How does California law classify grand theft vs robbery?
The California penal code can be a bit complicated at times. But if you’re trying to figure out how California law classifies grand theft vs robbery, the main distinction is that in the case of grand theft, you stole something of substantial value from someone without force or the threat of force. Robbery, on the other hand, is when you steal something from someone with the use of force or threat of force.
If you or a loved one have been charged with either grand theft or robbery, you need a good Los Angeles criminal defense lawyer on your side. Here at the Simmrin Law Group, we have established ourselves as one of the top criminal defense firms in California. Depending on your particular situation, we may be able to get the charges against you reduced, or even dismissed.
What Is Grand Theft?
In general, grand theft is generally when the property stolen from someone exceeds $950 in value, and no force or threat of force was used.. You can find the full definition in California Penal Code Section 487. There are a few instances where the theft is automatically grand theft, regardless of the value of the stolen property. These include:
- You took the property directly off of the person who owned it, such as by grabbing it from them and running — think purse snatching or theft of their cell phone.
- The property was of a certain type, including a motor vehicle (see Grand Theft Auto), a firearm, horses, or various agricultural products or fish/shellfish, if they are valued at $250 or more.
Grand theft is one of those charges where the prosecutor can use their discretion to charge it as a misdemeanor or a felony. Which charge they decide upon can depend on several factors, including the exact circumstances of your case and if you have a previous criminal record.
What Are the Penalties for Grand Theft?
The penalties for grand depend on the charge — misdemeanor or felony.
Misdemeanor Grand Theft Penalties
- Up to 1 year in county jail
Felony Grand Theft Penalties
- 16 months, 2 years or 3 years in state prison
- Felony probation which can include up to a year of jail
- Convicted felon status
- Additionally, If the theft involved a firearm, the conviction is also a “strike” under California’s three strikes law.
If you’ve been arrested and charged with grand theft, don’t try to go it alone. Talk to an experienced Los Angeles grand theft lawyer before you say anything to police, and definitely before you accept a plea deal from the prosecutor’s office. The police want you to confess to the crime, and the prosecutor wants you to plead guilty so they don’t have to take your case to trial. They are not on your side. We are, and our goal is to get you the best possible outcome for your case.
What is Robbery?
Robbery is the most serious theft charge in California, and it is always charged as a felony. As we stated earlier, robbery is the charge if you used force or the threat of force during the theft. This means even if you didn’t have a weapon, but pretended you had a gun in your pocket, you could be charged with robbery. Same thing if you threatened to beat someone up if they didn’t hand over their new cell phone, even if you were bluffing.
If you or a loved one has been charged with robbery, you should contact a Los Angeles robbery lawyer as soon as possible to protect your rights. Talk to a lawyer before you give a statement to police or speak to the prosecutor..
What Are the Penalties for Robbery?
Robbery is always a felony charge, so the penalties are pretty serious. However, there are two types of robbery — first degree and second degree, with first degree being the more serious charge.
First degree robbery includes:
- Robbing the driver (or passenger) of a bus, taxi, etc.
- Any robbery that takes place in an inhabited structure, such as an apartment or home
- Robbing anyone near an ATM after they used it
Every other robbery is second degree robbery.
Penalties for first degree robbery
- 3, 6 or 9 years in state prison if the robbery was inside an inhabited structure and involved a team of 3 or more people
- 3, 4 or 6 years in state prison otherwise
- A fine of up to $10,000
- Felony (supervised) probation and felon status for life
Penalties for second degree robbery
- 2, 3 or 5 years in state prison
- A fine of up to $10,000
- Felony (supervised) probation and felon status for life
Extra penalties
- You will face an extra count of robbery—and an extra sentence—for each extra person you threatened or used force on.
- If you caused someone “great bodily injury” (a serious injury of any kind), you will receive an extra 3-6 years of prison time.
- If you used a gun in the robbery and no one was hurt, you will receive an extra 10-20 years in prison.
- If you used a gun and someone got shot, even accidentally, you can face an extra 25 years to life in prison—even if they did not die.
There are ways to get fight grand theft and robbery charges, if you have a criminal defense lawyer who is experienced in building a strong defense. In many cases, we can get charges reduced or dismissed. And we are always prepared to take your case to trial..
Contact a Los Angeles Criminal Defense Lawyer for a FREE Consultation
Whatever the circumstances of your theft case are, you need a lawyer working with you to help make sure you get the best possible outcome for you and your family. If you or a loved one has already been charged with grand theft or robbery, you need an experienced Los Angeles criminal defense lawyer on your side. Call the Simmrin Law Group at 310-997-4688 or use our contact form for a free case evaluation. We’re available to help you 24/7.