The statute and the $950 line
- PC 459.5 — shoplifting: entering an open commercial establishment during business hours intending to take property worth $950 or less. Misdemeanor for most defendants.
- PC 490.2 — petty theft: theft of property valued at $950 or less, misdemeanor for most defendants.
- Over $950 — grand theft under PC 487, a wobbler.
- Entry when the store is closed, or entry with intent to commit a different felony, is charged as burglary rather than shoplifting.
We cover the dollar line in depth in theft thresholds and California's $950 rule.
What Proposition 36 changed in 2024
Proposition 36 rolled back part of Proposition 47. Most relevant here: a person with two or more qualifying prior theft convictions can now be charged with a felony on a new theft even where the value is under $950. It also allows aggregating value across multiple thefts in some circumstances.
Bail and release for a shoplifting arrest
Many misdemeanor shoplifting arrests end in a citation with a court date and no jail stay at all. Where a booking happens, the scheduled amount is at the low end and a bond is straightforward. Felony filings under the Prop 36 repeat-theft path are a different number and a different conversation — see how much is bail for a felony.
The civil demand letter is separate
Retailers often send a civil demand letter under California's civil shoplifting statute, seeking a penalty independent of the criminal case. Paying it does not resolve the criminal charge, and ignoring it does not create a warrant. Treat them as two separate tracks and take the criminal one to an attorney.