Grand Theft Law in California - Penal Code 487 PC
Grand theft is a serious offense as defined under California Penal Code 487 PC. It involves unlawfully taking another person's property. The distinction between grand theft and petty theft lies in the value or nature of the property stolen, underscoring the seriousness of the crime.
While petty theft generally applies to property worth $950 or less, 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. Depending on whether the crime is charged as a felony, you could be facing up to three years in prison if convicted, a sobering reality that underscores the gravity of the situation.
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 a motor vehicle or firearm.
Grand theft is a 'wobbler' offense, a term used in California law to describe a crime that can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history.
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.
With the passage of Proposition 36, there are additional punishments for 'smash and grab' scenarios. For example, suppose someone causes at least a $50,000 property loss in a single incident, such as breaking into a store and stealing high-value items. In that case, it can result in an additional year of incarceration.
Also, if you commit grand theft with at least two other people, the judge can increase the jail sentence by one, two, or three years, a factor that should be considered with utmost caution. Grand theft under 487 PC is nearly identical to the less serious crime of petty theft (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,' which includes serious sexual crimes that require the offender to register as a sex offender or certain serious felonies, you could face grand theft charges for stealing $950 or less in goods.
You can commit grand theft by larceny, pretense, trick, or embezzlement. Understanding these distinctions is important for being fully informed and prepared.
Under California law, there are four main types of grand theft. Each type is defined by how the theft occurs, ranging from physically taking property to deceiving or betraying another person to gain ownership of their belongings. Let's review them below.
Grand Theft by Larceny
California Jury Instruction (CALCRIM 1800) defines the elements of grand theft by larceny, which is 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.
For example, if someone steals a laptop valued at $1,200 from a store, this act could qualify as grand theft larceny.
Grand Theft by False Pretense
To be convicted of theft by false pretenses (Penal Code 532 PC), prosecutors must prove beyond a reasonable doubt all the elements of California Jury Instruction (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:
- 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.
An example would be convincing someone to transfer their investment funds to you based on fraudulent claims of guaranteed high returns.
Grand Theft by Trickery
In California, to be convicted of grand theft by trick, prosecutors must prove all the crime elements of Jury Instruction beyond a reasonable doubt (CALCRIM 1805).
Grand theft by trickery is similar to theft by false pretense but with a key distinction. Here, 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:
- You gained possession of the property through deceit or fraud.
- The victim allowed possession of the property as a result of your deceptive conduct but did not intend to transfer ownership to you.
- You intended to deprive the owner of their property from the outset permanently.
For instance, borrowing someone's valuable watch under the guise of borrowing it for an event and then selling it without their knowledge falls into this category.
Grand Theft by Embezzlement
The elements of theft by embezzlement are defined under CALCRIM 1806. As defined in Penal Code 503 PC, embezzlement involves the fraudulent appropriation of someone else's property.
Grand theft by embezzlement occurs when someone 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 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.
Suppose the prosecutor alleges that you are guilty of grand theft under one of the above theories. In that case, the jury does not have to agree on which one you violated. Rather, they must only agree that you unlawfully took the property of someone else in one of those ways.
What are the Penalties for Grand Theft?
Depending on the circumstances, grand theft can be charged as a misdemeanor or a felony. In California, this is known as a "wobbler" offense.
They will usually base the decision on the circumstances of your case and your criminal history. The possible penalties include the following:
- Misdemeanor Grand Theft: Punishable by up to one year in county jail, fines, and restitution to the victim.
- Felony Grand Theft: 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. Also, depending on your occupation, your professional license could be revoked or suspended.
What are the 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.
Retail Theft
The court has the option of issuing a two-year restraining order that would ban you from entering the retail establishment you were convicted of stealing from.
Under Penal Code 496.6 PC, possessing shoplifted retail property valued at more than $950 with the intent to sell, exchange, or return it is a separate crime.
This crime is called "unlawful deprivation of a retail business opportunity" and a wobbler offense with the following penalties:
- As a misdemeanor, PC 496.6 carries up to one year in jail.
- As a felony, PC 496.6 carries a jail sentence of either 16 months, two or three years.
What are the Related Crimes?
California has several related laws related to Penal Code 487 PC grand theft, including the following:
- Grand theft auto - Penal Code 487(d)(1) PC.
- Grand theft firearm - Penal Code 487(d)(2) PC.
- Burglary - Penal Code 459 PC.
- Auto burglary - Penal Code 459 PC.
- Robbery - Penal Code 211 PC.
- Forgery - Penal Code 470 PC.
- Joyriding - Vehicle Code 10851 VC
- Misappropriation of public funds - Penal Code 424 PC.
- Petty theft - Penal Code 484 & 488 PC.
- Petty theft with a prior - Penal Code 666 PC.
What are the Common Defenses to Grand Theft Charges?
Being accused of grand theft is undoubtedly stressful, but you may have viable defenses that could result in reduced charges, dismissal, or acquittal. Below are some common strategies that a California criminal defense lawyer can use.
Perhaps we can argue there was a lack of intent. Prosecutors must prove 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 may be able to prove that you are a victim of false allegations. 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 our California criminal defense law firm, Eisner Gorin LLP, based in Los Angeles.
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