Penal Code 487 PC - Grand Theft Law in California

Grand theft under California Penal Code 487 PC involves unlawfully taking another person's property worth over $950. The distinction between grand theft and petty theft lies in the value or nature of the property stolen. Grand theft is a wobbler that can be filed as either a misdemeanor or a felony.

Simply put, grand theft covers property valued at over $950 or cases involving specific items, such as vehicles or firearms. If you're accused of grand theft, the potential consequences are significant and should not be taken lightly. 

PC 487 defines grand theft as stealing personal property, real estate, money, or labor worth more than $950 or property directly from someone, regardless of its value. Grand theft also includes stealing a motor vehicle or firearm, regardless of its value.

With the passage of Proposition 36, there are additional punishments for “smash and grab” cases. For example, if someone causes at least a $50,000 property loss, it can result in an additional year of incarceration. If you commit grand theft with at least two other people, the judge can increase the jail sentence by one, two, or three years. These additional punishments underscore the need for caution and respect for the law, emphasizing the importance of compliance.

Grand theft under 487 PC is similar to the less serious crime of shoplifting under California law. The main difference is that grand theft involves taking property worth more than $950. Notably, if you have a prior conviction for a registerable sex offense or certain serious felonies, you could face grand theft charges for stealing $950 or less in goods.

You can also be charged with grand theft if you repeatedly take money, labor, or personal property from your employer and the total value of the property stolen is more than $950 during any 12 months.

Penal Code 487 PC defines this type of theft-related offense as “Grand theft is a theft committed when the money, labor, or real or personal property taken has a value that exceeds $950.” There are different ways to commit a PC 487 grand theft depending on the type of charge, as discussed below. 

Grand Theft by Larceny

CALCRIM 1800 defines the elements of grand theft by larceny, the most straightforward form of theft. It occurs when someone physically takes property from another person with the intent to deprive them of it permanently.
 
This often involves stealing items worth more than $950, such as high-value electronics, jewelry, cash, a vehicle, etc. For grand theft larceny to be proven, prosecutors must establish that:
  • You took possession of property owned by someone else.
  • The property was taken without the owner's consent.
  • At the time of the theft, you intended to deprive the owner of the property permanently.
  • The value of the property exceeded $950.

Grand Theft by False Pretense 

To be convicted of theft by false pretenses under Penal Code 532 PC, prosecutors must prove beyond a reasonable doubt all the elements of CALCRIM 1804. 
 
Grand theft by false pretense occurs when you deceive someone into voluntarily transferring ownership of their property to you. Rather than taking the item by force, this crime involves misrepresenting facts or making false promises to gain the victim's trust.
 
To prove grand theft by false pretense, the prosecution must show the following:
  • You knowingly and intentionally deceived the property owner.
  • The property owner relied on this deception when transferring ownership of the property.
  • You intended to take possession and ownership of the property permanently.

Grand Theft by Trickery 

To be convicted of grand theft by trick, prosecutors must prove all the crime elements of CALCRIM 1805 beyond a reasonable doubt. 
 
Grand theft by trickery is when the victim gives up possession of their property based on the defendant's dishonest actions, but ownership does not transfer. It is often seen in cases involving temporary loans of property or money under false assurances.
 
Prosecutors must prove the following elements of the crime:
  • You gained possession of the property through deceit or fraud.
  • The victim allowed possession of the property as a result of your deceptive conduct.
  • The victim did not intend to transfer ownership to you.
  • You intended to deprive the owner of their property permanently from the outset.

Grand Theft by Embezzlement 

CALCRIM 1806 defines the elements of theft by embezzlement. Under Penal Code 503 PC, embezzlement involves the fraudulent appropriation of someone else's property. 
 
Grand theft by embezzlement occurs when somebody who is entrusted with another person's property takes it for their use through fraudulent means. This typically applies to employees, financial managers, or anyone in a position of trust and authority over someone else's property or funds.
 
To establish this crime, prosecutors must prove the following:
  • The owner entrusted their property to you.
  • You fraudulently converted or misused the property for your benefit.
  • You acted with the intent to deprive the owner of their property permanently.
For example, an employee who has access to their employer's bank account and transfers large sums into their account without authorization could face charges of grand theft by embezzlement.
 

Penalties for Grand Theft

Depending on the circumstances, grand theft can be charged as a misdemeanor or a felony, called a “wobbler” offense. Prosecutors base their decision on the circumstances of your case and your criminal history. The possible penalties include the following:

  • Misdemeanor grand theft is punishable by up to one year in county jail, fines, and restitution to the victim.
  • Felony grand theft is punishable by 16 months, two years, or three years in state prison, along with fines and restitution.

Additional penalties may apply in cases involving the theft of firearms, vehicles, or items of significant cultural or historical importance. You can also be ordered to pay restitution. If you are a non-citizen, you could potentially be deported, adding a layer of urgency to your legal situation and the need for immediate legal action. 

Penalty Enhancements

Suppose you are facing felony grand theft charges. In that case, you can receive an additional and consecutive prison sentence if the value of the property you stole was unusually high, such as the following:

  • One year if the property was worth over $50,000.
  • Two years if the property was worth over $200,000.
  • Three years if the property was worth over $1,000,000.
  • Four years if the property was worth over $3,000,000. 

Notably, to determine the value of property stolen for sentence enhancement purposes, courts will add together the value of all property stolen under a common scheme or plan.

A defendant could also face a “strike” under California's three-strikes law, which mandates harsher sentences for individuals convicted of a felony if they have been previously convicted of two or more serious or violent felonies. Under this law, a third felony conviction can result in a life sentence, making it crucial to seek legal help to avoid such severe consequences.

Related Crimes for Grand Theft

Will You Go to Jail?

Grand theft is a serious charge that can lead to significant consequences. Although many non-violent activities result in a grand theft charge, the potential outcomes should not be underestimated.

Nobody wants to have a grand theft charge on their record, and you could end up getting a prison sentence or a jail sentence, depending on several factors. Probably one of the most significant factors that they're going to look at in deciding whether they're going to send you to jail or prison is:

  • Exactly how much money or goods were taken,
  • Whether a defendant can pay the victim back,
  • Defendant's criminal history.

Another big concern about being taken into custody if you've stolen something is whether you can either pay the money back that was taken or return the item or the value of the item or items taken.

If you can get the money or the property back, if you pay it upfront and complete the alleged victim whole and bring them back where they were before, now you put yourself in a position to try to avoid jail or prison time.

Common Grand Theft Defenses 

Being accused of grand theft is stressful, but you may have valid defenses that could result in reduced charges, dismissal, or acquittal. Below are some common strategies that a California criminal defense lawyer can use.

Common Grand Theft Defenses

Perhaps we can argue there was a lack of intent. The district attorney must prove that you intended to deprive the owner of their property permanently. If intent cannot be established, you cannot be convicted of grand theft.

Perhaps we can argue that there was consent.  If the property owner willingly gave you possession or ownership of the property with full knowledge of the facts, it negates the elements of theft. Perhaps we can argue mistaken value. If the property in question is worth less than $950, the charge should be reduced to petty theft, not grand theft.

Perhaps we can argue that you were falsely accused. Often, people are falsely accused and wrongly arrested for embezzlement and other grand theft offenses. We can investigate the accusers by reviewing text messages, etc. Sometimes, false accusations of grand theft result from a bad business deal. For more information, contact the Hedding Law Firm, located in Los Angeles.

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