Grand Theft Explained: California Penal Code Section 487

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What Constitutes Grand Theft?

In California, the law categorizes theft based on the value and nature of the property someone takes without permission, intending to permanently deprive the owner of its value. The state’s criminal statutes distinguish between “grand theft” and “petty theft,” each carrying different legal implications.

According to California Penal Code 487, grand theft is characterized by the unlawful taking of real or personal property, labor, or money, where the total loss amounts to $950 or more. In contrast, thefts involving losses less than $950 fall under the category of petty theft. This distinction is crucial in understanding the severity and potential legal consequences of theft-related offenses in California.

Types of Grand Theft and Their Specifics

• Theft by Larceny: Taking physical property worth over $950 without consent, intending to keep it permanently.
• Theft by False Pretense: Deceiving someone to hand over property worth more than $950 through fraudulent means.
• Theft by Trick: Using deceit to gain possession of property worth over $950, with the intention of permanent deprivation.
• Theft by Embezzlement: Fraudulently using property worth more than $950 that was entrusted to you.

Legal Implications and Penalties

Grand theft is a “wobbler” in California, meaning it can be charged as a misdemeanor or a felony, based on the specifics of the case and the defendant’s criminal history.

• Misdemeanor Penalties: Up to one year in county jail.
• Felony Penalties: 16 months, 2 years, or 3 years in state prison.
• Restitution: Offenders may be required to pay back the value of what was stolen.
• Aggravated Circumstances: If the stolen property is a firearm, grand theft is automatically a felony, potentially leading to stricter penalties.

Defending Against Grand Theft Charges

Effective defense strategies can involve several methods. You might challenge the property’s estimated value or argue against the intent to steal. Claiming rightful ownership is another option. Also, showing that there was no intent to permanently deprive can be a good defense.

Real-World Examples and Their Implications

1. Larceny: Stealing electronics worth $1,200 could lead to felony charges, with potential state prison time.
2. False Pretense: Convincing someone to hand over a valuable painting through deceit could result in felony charges, especially if the value significantly exceeds $950.
3. Trick: Acquiring a watch worth $1,000 under false pretenses and keeping it could lead to either misdemeanor or felony charges, depending on additional factors.
4. Embezzlement: Diverting $2,000 from a company account for personal use could result in felony charges, with potential state prison time and restitution.

Conclusion