A "smash and grab" robbery is a severe crime in which thieves forcefully break into a property, often through the front windows or glass doors of a store, and swiftly steal as much merchandise as possible before fleeing the scene.
These types of robberies are not just quick but also chaotic and highly damaging, leaving business owners with significant losses in addition to the value of the stolen goods themselves.
Beyond the immediate theft, these acts can financially devastate small businesses due to repair costs, interrupted business operations, and increased insurance premiums.
Recognizing the significant impact these crimes have on California's retail stores, lawmakers have taken action to create stronger deterrents.
Assembly Bill 1960 (AB 1960) went into effect on January 1, 2025, and California has introduced new sentencing enhancements for theft-related crimes that cause substantial property damage.
This new law reflects California's commitment to deterring high-value property crimes and ensuring that offenders face appropriate consequences. AB 1960 establishes sentencing enhancements for felony offenses involving property damage exceeding $50,000
This legislative move ensures greater accountability for crimes causing significant financial harm. The law applies to property damage that occurs during the commission of a felony and includes taking, damaging, or destroying items of significant value.
Simply put, offenders found guilty of damaging property valued at over $50,000 during a felony will face stricter penalties, including longer prison sentences or enhanced probation terms.
The law includes physical harm, destruction, or devaluation of property. Whether the property is residential, commercial, or public, the value threshold determines whether the enhancement applies.
AB 1960 applies to various felony offenses involving substantial property damage, such as burglary, vandalism, or arson. If you are accused of a crime like this, understanding these enhanced penalties and their implications is crucial.
What is AB 1960 and How Does It Work?
AB 1960, which was approved by the California legislature and signed into law in 2024, reintroduces sentencing enhancements for crimes involving significant property damage or loss during the commission of a felony.
The bill specifically targets cases where theft or receipt of stolen property under Penal Code 496 results in substantial monetary damage or loss of property.
Under the provisions of this law, 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. Suppose 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. In that case, the court shall impose an additional and consecutive term of imprisonment as follows:
- Additional 1-year prison term for losses exceeding $50,000.
- Additional 2-year prison term for losses exceeding $200,000.
- Additional 3-year prison term for losses exceeding $1,000,000.
- Additional 4-year prison term for losses exceeding $3,000,000.
- For every additional $3,000,000 in losses, an extra year is added to the enhanced sentence.
These enhancements are cumulative and are attached to the underlying sentence for the crime itself. Furthermore, 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 or plan.
The introduction of AB 1960 means defendants could face additional penalties in addition to the underlying felony charges. While the law aims to address serious property damage, it also raises issues about overreach or excessive valuations, which is why you need skilled California criminal defense attorneys.
What is California Penal Code 12022.6 PC?
PC 12022.6 is designed to enhance the punishments for large-scale theft and property crimes whenever the loss or property value exceeds $50,000.
On September 12, 2024, Governor Gavin Newsom signed Assembly Bill 1960 into law, creating Penal Code 12022.6 PC. This law was part of a series of new laws meant to address the rise in property crimes.
If there are multiple underlying felonies, prosecutors will add together the property value from all the felonies alleged in the complaint or indictment that arise from a common scheme or plan.
Suppose someone breaks into five different retail stores and steals over $10,000 worth of merchandise from each. In that case, PC 12022.6 would apply since the property loss exceeds $50,000.
Penal Code 12022.6(b) says, "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."
Determining the property value depends on the case, and it is often subjective. The district attorney typically reviews the following factors:
- Fair market value,
- Replacement costs,
- Victim's actual loss,
- Original purchase price,
- Expert testimony,
- Defendant's testimony.
PC 12022.6(e) states, "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 statute that is enacted before January 1, 2030, deletes or extends that date." This provision ensures that the law remains relevant and effective in addressing property crimes, taking into account the potential impact of inflation on the value of property losses.
What are the Implications for "Smash and Grab" Robberies?
The new law carries significant legal implications for those accused of crimes that could be 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.
For example, imagine a group of individuals breaking into a high-end retail store, shattering the glass storefront in the process, and stealing handbags valued at $75,000.
Even if the stolen goods themselves might only lead to one type of theft charge, the property damage could easily push the total loss over $200,000 when the cost of repairs is factored in. Under AB 1960, this could add two years to any prison sentence the offenders may face.
Additionally, because groups often organize smash-and-grab thefts, the aggregate damages across all participants may subject individuals to greater penalties even if their specific role in the crime was limited.
This aspect of 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.
A related law, California Penal Code 490.4 PC, makes it a crime to commit organized retail theft, which is when two or more people act to steal merchandise from a brick-and-mortar store or online marketplace. Depending on the case, organized retail theft can be prosecuted as a felony or a misdemeanor.
Importance of Hiring an Experienced Criminal Defense Attorney
If you face charges related to a "smash and grab" robbery under AB 1960, the stakes can be serious considering the potential for sentencing enhancements. Having an experienced California criminal defense lawyer can significantly affect how your case is resolved.
A good attorney will not just approach the case from the standpoint of proving your innocence but also from the standpoint of negotiating down sentencing enhancements if a guilty verdict is likely or if they are working on a plea agreement with you. Some of the strategies the attorney may utilize:
- Challenge property valuations: Your attorney may dispute the prosecution's calculation of property damage or stolen goods to reduce or eliminate the sentencing enhancements tied to AB 1960.
- Analyze evidence: A skilled lawyer will identify weaknesses or inconsistencies in the prosecution's evidence, which could undermine the case against you.
- Challenge illegal search-and-seizure: If law enforcement violates your rights by searching for stolen goods without a proper warrant, for example, your attorney may file a motion to have the resulting evidence suppressed, which in turn could reduce the value of the stolen property below enhancement-eligible levels.
- Raise procedural objections: They may contest procedural issues, such as incomplete or improperly stated enhancements in the accusatory pleading.
- Argue mitigating factors: Your attorney can highlight circumstances like a lack of intent to harm property or your limited role in the crime to seek a reduced sentence.
For more information, contact our criminal defense law firm, Eisner Gorin LLP.
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