Retail theft has long been a concern for businesses, but in recent years, California has seen a sharp rise in organized retail crime.
High-profile smash-and-grab incidents, coordinated theft rings and large-scale reselling of stolen goods have prompted lawmakers to introduce tougher penalties. But while these new laws aim to curb crime, they also bring heightened risks of severe punishments for those accused.
If you or someone you know is facing charges under California’s revised retail theft laws, it’s crucial to understand the legal changes and their potential consequences.
More importantly, you need to know that accusations don’t always lead to convictions — strong legal defenses exist, and a skilled attorney can make all the difference.
Understanding what changed in the law
The new laws, effective January 1, 2025, significantly increase penalties for organized retail theft and expand what qualifies as a felony offense.
Key changes include:
- Aggregation of Theft Amounts – Prosecutors can now combine the value of stolen goods from multiple incidents or victims to surpass the $950 felony grand theft threshold. This means that smaller, separate thefts — once considered misdemeanors — can now lead to felony charges when added together.
- Enhanced Sentences for Organized Theft Rings – Those involved in the large-scale resale of stolen goods face steeper penalties. If the total value of stolen merchandise exceeds $50,000, a convicted individual could receive an additional year in prison, with even harsher penalties for higher amounts.
- Retail Theft Restraining Orders – Courts now have the authority to ban convicted individuals from entering specific retail stores for up to two years. This measure is aimed at preventing repeat offenses.
- Criminalizing Possession of Stolen Goods – If you are found in possession of stolen items worth more than $950 and prosecutors believe you intended to sell or exchange them, you could face up to three years in jail — even if you did not personally steal the goods.
- Tighter Vehicle Theft Laws – The law removes the so-called ‘locked door loophole,’ allowing prosecutors to charge someone with vehicle burglary regardless of whether the car was locked. It also allows multiple vehicle break-ins to be aggregated to reach felony status.
Examples of how these laws could be applied
To better understand the impact of these new laws, let’s look at a few different scenarios:
- Multiple Store Thefts – A person accused of stealing $400 worth of merchandise from three different retailers over several weeks could now be charged with felony theft if the total surpasses $950.
- Coordinated Theft Ring – If two or more people plan and execute a theft operation where the stolen merchandise is resold online, they may face enhanced penalties — even if they stole items individually.
- Possession of Questionable Goods – Someone unknowingly purchasing stolen items in bulk at a flea market could be charged with possessing stolen goods, facing serious penalties without ever having committed theft themselves.
Penalties for participating in organized retail theft
The penalties for organized retail theft in California are now more severe than ever.
Felony charges
When the total value of stolen merchandise surpasses $950, the crime can be charged as a felony rather than a misdemeanor.
Felony organized retail theft carries a potential sentence of 16 months, 2 years, or 3 years in prison under California Penal Code 490.4.
Prosecutors may also add enhancements based on the nature of the theft, such as prior offenses, use of force or conspiracy to commit multiple thefts. Felony charges remain on an individual’s permanent record, impacting future employment opportunities and immigration status.
Sentencing enhancements
Sentencing enhancements apply for individuals engaged in large-scale organized theft operations.
- If the total value of stolen goods exceeds $50,000, an additional 1-year sentence enhancement applies.
- If the stolen merchandise exceeds $100,000, the enhancement increases to 2 extra years in prison.
Restraining orders
Courts have the power to issue restraining orders preventing convicted individuals from entering certain retail stores for up to two years. Violation of a retail theft restraining order can result in additional criminal charges and penalties.
Judges may impose these orders at their discretion, and these restraining orders apply even if the individual was not convicted of violent or aggressive behavior.
Defenses against organized retail theft charges
Being accused of organized retail theft doesn’t mean a conviction is inevitable. There are several ways to fight these charges:
- Lack of Intent – Prosecutors must prove that the accused intended to permanently deprive the retailer of its goods. If there was no intent to steal, the charges may not hold up in court.
- Mistaken Identity – Many retail theft cases rely on security footage or eyewitness accounts, both of which can be unreliable. If the evidence is weak, mistaken identity could serve as a strong defense.
- Challenging Aggregation – Prosecutors often attempt to aggregate theft amounts to turn a misdemeanor into a felony. A skilled attorney can argue against improper aggregation, potentially reducing charges.
- Unlawful Search and Seizure – If law enforcement violated your rights during the investigation — such as conducting an illegal search — evidence against you may be inadmissible in court.
Get Legal Help Today
If you’ve been accused of organized retail theft in California, you need an experienced criminal defense attorney on your side.
The Helfend Law Group has been defending clients against theft-related charges for over 40 years. We understand the complexities of these new laws and will fight to protect your rights and your future.
Don’t face these charges alone. Contact us today at 800-834-6434 for a consultation and start building your defense.
Published January 29, 2025.