and provide clear, compassionate, and strategic legal guidance.
With offices in San Diego and Los Angeles, we’re here for you when it feels like the world is against you. Whether you’re a first-time offender or someone with a record, our job is to protect your rights—and your future.
We don’t just defend you. We stand with you.
If you’re facing theft charges with prior convictions, contact us today for a confidential consultation. Let us help you fight back—because you deserve a second chance.
