In September 2024, Governor Gavin Newsom signed Assembly Bill 1960, a significant and far-reaching law that created California Penal Code Section 12022.6 PC, part of new laws aimed at addressing the sharp rise in property crimes.
In other words, tougher penalties for smash-and-grab retail theft took effect in 2025. PC 12022.6 imposes an additional prison sentence for felony convictions of receiving stolen property or taking or damaging property in the commission of a felony if the value exceeds $50,000.
For example, if the value of the property loss is between $50,000 and $200,000, an additional prison term of one year applies in felony cases.
If the value of the property is between $200,000 and $1,000,000, an additional prison term of two years applies. If between $1,000,000 to $3,000,000, there is an additional three years. If the amount exceeds $3,000,000, there is an additional four years in prison.
Notably, the additional prison term is served consecutively, not concurrently, with the underlying felony sentence. This means that the additional term begins after the completion of the original sentence, rather than being served concurrently.
Simply put, PC 12022.6 is intended to enhance the penalties for large-scale theft and property crimes in California when the loss or property value exceeds $50,000.
The district attorney will aggregate the property values from all felonies alleged in the complaint or indictment that are part of a common scheme or plan. Various factors, including fair market value and the cost of replacement, determine the property's value.
What Does the Law Say?
The full text of California Penal Code 12022.6 PC says the following-
"(a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony or commits a felony in violation of Section 496, the court shall impose an additional and consecutive term of imprisonment as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5) For each additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b) In an accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.
(e) The legislature intends that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. This section shall remain in effect only until January 1, 2030, and as of that date, is repealed unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date."
What is a "Smash and Grab" Robbery?
A "smash and grab" robbery occurs when perpetrators forcefully break into a property, often through the glass doors of a store, and quickly steal as much merchandise as possible before fleeing.
These types of robberies cause significant damage to the store in addition to the value of the stolen merchandise. Thus, it has the potential to devastate small businesses financially due to the following:
- Repair costs,
- Disrupted business,
- Higher insurance premiums.
In response to the impact these smash-and-grab robberies were having on retail stores, lawmakers created harsher penalties to act as a deterrent.
California Assembly Bill 1960 (AB 1960) took effect on January 1, 2025, introducing new sentencing enhancements for theft-related crimes that cause substantial property damage.
The new law carries significant legal implications for those accused of crimes that are categorized as "smash and grab" thefts. Because these robberies often result in broken windows, destroyed fixtures, and other damage exceeding the value of the stolen items, the property damage component of the crime elevates its seriousness under AB 1960.
The state is committed to addressing high-value property crimes and ensuring that convicted offenders face appropriate consequences. As noted above, AB 1960 creates sentencing enhancements for felony offenses involving property damage exceeding $50,000.
AB 1960 applies to property damage occurring during the commission of a felony and includes taking, damaging, or destroying items of significant value.
In other words, anyone found guilty of damaging property that exceeds $50,000 during a felony will face harsher penalties, including longer prison sentences or enhanced probation terms.
Notably, this law includes physical harm, destruction, or devaluation of property, whether it's residential or commercial. The total value of the property, or loss, will determine whether the enhancement applies.
AB 1960 applies to a variety of felony crimes that involve substantial property damage, including burglary, vandalism, and arson. The law ensures that all participants in a crime, regardless of their specific role, are held accountable for the total damage caused, promoting fairness and equity in the legal system.
AB 1960 - Quick Facts
- AB 1960, signed into law in 2024, imposes sentencing enhancements for crimes involving significant property damage or loss during a felony.
- AB 1960 means defendants could face additional penalties in addition to the underlying felony charges.
- The bill targets cases where theft or receipt of stolen property under Penal Code 496 results in substantial monetary damage or loss of property.
- Courts are required to impose additional prison terms based on the value of the property that is taken, damaged, or destroyed during the crime.
- California Penal Code 12022.6 PC is added to the law, designed to enhance the punishments for large-scale theft and property crimes.
- If someone takes, damages, or destroys property in the commission of a felony, the court shall impose an additional and consecutive term of imprisonment based on the value of the property or loss.
- These enhancements are cumulative and are attached to the underlying sentence for the crime itself.
- The enhancements apply not just to a single act of theft or damage but to cumulative losses from a series of acts that are part of a common scheme.
- The law is designed to address cases of serious property damage.
- If there are multiple underlying felonies, prosecutors will add together the property value from all the felonies alleged in the complaint.
- A related law, California Penal Code 490.4 PC, makes it a crime to commit organized retail theft when two or more people act to steal merchandise from a brick-and-mortar store or online marketplace.
Why You Need a Defense Attorney
Suppose you are facing criminal charges related to a "smash and grab" robbery under AB 1960, which includes sentencing enhancements.
In that case, our experienced California criminal defense lawyers can approach the case from the standpoint of proving your innocence or negotiating down sentencing enhancements through a plea agreement.
Perhaps we can challenge the prosecution's calculation of property damage or stolen goods to reduce or eliminate the sentencing enhancements. Perhaps we can identify weaknesses or inconsistencies in the prosecution's evidence, which could undermine the case against you.
Suppose law enforcement violates your rights by searching for stolen goods without a proper warrant, for example. In that case, we can file a motion to have the resulting evidence suppressed, which in turn could reduce the value of the stolen property below enhancement-eligible levels.
Perhaps we can contest procedural issues, such as incomplete or improperly stated enhancements in the accusatory pleading.
Perhaps we can argue mitigating factors, such as emphasizing circumstances like a lack of intent to harm property or your limited role in the crime, to argue for a reduced sentence. For more information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.
Related Content:
