Grand theft is one of the most serious theft-related crimes in California, carrying severe legal consequences for those convicted. Whether you are facing grand theft charges or simply want to understand California’s theft laws, it is essential to know how the crime is defined, the penalties involved, and the potential defenses that could apply. In this blog, we will break down what constitutes grand theft in California, the penalties associated with a conviction, and what steps to take if you or someone you know is facing grand theft charges.

What is Grand Theft in California?

In California, grand theft is defined under Penal Code Section 487. Unlike petty theft, which involves the unlawful taking of property valued at $950 or less, grand theft occurs when the value of the stolen property exceeds $950. This distinction is critical because grand theft is considered a wobbler offense, meaning it can be charged as either a felony or a misdemeanor depending on the circumstances of the case, such as the defendant’s criminal history, the value of the stolen property, and other factors.

The property stolen in a grand theft case can include:

• Cash or money
• Jewelry
• Electronics (e.g., computers, phones, televisions)
• Vehicles (e.g., cars, motorcycles, boats)
• Artwork
• Collectibles

 

Theft of property worth more than $950 or the theft of certain items, such as vehicles, firearms, or agricultural products, is typically prosecuted as grand theft under California law.

Elements of Grand Theft in California

To be convicted of grand theft, the prosecution must prove specific elements beyond a reasonable doubt. These elements include:

1. The defendant took someone else’s property: The defendant must have physically taken possession of someone else’s property without their permission. This can include theft from a store, home, or business.
2. The property was worth more than $950: In order to qualify as grand theft, the value of the stolen property must exceed $950. If the value is $950 or less, the crime may be charged as petty theft instead.
3. The defendant intended to permanently deprive the owner of the property: The defendant must have intended to permanently take and keep the property, rather than just borrow it temporarily or return it later.
4. The defendant acted without the consent of the owner: The theft must have been unauthorized. If the property was taken with the consent of the owner, the crime cannot be classified as theft.

 

Types of Grand Theft in California

Grand theft can take different forms based on the manner in which the crime was committed. These include:

1. Grand Theft of Personal Property (California Penal Code Section 487(a))

This refers to the unlawful taking of personal property, such as cash, jewelry, or electronics, that is worth more than $950. It can involve theft from a private individual, a business, or a public entity.

2. Grand Theft Auto (California Penal Code Section 487(d)(1))

Grand theft auto involves the theft of a motor vehicle, including cars, trucks, motorcycles, boats, or any other vehicle. Grand theft auto is always classified as a felony in California, regardless of the value of the vehicle.

3. Grand Theft of Firearms (California Penal Code Section 487(d)(2))

Theft of a firearm, which is often charged as grand theft, is a felony offense in California. Firearm theft is taken very seriously and carries severe penalties due to the potential danger associated with stolen firearms.

4. Grand Theft from the Person (California Penal Code Section 487(c))

This type of grand theft involves stealing directly from another person, such as in a pickpocketing incident or a robbery where property is taken from the victim. This offense often involves force or intimidation and may be charged alongside robbery, a more serious crime.

5. Grand Theft of Agricultural Products (California Penal Code Section 487(a))

The theft of agricultural products, such as crops, livestock, or other farm products, can also qualify as grand theft. This charge often applies to thefts from farms, ranches, or commercial agricultural businesses.

Penalties for Grand Theft in California

The penalties for grand theft in California depend on whether the crime is charged as a felony or misdemeanor and other factors, such as the value of the property stolen and the defendant’s prior criminal record. Below are the potential penalties for grand theft:

1. Misdemeanor Grand Theft

In some cases, grand theft may be charged as a misdemeanor, especially if the value of the stolen property is not very high and the defendant has no prior criminal record. For misdemeanor grand theft, the penalties can include:

• Up to 1 year in county jail
• Fines of up to $1,000
• Probation
• Restitution to the victim for the value of the stolen property

 

2. Felony Grand Theft

If the defendant has prior criminal convictions, the theft involved a particularly high-value item, or if other aggravating factors are present, grand theft may be charged as a felony. Felony grand theft can result in:

• Up to 3 years in state prison
• Fines of up to $10,000
• Probation (in some cases)
• Restitution to the victim

 

3. Grand Theft Auto (Felony)

Grand theft auto is always charged as a felony in California, regardless of the value of the vehicle stolen. The penalties for grand theft auto can include:

• Up to 3 years in state prison
• Fines of up to $10,000
• Probation or parole (in some cases)

 

4. Other Consequences

In addition to jail or prison time, a conviction for grand theft can result in a permanent criminal record. This can have long-lasting effects on your ability to find employment, secure housing, and more.

Defenses to Grand Theft Charges

If you have been charged with grand theft, there are several defenses your attorney can use to challenge the charges and protect your rights. Some common defenses include:

1. Lack of Intent: The prosecution must prove that you intended to permanently deprive the owner of their property. If you took the property by accident or with the intent to return it, this could be a valid defense.
2. Mistaken Identity: If you were falsely accused of committing the theft, your attorney may argue that you were not the person who took the property.
3. No Knowledge of Theft: If you did not know that you were in possession of stolen property, you may be able to avoid conviction. This is often the case in theft-by-receiving situations.
4. Consent of the Owner: If the property owner gave you permission to take the property, this could be a valid defense to the charge.
5. False Accusations: In some cases, the alleged victim may be lying or mistaken about what occurred. A strong defense could involve showing that the theft never occurred or that you were falsely accused.

 

What to Do If You Are Facing Grand Theft Charges

If you are facing grand theft charges in California, it is crucial to take immediate action. Here are some steps to take if you are in this situation:

1. Contact an Experienced Criminal Defense Attorney: A skilled attorney can help you navigate the legal process, advise you on your options, and build a strong defense to protect your rights.
2. Do Not Talk to Law Enforcement Without an Attorney: Anything you say to law enforcement can be used against you in court. It is always best to remain silent and consult with your attorney before answering any questions.
3. Gather Evidence: Work with your attorney to gather any evidence that could support your defense, such as alibi witnesses, surveillance footage, or other forms of evidence that could challenge the charges.
4. Consider Plea Bargaining or Diversion: In some cases, it may be possible to negotiate a plea bargain with the prosecution to reduce the charges or avoid jail time. Your attorney can help determine if this is a viable option for your case.

 

Contact Us For Help

Grand theft is a serious crime in California with severe legal consequences. Whether you are facing felony charges for stealing a vehicle or misdemeanor charges for taking property worth over $950, it is important to understand the charges against you and seek legal counsel as soon as possible. With the right defense strategy, it is possible to reduce the charges, avoid conviction, or minimize the penalties you face.

If you or someone you know is facing grand theft charges in California, contact us at 714-328-6189 today. We can help you understand your options, protect your rights, and guide you through the legal process to achieve the best possible outcome.