What Is Grand Theft Under Penal Code 487?

Grand theft, as defined under California Penal Code 487, occurs when someone unlawfully takes property valued at more than $950 or certain specific types of property, regardless of value. This crime can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history.

Theft is classified as grand theft if it involves:

• Firearms (grand theft firearm – always a felony)
• Automobiles (grand theft auto – may be charged as a felony)
• Agricultural or aquacultural products worth $250 or more
• Money, labor, or real property obtained through fraud, embezzlement, or false pretenses

Unlike petty theft, which applies to property valued at $950 or less under Penal Code 484 and 488, grand theft carries more severe penalties and is prosecuted more aggressively. Prosecutors often seek felony charges, particularly in cases involving firearms, large sums of money, or repeat offenders. Understanding the specifics of your charge and potential defenses is essential to protecting your rights and minimizing legal consequences.

Penalties for Grand Theft in California

Misdemeanor Grand Theft

• Up to 1 year in county jail
• Fines up to $1,000
• Informal probation

Felony Grand Theft

• 16 months, 2 years, or 3 years in state prison
• Higher fines
• Formal probation
• Potential sentence enhancements if a firearm was involved

If the stolen property is a firearm, the charge automatically becomes a felony, carrying up to 3 years in state prison under Penal Code 487(d)(2).

How We Defend Grand Theft Cases

Fighting a grand theft charge requires exposing weaknesses in the prosecution’s case and challenging the key elements of the crime. One of the most effective defenses is proving lack of intent. Grand theft requires the intent to permanentlydeprive someone of their property. If you mistakenly took an item, believed you had permission, or intended to return it, you may not be guilty of theft. For example, borrowing an item but failing to return it on time does not necessarily qualify as theft under the law.

Another common defense is mistaken identity. Theft charges often rely on witness testimony, security footage, or circumstantial evidence, which can be inaccurate or misleading. If you were wrongly identified, proving an alibi or demonstrating inconsistencies in the evidence can help discredit the prosecution’s case. In many cases, there is insufficient evidence to convict. Prosecutors must prove beyond a reasonable doubt that theft occurred and that you were responsible. If there is no clear video footage, unreliable witness accounts, or conflicting statements, the charges may not hold up in court.

False accusations are also a common issue in grand theft cases. People are sometimes accused due to personal disputes, business conflicts, or financial motives. If the accusation was made out of revenge, misunderstanding, or an attempt to shift blame, exposing these motives can lead to a case dismissal. Additionally, rightful ownership or consent can be a strong defense. If the property legally belonged to you or was given to you with permission, no crime was committed. Theft accusations often arise from miscommunications or civil disputes rather than criminal conduct, and providing documentation, such as contracts or messages, can help prove your case.

Contact a Los Angeles Criminal Defense Attorney to Discuss Your Case

If you are facing grand theft charges in Los Angeles, the potential consequences can be severe. A conviction under Penal Code 487 can lead to jail or prison time, substantial fines, probation, and a permanent criminal record that can affect your ability to find employment, secure housing, or maintain professional licenses. Whether you are accused of grand theft auto, theft of high-value property, or theft by fraud, it is crucial to have an experienced defense attorney on your side.

At The Law Offices of Arash Hashemi, we have over 20 years of experience successfully defending clients against grand theft and other serious theft-related charges. Attorney Hashemi personally reviews each case, examines the prosecution’s evidence for weaknesses, and develops a strategic defense to protect your rights. Depending on the details of your case, we may be able to negotiate for a dismissal, reduction of charges, or alternative sentencing options that help you avoid jail time and keep your record clean.

Grand theft cases can be complex, but early legal intervention can make all the difference. Do not wait until it is too late—contact our Los Angeles grand theft lawyer today for a free consultation and start building your defense.

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