California prosecutors handle theft crimes with an approach that is now significantly impacted by Proposition 36. They address offenses ranging from petty theft to grand theft, with penalties escalating based on the value of stolen goods and the offender's criminal history. Prosecutors consider factors like victim vulnerability, organized crime involvement, and repeat offenses.
Proposition 36 has introduced key changes, allowing prosecutors to charge certain petty theft or shoplifting offenses as felonies if the accused has prior theft convictions. This reflects a shift towards stricter penalties for repeat offenders. Additionally, the proposition enhances penalties for large-scale theft and organized retail crime.
While diversion programs may still be utilized for first-time or low-level offenders, the overall trend is toward increased accountability and deterrence, particularly for those with a pattern of theft-related offenses.
For Example: Penal Code (PC) 368, PC 484, PC 487, PC 488.