Under California law, Penal Code Section 487: Grand Theft defines the crime of grand theft by outlining which kinds of theft cross the threshold of petty theft and into the category of grand theft. From the theft of personal property to the misappropriation of agricultural produce, Section 487 outlines the nuances that distinguish grand theft from lesser theft offenses.
This article delves into the intricacies of California’s Grand Theft law, examining its provisions, implications, and the penalties associated with its violation. Understanding California’s Penal Code not only sheds light on legal definitions but also underscores the state’s efforts to maintain justice and protect personal property rights. For more information, contact our Los Angeles criminal defense lawyers.
Understanding California Penal Code Section 487
Theft crimes are handled very harshly in the court system in Los Angeles. There are several charges used to prosecute different acts of theft, including:
- California Penal Code Section 484(a) and 488: Petty Theft
- California Penal Code Section 487: Grand Theft
- California Penal Code Section 211: Robbery
- California Penal Code Section 459: Burglary
Grand theft is one of the most serious types of theft offense charges. Individuals who are convicted of grand theft can expect to be incarcerated and heavily fined. Learn more about the specific definition of grand theft and defenses against this criminal charge with the professionals at the Simmrin Law Group.
For a free legal consultation with a grand theft lawyer serving California, call (310) 896-2723
Defining PC 487: Grand Theft
Grand theft is more serious than petty theft. Petty theft is a less serious offense because it involves the stealing of less valuable property. PC 487 is used to prosecute acts of theft that involve more than $950 in California. This penal code can also apply if individuals steal any of the following items, regardless of their monetary value:
- Firearms
- Horses
- Motor Vehicles
Note that in the case of motor vehicles, individuals are typically charged with a different criminal act called California Penal Code Section 487(d)(1): Grand Theft Auto.
Individuals may even face grand theft charges if they steal more than $250 worth of the following from a property owner:
- Domestic Fowls
- Fruits
- Vegetables
- Other farm Crops
- Aquacultural farm Crops
Grand theft may be charged as a misdemeanor or a felony in California. Generally, prosecutors will treat grand theft as a felony if it involves firearms or motor vehicles. The court will also consider an individual’s criminal history and the severity of the types of theft when deciding if a charge will be a misdemeanor or a felony.
Note that, unlike robbery charges, individuals can be charged with grand theft even if they do not use threats or force on another person. If you’ve been charged with stealing personal property beyond petty theft, our criminal defense attorneys may be able to help.
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Types of Grand Theft
Grand theft in California can involve various types of property and circumstances, each defined by specific criteria under the law:
- Grand theft auto: Grand theft auto involves stealing a vehicle, typically valued over $950, with the intent to permanently deprive the owner.
- Grand theft by larceny: This is the taking property directly from another person, without consent, and valuing over $950.
- Grand theft by false pretenses: This includes obtaining property through deceit or fraud, with the intent to permanently deprive the owner.
- Grand theft by embezzlement: This is misappropriating property entrusted to the defendant’s care, typically in an employment or fiduciary relationship, valued over $950.
- Grand theft of firearms: This is stealing any firearm, regardless of its value.
- Grand theft of agricultural products: This is taking farm crops or livestock valued at over $250.
- Grand theft of certain animals: This is the stealing of specific animals like horses or cattle, regardless of value.
Each type of grand theft carries serious legal consequences and may result in felony charges, leading to imprisonment, fines, and other penalties.
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What Are Some Examples of Grand Theft?
There are many different acts that can be prosecuted under PC 487, including the following examples:
Man A works with Man B. Man B always brings his personal laptop to work and plays games on it at lunch. Man A decides to take the laptop one day, while Man B is distracted. He walks off with a piece of the property owner’s technology worth over $1,000 and is guilty of grand theft.
Woman A enters the farm of Woman B one night. Woman B has several horses, and Woman A wants one. She takes a young horse and rides off. The horse is technically worth less than $950, but Woman A is automatically guilty of grand theft because she stole a horse from the property owner, regardless of its monetary value.
Petty Theft vs. Grand Theft
Petty theft and grand theft in California differ primarily based on the value of the stolen property. Petty theft involves property valued at $950 or less and is typically charged as a misdemeanor, resulting in penalties like fines, probation, or up to six months in county jail. Grand theft involves property valued over $950 and can be charged as either a misdemeanor or a felony.
As a felony, it can lead to harsher penalties, including up to three years in state prison. The distinction between petty theft and grand theft significantly impacts the severity of the legal consequences. For more information about the difference between petty theft, contact our petty theft attorneys.
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Penalties for Grand Theft Conviction
Misdemeanor grand theft and felony grand theft are punished in different ways in Los Angeles. Individuals who are convicted of misdemeanor grand theft can be sent to a county jail for 1 year. A felony grand theft conviction can lead to 3 years of prison time.
Note that the courts in California can add:
- 1 Additional Year in Prison for Grand Theft of $65,000 – $200,000
- 2 Additional Years in Prison for Grand Theft of $200,00 – $1,300,000
- 3 Additional Years in Prison for Grand Theft of $1,300,000 – $3,200,000
- 4 Additional Years in Prison for Grand Theft of Over $3,200,000
A grand theft conviction can take years of your life away.
Penalty Enhancement
Penalty enhancement in the context of grand theft refers to increasing the severity of penalties based on specific circumstances surrounding the crime. In California, there are several factors that can lead to penalty enhancement for grand theft, including the value of the real property and aggravating factors.
Felony Conviction for Grand Theft Auto
A felony conviction for Grand Theft Auto (GTA) in California involves taking a vehicle with the intent to permanently deprive the owner. This serious charge can result in significant legal consequences, including 16 months, 2 years, or 3 years in state prison. Additionally, the convicted individual may face substantial fines, probation, restitution to the victim, and a permanent criminal record.
Such a record can severely impact future employment opportunities, housing options, and other aspects of life. Legal representation is essential to navigate and potentially mitigate the repercussions of a felony GTA conviction. If you’ve been charged with grand theft auto, contact our grand theft auto attorneys today.
Legal Defenses for Grand Theft Charges in California
The following are legal defenses that can be used to beat charges under PC 487. You can contact a Los Angeles criminal defense lawyer if you or a loved one has been charged with grand theft. Your lawyer could build a case if:
Legal Defense #1: You Did Not Intend to Steal Anything
Individuals must intentionally take someone else’s personal property to be convicted of grand theft. If you did not intentionally commit an act of theft, you should not be convicted under PC 487.
Legal Defense #2: You Were Taking Your Personal Property
Sometimes, you may take personal property that belongs to you. For example, if you go to an ex’s house to get your collection of personal property after a break-up, you should not be charged with grand theft.
Legal Defense #3: You Were Falsely Accused
Many individuals are falsely accused of criminal acts in California every day. Your theft crimes lawyer in Beverly Hills can focus on the facts of your case and investigate your alibi if you were blamed for an act of grand theft that you did not commit. If you’ve been accused of stealing personal property, don’t wait to call our criminal defense attorneys.
Legal Defense #4: Lack of Intent
Another potential defense is to argue that the defendant had a lack of intent to commit theft. In criminal law, intent is a crucial element of many crimes, including theft. We can prove your lack of intent when it comes to your “act of theft”.
Other Types of Theft in California
Petty Theft
Petty theft in California is defined as the unlawful taking of real property valued at $950 or less. Petty theft is considered a misdemeanor. Common examples of petty theft include:
- Shoplifting
- Employee theft
Petty theft also encompasses stealing items from a person’s home or yard, such as garden tools, decorations, or small pieces of furniture. Bicycle theft is another prevalent example, where someone takes a bike that is left unlocked or inadequately secured. Additionally, dining and dashing, where a person eats at a restaurant and leaves without paying, falls under petty theft.
The consequences of petty theft in California can include fines, probation, community service, and up to six months in county jail. The specific penalties for petty theft often depend on the circumstances of the theft and the individual’s prior criminal record. Although it is a minor offense compared to grand theft, petty theft can still have significant legal repercussions and impact an individual’s future, especially if they have prior theft convictions.
Theft by Larceny
Theft by larceny is the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of its possession. Larceny is one of the oldest and most basic forms of theft, distinguished by the physical removal of property without the owner’s consent.
For a theft to qualify as larceny, several key elements must be present:
- Unlawful taking and carrying away: The perpetrator must physically take possession of the property and move it. Even a slight movement of the property is sufficient to meet this criterion.
- Personal property: The property taken must be personal property, not real estate or intangible assets.
- Without consent: The taking must be without the owner’s permission. If the owner consents to the taking, even under false pretenses, it may constitute a different type of theft, such as fraud.
- Intent to permanently deprive: The perpetrator must have the intent to permanently deprive the owner of the property. If the intention is to borrow the property and return it later, it is not considered larceny.
Examples of larceny include shoplifting, where an individual takes items from a store without paying for them, or pickpocketing, where someone steals a wallet or phone from another person’s pocket or bag. Other examples include stealing a car (grand larceny due to the value) or taking someone’s unattended personal belongings, like a laptop or bicycle.
Auto Theft in California
In California, acts of theft involving auto vehicles refers to the unlawful taking or driving of someone else’s vehicle without permission. It encompasses both Grand Theft Auto (GTA) and joyriding. Auto theft involves taking a vehicle with the intent to permanently deprive the owner and can be charged as a misdemeanor or a felony, leading to up to years in state prison.
Additionally, joyriding is another type of auto theft that involves temporary use without consent and carries similar penalties. A key element in both crimes is the intent to take the vehicle without the owner’s permission.
Legal defenses against auto theft charges include demonstrating a lack of intent, such as believing the vehicle was borrowed with permission or that it belonged to the defendant. Consent from the owner or a mistake of fact can also be valid legal defenses.
Get Professional Help Handling PC 487 Charges
A conviction under California Penal Code 487: Grand Theft can impact the rest of your life. Don’t lose years of your life to prison by trying to face these charges alone. You can reach out to the Simmrin Law Group for professional help from a skilled criminal defense attorney.
We offer our clients a FREE initial case evaluation for grand theft charges. You can reach us by filling out our online contact form or giving us a phone call; don’t wait because we’re here to help you with your theft charge.
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