The California penal code can be a bit complicated at times. However, if you’re trying to figure out how California law differentiates grand theft from robbery, there is one main distinction between the two.
Grand theft is when a person steals something of substantial value from someone without the threat or use of force. Robbery, on the other hand, is when a person steals something from someone with the threat or use of force.
What Is Grand Theft?
In general, grand theft is 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.
It is considered grand theft if you took the property directly off of the person who owned it, such as by grabbing it from them and running. It is also grand theft if the stolen property was of a certain type, including a motor vehicle, a firearm, horses, or various agricultural products or fish/shellfish (if valued at $250 or more).
Grand theft is a wobbler offense. That means that it is up to the discretion of the prosecutor whether 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 in California?
The penalties for grand theft in California depend on whether the crime gets charged as a felony or a misdemeanor.
Misdemeanor Grand Theft Penalties
A misdemeanor charge for grand theft may not be as serious as a felony charge, but it still comes with some heavy penalties. You can also face summary probation.
Felony Grand Theft Penalties
Penalties get much harsher when you are looking at a felony conviction. They can include:
- Up to three years in prison
- Felony probation
- Convicted felon status
- Additionally, If the theft involved a firearm, the charge 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 grand theft lawyer before you say anything to the 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. That way, they don’t have to take your case to trial. They are not on your side.
Grand Theft Penalty Enhancements
For grand theft crimes that involve high-value property, the prison term for a conviction can increase significantly. The more you stole, the longer your potential prison term. The possible additional prison time is as follows:
- One extra year in prison for a theft valued at over $65,000
- Two extra years in prison for a theft valued at over $200,000
- Three extra years in prison for a theft valued at over $1.3 million
- Four extra years in prison for a theft valued at over $3.2 million
What Is Robbery?
Robbery is the most serious theft charge in California and is always charged as a felony. As stated earlier, robbery gets charged 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 found guilty of robbery.
The same holds true 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 robbery lawyer as soon as possible to protect your rights. Talk to a lawyer before you give a statement to the police or speak to the prosecutor.
What Are the Penalties for Robbery in California?
Robbery is always a felony charge in California, so the penalties are always harsh. However, there are two types of robbery. Robbery charges can either be first-degree or second-degree, with first-degree being the more serious charge.
A 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 considered second-degree robbery.
Penalties for Second-Degree Robbery
Even though second-degree robbery is the lesser charge, the penalties are still quite harsh and can follow you for the rest of your life. If convicted of second-degree robbery, you could be looking at:
- Up to five years in prison
- A fine of up to $10,000
- Felony (supervised) probation
- Felon status for life
Penalties for First-Degree Robbery
The penalties increase sharply if the charge was for a first-degree robbery. A conviction carries:
- Up to six years in prison
- A fine of up to $10,000
- Felony (supervised) probation
- Felon status for life
The prison sentence can increase to up to nine years if the robbery was committed within an inhabited structure and involved a team of three or more people.
Robbery Penalty Enhancements
There are several things that can increase the length of your prison sentence if you get convicted of robbery. If you threatened or used force on multiple people, you can face an additional count for each victim. You will also face up to six extra years of prison time if you caused anyone “great bodily harm.”
If you used a gun in the robbery and nobody was hurt, you could receive up to 20 extra years behind bars. If you used a gun, and someone was shot, you could be looking at a life sentence. Even if the shooting was accidental and the victim was only minorly wounded, you will likely face at least 25 additional years in prison.
Fighting Grand Theft and Robbery Charges in California
Fortunately, there are ways to fight grand theft and robbery charges if you have a criminal defense lawyer with experience building a strong defense. It is possible to beat these charges. The strategy that is best for you will depend upon the specifics of your case.
Even if the evidence against you is strong, there is always a high likelihood that a defense lawyer will be able to get you a plea bargain. This deal could greatly reduce your charges and sentence. Criminal prosecutors have a large caseload and are under pressure to clear as many cases in as short a period as possible while ensuring a conviction.
A prosecutor will likely agree to reduce your charges significantly as long as you enter a guilty plea. However, you should be wary of taking a plea deal without having a Los Angeles theft crimes lawyer review it with you. Accepting a felony charge could mean a strike against you under California’s Three Strike Law.
Contact a Los Angeles Criminal Defense Lawyer for a Free Consultation
Whatever the circumstances of your theft case, 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 or use our contact form to schedule a free, no-obligation case evaluation. A member of our team will review your case and advise you on your options moving forward. We’re available to help you 24/7.