California Penal Code / Theft offenses
California theft allegations range from misdemeanor petty theft and shoplifting to felony grand theft, repeat-theft offenses and organized retail theft. The actual charge, the property value, qualifying prior convictions, the county release protocol and any court order determine the next steps.
Not every theft arrest requires a commercial bail bond. Start with the exact booking and court record, then check the release procedure that actually applies.
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Enter as much as you know.
01 / Overview
The property, its value and the alleged conduct all matter.
“Theft” covers many different legal allegations, and the label on an arrest report is not the legal analysis. The property type, its value, the alleged conduct and any qualifying prior convictions determine which Penal Code section applies — and that section determines the classification and the release route. An arrest is not proof of guilt.
Theft of property valued at $950 or less is generally petty theft (PC §§484/488); qualifying shoplifting during business hours is charged under PC §459.5. Both are generally misdemeanors with nonfinancial release routes in Los Angeles County.
Theft over $950 is grand theft (PC §487), and so is theft from a person, theft of an automobile or theft of a firearm regardless of value. Grand theft is generally a wobbler that can be filed as a misdemeanor or a felony.
PC §666 addresses petty theft with a qualifying prior; PC §666.1, added by Proposition 36, addresses theft or shoplifting with two or more qualifying priors and requires judicial review before release.
PC §490.4 covers specified organized retail-theft conduct with its own elements; PC §496 covers knowingly receiving or possessing stolen property — a different allegation from taking it.
PC §490.3 permits values from qualifying theft or shoplifting acts to be combined when the statutory conditions are met, so multiple smaller allegations can sometimes be evaluated together. Aggregation is not automatic.
Burglary (PC §459) concerns entering with intent; robbery (PC §211) requires force or fear. A theft charge does not automatically mean someone committed a burglary or used force against another person.
Compare burglary’s entry-with-intent elements and robbery’s force-or-fear elements before treating property allegations as interchangeable. Misdemeanor release depends on the actual section and exceptions.
Start with the record: official custody tools · jail and detention resources · court resources · bail and booking resources. Browse every guide in the bail bond services directory.
02 / California Penal Codes
Understand the Penal Code before understanding the bail.
A / Foundational theft laws
Value, property type and conduct sort a theft allegation into its statutory category.
PC §484
PC §486
PC §487
PC §488
PC §490.2
B / Shoplifting & retail theft
Qualifying shoplifting, organized retail theft and receiving stolen property are distinct allegations with distinct elements.
PC §459.5
PC §490.4
PC §496
PC §490.5
C / Repeat-theft offenses
These provisions apply only when their specific statutory conditions are alleged and established.
PC §666
PC §666.1
PC §490.3
D / Additional property offenses
Theft from a person, vehicles and firearms have their own provisions. Burglary, robbery and identity theft are separate offenses, explained briefly here and covered in their own guides.
PC §487(c)
PC §487(d)(1)
PC §487(d)(2)
PC §459
PC §211
PC §530.5
03 / Petty vs. grand theft
Six distinct allegations. Value, property type and priors matter.
The label on an arrest report is not the legal analysis. Each category below has its own elements, and the value allegation is a separate question from guilt or conviction. LA County protocol examples are illustrative, not statewide promises.
The exact statute, evidence, filing and current court order control. This guide does not decide whether a particular person is guilty or qualifies for any release route.
04 / Proposition 36
A conditional repeat-theft framework, not an automatic felony.
California Penal Code §666.1
View official statute: California Penal Code §666.1 (opens in a new tab)Check whether the booking references prior convictions and which sections they belong to. Only the statute’s listed sections can qualify.
Section 666.1 requires two or more qualifying priors; the statutory rules about which convictions count must be applied to the actual record.
Unlike ordinary petty theft — often CR or BR — a §666.1 allegation goes before a magistrate before release, under both 2026 LA County schedules.
The court decides release and conditions. A bond agent cannot bypass the review, and no outcome or timeline is guaranteed.
Set Free does not provide legal representation. Ask a criminal defense attorney how the specific priors and allegations in the case affect the charges and release.
05 / Verified LA County entries
The charge and county schedule matter more than a generic dollar amount.
These are actual 2026 Los Angeles County pre-arraignment entries, effective January 1, 2026. Most theft allegations use CR, BR or MR rather than a financial amount; the firearm-theft entry is a specific scheduled exception. The applicable court schedule, offense classification, additional allegations and judicial decisions can materially change the outcome.
Eligible citation and release on a written promise to appear, often without full booking. Other charges and holds may prevent release.
Eligible booking followed by release on a written promise to appear. Other charges and holds may prevent release.
A magistrate decides release and conditions. The protocol treats eligible MR offenses as nonfinancial ($0), subject to exceptions; MR is not an automatic $0 financial-bail order or a guarantee of release.
A specified financial condition for the listed allegation and filing. Not a quote for a bail bond premium, and not the amount ordered in every case.
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Petty theft | PC §488 | Misdemeanor · LA County | CR | Nonfinancial protocol | Eligible cite-and-release on a written promise to appear; exceptions and other counts still apply. | Misdemeanor schedule, p. 18 (opens in a new tab) |
| Petty theft not qualifying as shoplifting, value $950 or less | PC §487(a), (b) | Misdemeanor · LA County | CR | Nonfinancial protocol | Cite-and-release route when no disqualifying prior convictions apply. | Misdemeanor schedule, p. 18 (opens in a new tab) |
| Qualifying shoplifting, value $950 or less | PC §459.5 | Misdemeanor · LA County | BR | Nonfinancial protocol | Eligible book-and-release when there are no disqualifying prior convictions. | Misdemeanor schedule, p. 18 (opens in a new tab) |
| Retail theft on two or more occasions, aggregated value over $950 | PC §490.4(a)(1)–(3) | Misdemeanor · LA County | CR | Nonfinancial protocol | Cite-and-release route for the listed subdivisions; other filings are checked separately. | Misdemeanor schedule, p. 19 (opens in a new tab) |
| Retail theft by recruiting or coordinating another person | PC §490.4(a)(4) | Misdemeanor · LA County | CR | Nonfinancial protocol | Cite-and-release route; the organizing allegation must actually be filed. | Misdemeanor schedule, p. 19 (opens in a new tab) |
| Receiving stolen property, value under $950 | PC §496 | Misdemeanor · LA County | CR | Nonfinancial protocol | Cite-and-release route for the lower-value misdemeanor entry. | Misdemeanor schedule, p. 19 (opens in a new tab) |
| Charge or circumstance | Statute | Context | LA pre-arraignment | Amount | What happens next | Source |
|---|---|---|---|---|---|---|
| Petty theft with a prior conviction | PC §666 | Misdemeanor · LA County | CR | Nonfinancial protocol | Cite-and-release route when filed as a misdemeanor; the felony filing is treated separately. | Misdemeanor schedule, p. 23 (opens in a new tab) |
| Repeat theft or shoplifting with two or more qualifying priors | PC §666.1 | Misdemeanor · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; the statute requires judicial review before release. | Misdemeanor schedule, p. 23 (opens in a new tab) |
| Grand theft, value over $950 or with qualifying priors | PC §487(a) and (b) | Felony · LA County | BR | Nonfinancial protocol | Eligible book-and-release route for the felony filing; verify the whole booking. | Felony schedule, p. 20 (opens in a new tab) |
| Grand theft from a person | PC §487(c) | Felony · LA County | MR | Judicial review — no fixed financial amount | A magistrate reviews release and conditions before release. | Felony schedule, p. 20 (opens in a new tab) |
| Theft of an automobile | PC §487(d)(1) | Felony · LA County | BR | Nonfinancial protocol | Eligible book-and-release route; a separate BR note applies with evidence of a chop-shop operation. | Felony schedule, p. 20 (opens in a new tab) |
| Grand theft of a firearm | PC §487(d)(2) | Felony · serious allegation | $ | $50,000 | Scheduled financial amount; marked serious under PC §1192.7(c)(26). A specific offense entry, not ordinary petty theft. | Felony schedule, p. 20 (opens in a new tab) |
| Organized retail theft | PC §490.4 | Felony · LA County | BR | Nonfinancial protocol | Eligible book-and-release route for the felony filing; subdivision and elements are checked. | Felony schedule, p. 21 (opens in a new tab) |
| Receiving stolen property, value over $950 or with qualifying priors | PC §496 | Felony · LA County | CR | Nonfinancial protocol | Cite-and-release route for the listed felony entry; knowledge elements are checked. | Felony schedule, p. 21 (opens in a new tab) |
| Petty theft with qualifying prior conviction(s) | PC §666 | Felony · LA County | BR | Nonfinancial protocol | Eligible book-and-release route for the felony filing; priors must satisfy the statute. | Felony schedule, p. 22 (opens in a new tab) |
| Repeat theft or shoplifting with two or more qualifying priors | PC §666.1 | Felony · LA County | MR | Judicial review — no fixed financial amount | Magistrate review; Proposition 36 requires judicial review before release. | Felony schedule, p. 22 (opens in a new tab) |
| Excessive takings — enhancement entry, not a standalone charge | PC §12022.6 | Felony schedule · enhancement section | $ | $10,000 | Applies only to a legally pleaded and proved enhancement; do not automatically add this figure to an underlying charge or treat it as a total bail order. | Felony schedule, p. 28 (opens in a new tab) |
Not sure what the theft charge means for bail?
06 / Special circumstances
Specific allegations with their own rules.
Taking property from another’s person is grand theft regardless of value, but it is not robbery: robbery requires force or fear. The felony schedule lists MR — a magistrate reviews release.
Theft of a firearm is grand theft by statute regardless of the firearm’s value, and it carries the only scheduled financial amount in this guide’s table: $50,000 in the 2026 LA County felony schedule, marked serious.
Theft of an automobile is grand theft regardless of value. Vehicle theft can also be charged under Vehicle Code §10851, a separate statute with its own elements; the booking’s statute controls.
The statute addresses specified coordinated conduct — acting in concert, recruiting or coordinating others, or reselling property known to be stolen through such activity. Not every theft involving more than one person automatically qualifies.
Aggregation lets qualifying theft or shoplifting values be combined when the statutory conditions are met. It is a conditional charging rule, not an automatic escalation of every repeat allegation.
Section 666 addresses petty theft with a qualifying prior; §666.1 requires two or more priors from its listed sections and judicial review before release. The priors must satisfy the statute’s actual requirements.
Knowingly receiving, concealing or selling stolen property is a different allegation from taking it. The knowledge element and the value determine the classification and schedule entry.
A merchant’s civil demand letter is separate from the criminal case. It is not bail, not a fine and not part of the release decision.
An unrelated warrant, supervision matter or hold can keep someone in custody even when the theft charge itself carries a nonfinancial designation.
Using another’s identifying information is a separate offense sometimes alleged alongside theft counts, with its own elements and schedule entry.
The excessive-takings enhancement must be pleaded and proved under its own thresholds. It is not automatic and not a standalone charge.
MR entries mean a magistrate or judge reviews release and conditions. Paying a premium cannot replace that review.
No prior conviction, firearm, aggregation or organizing allegation is presumed in every theft case. Each must be checked against the actual booking and filing.
No additional allegation is automatically established. Each circumstance must be verified against the actual record before drawing conclusions about release.
07 / Bond costs
Court-set bail, premium and payment terms are different numbers.
The financial security the court requires for appearance. If the person is released under a qualifying CR, BR, MR or own-recognizance route, a commercial bond may not be necessary at all.
The fee for a surety bond securing the full bail amount. The surety’s rate filed with the California Department of Insurance and the signed contract govern; the premium is generally not refunded.
An amount paid at signing toward the premium, if an approved written agreement permits it. This page does not promise a particular down payment.
A payment plan spreads the unpaid premium, not the court’s entire bail amount. Ask about the written balance, due dates and any applicable terms; approval is not guaranteed.
Property or other security may be requested. Understand how it is held, when it is released and any obligations still outstanding; do not assume every agreement is collateral-free.
An indemnitor can be responsible for expenses and the full bond amount if the defendant does not appear, under the agreement. Read every obligation before signing.
08 / Release, hearings & holds
Verify the release route before the cost.
PC §1269b
Superior Court judges adopt county bail schedules and the pre-arraignment release procedures that apply to booked offenses.
Use the applicable county schedule and protocol, not a generic online estimate of “theft bail.”
PC §1270
Addresses release on bail or own recognizance. A misdemeanor defendant is entitled to OR release unless the court makes the statutory public-safety or appearance findings; felony OR release remains subject to governing restrictions.
Release decisions remain judicial decisions even when a booking has a protocol designation.
PC §1275
In setting, reducing or denying bail, the court weighs the protection of the public, the seriousness of the charge, previous criminal record and the probability of appearance.
Prior convictions can shape both the charge and the court’s release analysis.
PC §1275.1
When the statutory probable-cause process is invoked, release cannot be secured with money or property the court finds was feloniously obtained.
A theft accusation does not automatically create a source-of-funds hold; the statutory process must actually be invoked.
PC §1318
Own-recognizance release requires the statutory written agreement to appear and comply with applicable conditions.
Nonfinancial release still creates enforceable court obligations.
Constitutional framework
The California Supreme Court requires consideration of ability to pay and less restrictive conditions before unaffordable financial bail results in detention. The decision does not guarantee release, erase valid statutory restrictions or prevent a court from setting conditions.
Release scenarios / When a bond is needed
No. Check the release route before the cost.
Eligible petty theft (§488) and lower-value receiving bookings may use CR in Los Angeles County. The person is cited and released on a written promise to appear.
No bond for qualifying releaseQualifying shoplifting (§459.5) and many felony grand-theft filings (§487(a)/(b), §487(d)(1), §490.4) may use BR — booked, then released on a written promise to appear.
No bond for qualifying releaseGrand theft from a person (§487(c)) and repeat theft under §666.1 are reviewed by a magistrate, who decides release and conditions. Section 666.1 requires judicial review by statute.
Judicial decision firstA scheduled financial amount — such as the $50,000 firearm-theft entry — or a court-set amount at arraignment may require financial security. A surety bond may be an option if the person is otherwise eligible for release.
Financial bail requiredA warrant, supervision matter, source-of-funds restriction or another count can prevent release even after bail is arranged on the theft charge.
A bond may not resolve custodyCheck the actual booking and court record. No automated eligibility decision is made here, and neither release nor its timing is guaranteed.
Get bail helpPreparation / Start with the record
Start with what you know.
Full name; date of birth or approximate age if known. Age and birth date remain optional on the form.
City or county of arrest. Official tools can help verify the facility; do not assume a custody or court assignment.
Penal Code section, subdivision, alleged value and any court order are useful records to have privately. They are not additional required form questions.
Your name, phone and email for follow-up. You can begin without knowing every detail of the booking.
You do not need every record before asking for help. Keep sensitive documents private; this checklist does not collect or save answers.
Get bail help09 / After arrest
Five stages. No promised release time.
The charge, the alleged value, prior convictions, custody status and court conditions shape the sequence. Case defenses and charging decisions belong with counsel and the court.
The facility records the alleged Penal Code sections, the classification, the alleged value and any companion charges. The booking allegation is not a conviction.
Confirm the person, facility and booking through official custody tools. Check the exact sections and subdivisions, not just the word “theft.”
Determine whether CR, BR, MR, a scheduled financial amount or own-recognizance release applies, including prior-conviction effects, exceptions and any holds.
If financial bail is required and a bond is appropriate, review the filed premium, payment agreement, collateral and co-signer obligations before signing.
If a bond is posted, the facility still processes release and checks holds. The defendant must appear in court and obey every condition. No release time is promised.
10 / Local resources
Find the person. Find the court.
Locate a booking through official custody tools before relying on an assumed facility or charge.
Review facility-specific information and official custody references; location does not establish the court assignment.
Find official court resources for arraignment and later proceedings; verify the assigned case location.
Browse the published geographic directory without assuming service coverage from a legal schedule example.
Explore the service directory and distinguish a release inquiry from financial-bail arrangements.
Research booking, costs and court obligations alongside the exact theft information in this guide.
County-specific custody and court references, when this guide is approved for publication.
Local official references when published; city geography does not establish custody or case assignment.
Sources
Exact statute sections and primary government references.
Government sources are linked for reference only and do not endorse Set Free Bail Bonds.
Superior Court of Los Angeles County
Effective January 1, 2026. Theft entries on pp. 20–22; excessive-takings enhancement entry on p. 28.
Superior Court of Los Angeles County
Effective January 1, 2026. Theft designations on pp. 18–19 and p. 23.
California Legislative Information
The general theft definition and its forms of taking or obtaining property.
California Legislative Information
The statutory division into grand theft and petty theft.
California Legislative Information
Value threshold, theft from a person, automobiles, firearms and other qualifying circumstances.
California Legislative Information
The residual petty-theft category for theft not qualifying as grand theft.
California Legislative Information
Misdemeanor treatment for qualifying theft of $950 or less, with statutory exceptions.
California Legislative Information
Conditional aggregation of values across qualifying theft or shoplifting acts.
California Legislative Information
Commercial-establishment, business-hours and value requirements, and its exceptions.
California Legislative Information
The distinct elements of coordinated retail-theft allegations.
California Legislative Information
Civil demand provisions, separate from the criminal case and from bail.
California Legislative Information
Knowingly receiving, concealing or selling stolen property.
California Legislative Information
Its own prior-conviction requirements; distinct from §666.1.
California Legislative Information
The Proposition 36 offense: two or more qualifying priors and judicial review before release.
California Legislative Information
A separately pleaded sentencing enhancement with its own thresholds.
California Legislative Information
A separate offense, relevant only when separately alleged.
California Legislative Information
County schedule adoption and pre-arraignment release authority.
California Legislative Information
Release authority and misdemeanor OR findings.
California Legislative Information
Public safety, seriousness, history and appearance factors.
California Legislative Information
Statutory source-of-funds procedure, not an automatic hold.
California Legislative Information
The written promise to appear and comply with conditions.
California Courts
Ability to pay and least-restrictive-conditions requirements for financial bail.
California Department of Justice
December 13, 2024 bulletin on the proposition effective December 18, 2024, including the repeat-theft provisions.
California Courts
Official self-help explanation of the arraignment and release process.
California Department of Insurance
Premiums, collateral, contracts and consumer safeguards.
12 / Questions
Straight answers, honest limits.
Content updated November 2, 2026. General information, not legal advice.
The 2026 LA County misdemeanor schedule lists petty theft (PC §488) as CR — Cite and Release, a nonfinancial route for eligible bookings — not a dollar amount. Exceptions, other counts and court orders can change the route, so verify the actual booking rather than assuming a price.
No. Qualifying shoplifting (PC §459.5) is listed as BR — Book and Release — in the 2026 LA County misdemeanor schedule, meaning an eligible person is booked and released on a written promise to appear. A commercial bond becomes relevant only when a financial condition actually applies and other restrictions permit release.
Petty theft (PC §488) is generally theft of property valued at $950 or less and is a misdemeanor. Grand theft (PC §487) covers property valued over $950 and specified circumstances — theft from a person, an automobile or a firearm — regardless of value, and is generally a wobbler that can be filed as a misdemeanor or felony.
No. Grand theft over $950 is generally a wobbler; the prosecution decides whether to file it as a misdemeanor or a felony. The 2026 LA County felony schedule lists BR — a nonfinancial book-and-release route — for §487(a)/(b), so even a felony filing does not automatically mean financial bail.
Entering a commercial establishment during regular business hours with intent to commit larceny, where the property taken or intended does not exceed $950. Qualifying shoplifting is charged under §459.5 instead of burglary, and it is generally a misdemeanor subject to statutory exceptions for specified priors.
PC §490.4 addresses specified coordinated conduct — acting in concert to steal merchandise, recruiting or coordinating others to commit specified acts, or reselling property known to be stolen through such activity. It has its own elements; not every theft involving more than one person automatically qualifies.
The person is booked on the alleged section and classification. In Los Angeles County, many grand-theft filings carry BR or MR designations; the firearm-theft entry carries a $50,000 scheduled amount. The arraignment court can later make a new release decision, and the case continues after any release.
The repeat-theft offense added by Proposition 36, effective December 18, 2024: petty theft or shoplifting by a person with two or more prior misdemeanor or felony convictions of the statute’s listed sections, with no washout timeframe. It is a recidivist felony — a first conviction is punishable in county jail under PC §1170(h) — and it requires judicial review before release; both 2026 LA County schedules list it as MR — Magistrate Review.
It can be charged more seriously when the statutory conditions are met. PC §666 addresses petty theft with a qualifying prior, and PC §666.1 addresses theft or shoplifting with two or more qualifying priors. The priors must satisfy each statute’s actual requirements — not every third theft arrest automatically becomes a felony.
A magistrate reviews the available facts and decides release and conditions. LA County’s protocol treats eligible MR offenses as nonfinancial, subject to exceptions, but review can result in conditions or deferral until arraignment. It is not an automatic $0 order or guaranteed immediate release.
Theft of a firearm (PC §487(d)(2)) is grand theft regardless of the firearm’s value. The 2026 LA County felony schedule lists a $50,000 scheduled amount, marked serious under PC §1192.7(c)(26). This is a specific offense entry — it does not apply to ordinary petty theft or shoplifting.
Theft is the unlawful taking of property. Burglary (PC §459) is entering a structure with intent to commit theft or another felony. Robbery (PC §211) is taking from a person or their immediate presence by force or fear, and is a violent felony. A theft charge does not automatically mean a burglary occurred or that force was used.
Yes. A county schedule is a pre-arraignment framework, not a binding order for every case. At arraignment or a bail hearing the court can set a different amount, impose nonfinancial conditions or order own-recognizance release, considering public safety and ability to pay under In re Humphrey.
The premium is the fee for a surety bond securing the full bail amount, governed by the surety’s rate filed with the California Department of Insurance and the signed contract. A hypothetical 10% on $50,000 would be $5,000, but that figure is illustrative only — not Set Free’s filed rate or a financing offer.
The person’s full name, approximate age or date of birth, and the city or county of arrest are enough to begin locating the booking. The exact Penal Code sections, the alleged value, the facility and any court orders can then be verified through official custody and court tools.
Freedom starts here.
Start with the exact booking: the Penal Code section, the alleged value, the classification and the facility. Set Free can help you understand which release route applies and, when financial bail is actually required, explain the premium, payment and co-signer obligations in writing before anyone signs.