GRAND THEFT

What is the definition of Grand Theft in California?

Under California Penal Code 487, Grand Theft is most often charged as a theft where the value of the property is over $950.00. If the theft is valued at $950.00 or less it may be charged as a Petty Theft. However, there are other types of theft that can be charged as a Grand Theft. We break down the basic elements of a theft that must be proven beyond a reasonable doubt here.

Grand Theft is a wobbler that can be charged as a misdemeanor or a felony.

Grand Theft may be charged when:

The value of the alleged theft exceeds $950.00
The theft is a taking directly from another’s person
The theft is of a vehicle
The theft is of a firearm
The theft is from your employer and totals $950 within a 12 month period
The theft is of animals crops or other agricultural products exceeding $250.00

How is the value accounted for?

In a theft case, the value of the alleged theft matters because it can be the difference between a petty theft, or a grand theft. Meaning the value alleged can be the difference between a misdemeanor or a felony. Under PC 484(a), the value is determined by the fair market value of the property or services alleged to have been stolen. If there is a contracted price or sticker price, the court will look to that, if not the court will look to the going wage in the area for the property or services.

Under PC 487, The value of multiple items can be added together to reach a total amount for the purposes of determining the value if multiple stolen items were a part of a common scheme or plan.

Potential Outcomes for a charge of GRAND Theft

Wobblers can be charged as a misdemeanor or a felony. With any wobbler - resolving your case as a misdemeanor and not a felony is a great outcome. Beyond that minimizing any jail time or fines is something we work diligently to negotiate, perhaps even a dismissal if the facts are in your favor or you are eligible for diversion. For more information, contact us here.

Potential punishments for a conviction as a misdemeanor range as follows:

Up to one year of jail
Fines
Restitution
Probation
A Protective Order that protects the alleged victim of the theft, or keeps you away from the property where the theft occurred

Potential punishments for a conviction as a felony range as follows:

Up to three years of jail (potentially more for a Grand Theft of a Firearm)
Fines
Restitution
Probation
A Protective Order that protects the alleged victim of the theft, or keeps you away from the property where the theft occurred

methods of proving theft

Proving a Theft

For any crime, all elements must be proven beyond a reasonable doubt. We review the general definition of a theft, here. There are several ways a Prosecutor may make a case that a theft has occurred, for example:

Theft by larceny

This often involves a physical taking and carrying away of the property, money, services, or the value of.

Theft by Trick or Fraud

Obtaining the property, money, services, or the value of by fraud or deceit.

Elements of a Theft and Potential Defenses

Wrongful or Unlawful Taking

This means the property was taken or obtained by unlawful means, or done without the consent or permission of the owner. Therefore, a defense to a theft is that you did have permission to use or obtain the property. However, if your use of the property exceeded the scope of the permitted use - for example you did not return the property when you were agreed to, then this defense would not be viable.

Property of Another

As discussed here, property can be personal property, such as a person’s belongings, or it can be money, services, or even the value of the property or services. For example, this would encompass a situation where you got a haircut and then left without paying for it. Note that under PC 484, you do not have to take the directly from the owner, but only someone in possession of the property; therefore it is not a defense that the property was taken from someone other than the true owner. However, it would be a defense to this element to have evidence that the property lawfully belonged to you.

With Intent to Permanently Retain or Deprive

Often times, the allegations in a theft case are that the person had no intention of returning the property. However, proving that you only intended to borrow the item is a difficult defense. That is because the taking of the item only needs to interrupt the lawful rights of possession or the true owner, or other party who lawfully possessed the property. Note that this does not have to actually interfere with their use, but merely their right to use their property for a period of time. For example, if you “borrowed” someone’s car, without permission it would not be a defense to theft that the owner of the car did not actually need to use the car when it was taken. However, it would be a defense that you lacked the intent to deprive the true owner at all, for example that the property was taken by mistake. So, if for example you left an item in the bottom of your shopping cart and mistakenly walked out of the store with the item unpaid for, you would have a defense to theft as you never intended to deprive the store of the item or the value of the item.

WHAT CAN YOU DO ABOUT A THEFT CHARGE?

What should I do if I am accused of Grand Theft?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Grand Theft?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Especially if you are facing a potential felony. Read more about what to do if you have been arrested here, or charged with a crime here.

What if the alleged victim wants to drop the charges against me?

Sometimes this charge stems from interactions with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney (the Prosecutor) has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.