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Earlier this month, a suspect entered the Home Depot located at 3500 W. MacArthur Ave. He selected several items and placed them in a Home Depot bucket before casually walking out of the store with the stolen items, according to the SAPD.
The suspect appears to be a Hispanic male. He was wearing sunglasses, a black baseball cap, a light blue hoodie and gray pants when he committed the theft.
Anyone with information regarding his identity is asked to contact Detective R. Wilson at (714) 245-8551 or rashadwilson@santa-ana.org.
In California, including Santa Ana, the penalty for stealing items from a store like Home Depot depends primarily on the value of the items stolen and the defendant’s criminal history.
Here’s a breakdown of potential charges and penalties:
1. Petty Theft (Misdemeanor)
- Definition: If the value of the stolen items is $950 or less, it is generally charged as petty theft (California Penal Code 484(a) PC). This also falls under the definition of “shoplifting” (California Penal Code 459.5 PC) if you entered the commercial establishment with the intent to steal items valued at $950 or less during regular business hours.
- Penalties:
- Up to six months in county jail.
- A fine of up to $1,000.
- Possible summary (informal) probation.
- Restitution to Home Depot for the stolen items.
- Community service or other court-ordered conditions.
2. Grand Theft (Misdemeanor or Felony – “Wobbler”)
- Definition: If the value of the stolen items is over $950, it is generally charged as grand theft (California Penal Code 487 PC). Grand theft is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the specific circumstances of the case and the defendant’s criminal record.
- Penalties (Misdemeanor Grand Theft):
- Up to one year in county jail.
- Fines and potential restitution to Home Depot.
- Penalties (Felony Grand Theft):
- 16 months, two years, or three years in state prison.
- Fines up to $10,000.
- Restitution to Home Depot.
- Loss of the right to own firearms.
- Possible formal (felony) probation with up to one year of jail time.
- Enhancements: Additional prison time can be added if the value of the stolen property is significantly high (e.g., one year for over $50,000, four years for over $3,000,000). Also, committing grand theft with at least two other people can enhance the sentence by one, two, or three years.
Factors that can affect the charges and penalties:
- Prior Convictions: If the individual has prior theft-related convictions (like petty theft, grand theft, burglary, robbery, or carjacking), a petty theft charge could be elevated to a felony (“petty theft with a prior” under PC 666 PC), carrying more severe penalties (up to three years in jail/prison and/or a $10,000 fine). Certain prior serious felonies or registered sex offender status can also elevate a theft of $950 or less to grand theft.
- Organized Retail Theft: California has specific laws targeting organized retail theft (Penal Code 490.4 PC), which can lead to felony charges.
- Method of Theft: If force or fear was used, the crime could be charged as robbery, which is always a felony and carries much harsher penalties. If the individual entered the Home Depot with the intent to steal, even if they didn’t succeed in taking items, it could potentially be charged as burglary (specifically, second-degree commercial burglary if it’s a store), which can also be a wobbler.
- “Smash and Grab” Incidents: Proposition 36 in California includes enhanced punishments for “smash and grab” scenarios, especially if there’s significant property loss or multiple accomplices.
- Negotiation and Diversion: For first-time offenders, especially for petty theft, it may be possible to negotiate for a diversion program, which could lead to a dismissal of the case upon successful completion of conditions like community service or restitution.
Important Considerations:
- Proposition 47: In 2014, Proposition 47 reclassified certain nonviolent crimes, including shoplifting and grand theft (if the value is $950 or less and no disqualifying prior convictions), from felonies to misdemeanors.
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