Grand theft under California Penal Code 487 is the unlawful taking of someone else’s property, money, or labor that is worth more than $950. It can also apply to certain types of property, such as firearms and vehicles, even if they are worth less than $950.
Grand theft is different from petty theft because of the value or type of property involved. Depending on the facts of the case, it may be charged as either a misdemeanor or a felony.
Silver Law Firm has served more than 10,000 clients and is a firm that focuses solely on criminal defense. An experienced criminal defense lawyer from our firm can help you explain potential penalties under the California Penal Code and explore your legal options. We offer free consultations, so don’t hesitate to reach out to us today. Unapologetic Tenacity.
Is Grand Theft a Felony or Misdemeanor in California?
Grand theft is a wobbler offense in California. This means it can be charged as either a misdemeanor or a felony. The decision often depends on the value of the property, the facts of the case, and the person’s criminal history.
It is importnat to understand that grand theft is different from other theft crimes. For example, carjacking is a separate offense that involves taking a vehicle by force or fear; there are several details present when understanding vehicle burglary laws in California, but they are separate from grand theft.
Other examples include receiving stolen property and embezzlement, which are also separate crimes with different legal rules. If the case involves a firearm or other serious factors, prosecutors may seek harsher penalties, which may mean a felony charge.
For a free legal consultation with a grand theft lawyer serving California, call (510) 995-0000
Penalties for a PC 487 Conviction
The penalties for grand theft depend on whether the charge is filed as a misdemeanor or a felony. If charged as a misdemeanor, possible penalties include:
- Up to 1 year in county jail.
- A fine of up to $1,000.
- Summary probation, also known as informal probation.
If charged as a felony, possible penalties include:
- 16 months, 2 years, or 3 years in county jail.
- A fine of up to $10,000.
- Formal probation in some cases.
- Restitution to the victim.
- More serious consequences if the case involves a firearm or other aggravating factors.
A conviction can also leave you with a criminal record that may affect future employment and other opportunities. A criminal defense lawyer can work diligently to build a defense tailored to your exact case and situation.
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What Is Considered Grand Theft Under California Law?
California’s theft law begins with Penal Code 484, which makes it illegal to take someone else’s property without permission. Penal Code 487 makes the offense grand theft when the property meets certain value or type requirements. A theft may be charged as grand theft if:
- The property, money, or labor is worth more than $950.
- The stolen item is a firearm, no matter its value.
- The stolen item is a motor vehicle, no matter its value.
- Property is taken directly from another person’s body, such as during pickpocketing, no matter its value.
Grand theft can happen in several ways. It may involve taking property directly, using tricks or lies to get property, making false promises to receive money, or embezzling property that was entrusted to you.
Examples of Actions That Can Count as Grand Theft Under Penal Code 487?
Examples of actions that may lead to a grand theft charge include:
- Shoplifting merchandise worth more than $950.
- Stealing a car or other motor vehicle.
- Taking a firearm from someone’s home or business.
- Pickpocketing a wallet or cell phone from another person.
- Using false promises or lies to obtain more than $950.
- Keeping money or property that was entrusted to you.
Whether an act qualifies as grand theft depends on the facts of the case; talking to a lawyer can provide you with more clarity.
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Typical Legal Defenses to PC 487 Charges
Every grand theft case is different. A criminal defense attorney can review the evidence and determine which defense may apply to your situation. Here are some typical defenses to these charges:
You Had the Owner’s Consent
If the owner gave you permission to take or use the property, you may have a defense. Sometimes there is a misunderstanding about whether permission was given.
You Lacked Intent to Permanently Deprive the Owner
Grand theft requires proof that you intended to permanently keep the property or keep it long enough to take away most of its value. If you planned to return the item or believed you had a right to it, the prosecution may have trouble proving this element.
The Property Did Not Meet the Value Threshold
The value of the property matters in many grand theft cases. If the property was worth $950 or less and none of the special rules apply, the charge may be reduced to petty theft.
You Were Falsely Accused or Misidentified
Mistaken identity and false accusations happen. Your attorney may use surveillance video, witness statements, receipts, phone records, or other evidence to challenge the prosecution’s case.
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Get Help After a Grand Theft Charge in California
A grand theft charge can have serious consequences, especially because it may be charged as either a misdemeanor or a felony. The sooner you speak with a lawyer, the sooner they can begin protecting your rights.
Silver Law Firm attorneys have over 37 years of combined experience handling difficult criminal cases. We are ready to explain your options, answer your questions, and fight for your rights and defense based on your case.
Reach out to our firm today for a no-obligation, free consultation. Silver Law Firm produces results.
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