By the The Bulldog Law Criminal Defense Team  •  Reviewed by a licensed California criminal defense attorney  

Larceny is the unlawful taking of someone else's property the crime California now simply calls theft (Penal Code §§ 484/487). Burglary is something different: entering a building or structure with the intent to commit theft or any felony inside (Penal Code § 459) no taking required, and the crime is complete the instant you cross the threshold with that intent. The two are cousins, constantly confused and frequently charged together, but they punish different moments: larceny punishes what your hands did; burglary punishes what your feet did while your mind intended a crime. This guide from The Bulldog Law's theft crimes defense practice walks through both offenses, the $950 line that separates misdemeanors from felonies, and the charging combinations that surprise defendants.

What Is Larceny? (California Just Calls It Theft)

“Larceny” is the traditional common-law name for stealing taking and carrying away someone else's property with intent to permanently deprive them of it and California folded it into the unified crime of “theft” nearly a century ago. The modern structure turns on value: petty theft (§§ 484/488) covers property worth $950 or less and is a misdemeanor, while grand theft under § 487 covers property over $950 (plus special categories like firearms and vehicles) and is a wobbler. The elements the prosecution must prove are the ones juries actually argue about: that the property belonged to someone else, that you took AND moved it (any distance counts), and the battleground that you intended to keep it permanently: borrowing disputes, claim-of-right beliefs, and misunderstandings about consent all live inside that intent element, which is where theft cases are defended.

What Is Burglary? (The Crime That Needs No Stealing)

Burglary under § 459 is entering a structure with the intent to commit theft or any felony inside the entry plus the intent IS the completed crime, whether or not anything was taken or any crime carried out. Walk into a store intending to steal, an office intending to commit fraud, or a house intending anything felonious burglary is complete at the doorway, empty hands and all. California grades it by the building: first-degree (residential) burglary any inhabited dwelling is a straight felony carrying 2, 4, or 6 years and a strike; second-degree (commercial) burglary is a wobbler. Two modern carve-outs reshape everyday cases: shoplifting under § 459.5 entering an OPEN business during business hours intending to steal $950 or less must be charged as a misdemeanor, not burglary; and organized-retail-theft laws add tools on the other side. The full anatomy of entry, structures, and intent is in the firm's PC § 459 burglary guide.

The Key Differences, Side by Side

• The actlarceny/theft punishes TAKING property; burglary punishes ENTERING with criminal intent.
• The moment of completion theft completes when property moves; burglary completes at entry before anything is touched.
• What must be proventheft requires a deprived owner; burglary requires proof of what you INTENDED at the doorway usually shown circumstantially (tools, timing, statements, conduct inside), which makes intent the classic burglary battleground.
• Grading theft grades by VALUE ($950 line); burglary grades by BUILDING (home vs. commercial) a $20 intent inside a house can be a strike felony while a $900 taking from a store is a misdemeanor.
• Combinationsthey stack: enter with intent (burglary) and then actually steal (theft), and prosecutors can charge both one incident, two crimes, punishing the entry and the taking separately.

Why the Distinction Decides Real Cases

Charging discretion lives exactly in these gaps and so does the defense.The same shopping-cart incident can be filed as misdemeanor shoplifting, petty theft, or felony commercial burglary depending on what the prosecutor believes about your intent AT ENTRY which is why receipts, texts, and conduct before the door matter so much. Residential cases carry the opposite pressure: because first-degree burglary is a strike, negotiating the charge down to theft (or attacking the intent element outright) can be the difference between probation and a life-altering record. And value fights are real litigation: pushing contested valuations under $950 converts felonies to misdemeanors. Every one of these levers is standard work for the defense team and every one depends on acting before positions harden.

Frequently Asked Questions

Is larceny the same as theft in California?

Yes ‘larceny' is the older common-law term, and California statute expressly unified larceny (along with embezzlement and theft by false pretenses) into the single crime of ‘theft.' You'll still see ‘larceny' in other states' laws, older cases, and the FBI's crime statistics, but a California charging document will say petty theft or grand theft. Practically: if someone says larceny in California, translate it to theft, apply the $950 petty/grand line, and analyze it under PC 484–487.

Can you be charged with burglary without stealing anything?

Yes this is burglary's defining feature. The crime is entering a structure WITH INTENT to commit theft or a felony; it completes at entry, and neither a successful theft nor any crime at all inside is required. Prosecutors prove the intent circumstantially burglary tools, gloves, timing, statements, casing behavior which is also where the defense lives: innocent explanations for the entry, intent formed only after entering (which defeats burglary), and mistaken identity are the recurring winning theories.

Which is worse, larceny or burglary?

Usually burglary and dramatically so when a residence is involved. Petty theft is a misdemeanor and even grand theft is a wobbler, while first-degree residential burglary is a straight felony carrying up to six years and a strike under Three Strikes. Commercial burglary as a wobbler sits closer to theft's range. But ‘worse' ultimately depends on the facts: a high-value grand theft with priors can outweigh a marginal commercial burglary. What's consistent is the defense priority in any residential case, keeping the strike off the table dominates the strategy.

Is shoplifting theft or burglary?

Since Proposition 47, it's its own crime: PC 459.5 ‘shoplifting' covers entering an open commercial establishment during business hours with intent to steal property worth $950 or less and it MUST be charged as a misdemeanor rather than burglary for eligible defendants. Over $950, or entry outside business hours, and the case can be filed as commercial burglary or grand theft. The dividing lines value, hours, intent at entry are precisely where these cases are negotiated, and recent organized-retail-theft laws have added aggregation tools prosecutors now use for repeat incidents.

Taking versus entering, value versus building, hands versus intent the labels decide whether a bad decision is a misdemeanor or a strike. Get the charge analyzed before it hardens. The Bulldog Law's theft crimes team defends the full spectrum and the related question of robbery vs. burglary is covered in our companion guide. Contact the firm online or call (888) 928-1609 for a free consultation.