In This Guide To Grand Theft Laws We'll Cover:
The elements of a “grand theft” depend on the type of grand theft that is involved (discussed in more detail in the next section).
To prove that you are guilty of grand theft, a prosecutor has to show the following:
- The defendant committed theft.
- The property’s value was over $9502.
If the value of the stolen property is $950 or less, the theft is considered to be “petty theft” pursuant to California Penal Code Section 484.
Examples of Grand Theft Under Penal Code 487
- Stealing jewelry from a jewelry store that is valued over $950.
- Removing a wallet from a woman’s purse that is physically touching the rightful owner.3
- Stealing computers or mobile devices.
Prosecutors have discretion when filing misdemeanor or felony charges and this decision is based on a variety of factors including the following4:
- The total value of the property that was alleged to have been stolen.
- How the crime was alleged to have been carried out including if there was any violence or threat of violence to victims.
- The criminal history of the individual or individuals involved, especially if there are convictions for similar crimes in the defendant’s past.
Which Office Prosecutes The Case?
The district attorney’s office typically handle felonies and the city attorney’s office handle misdemeanors. Some jurisdictions only have a district attorney’s office which handles both.
You Believed That The Property Belonged To You
If the property actually belonged to you or if you honestly but mistakenly thought that the property you took belonged to you, you are not guilty of grand theft.
This additionally shows that your intent was not to take the property; rather to claim or re-claim what you thought was rightfully yours.
You Had Consent From The Owner
If the owner of the property that you allegedly stole gave you permission to take the property, you are not guilty of grand theft.
Example
You received permission to borrow a lawnmower from your neighbor.
After borrowing the lawnmower the neighbor accuses you of stealing the lawnmower from him.
The Value Of The Property Was Less Than $950
If the alleged victim, when making a report to law enforcement, indicates that the property stolen is worth $950 or more the officer will immediately write up a report with the recommendation that prosecutors file charges of a violation of PC 487.
Once the defense can show that the correct valuation of the property is actually less than $950, it will become clear to the prosecutor, the Judge, and the jury that the appropriate charge was not filed in this case and that it should be reevaluated as such.
Grand theft is a wobbler offense which means it can be charged either as a misdemeanor or felony offense.
The level of the penalty depends on the facts of the case and your criminal history.
| Penalty | Misdemeanor | Felony |
|---|---|---|
| Probation | Not mandatory | Felony probation |
| Jail or Prison | Up to 1 year County Jail | Up to 1 year County Jail, or 16 months, 2 or 3 years in state prison subject to Penal Code 1170(h)(1) |
Is There Potential For Additional Penalties?
If there are multiple charges of theft, whether grand or petty theft, and the aggregate loss exceeds any of the statutory minimums in California Penal Code Section 12022.6(a), and the thefts arise from a common scheme or plan, an additional prison term may be imposed.
If the aggregate loss exceeds statutory amounts ranging from $50,000 to $2.5 million and the theft arises from a common scheme or plan, an additional term of one to four years may be imposed.5
The following links have additional information regarding the criminal court process:
These offenses can be charged in addition to a grand theft charge as concurrent charges:
If you have been arrested and would like to learn more about what attorneys charge.
If you want to understand why its important to have an attorney represent you.
If you are ready to discuss a pending case with an attorney contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation.
Request A Free Consultation 818-351-9555
Footnotes
- Grand Theft of Property or Services. Pen. Code, § 487(a) [property or services
exceeding $950 in value] [↩] - The value of the stolen item(s) is determined by the fair market value if it involves property. If it involves services, the value is determined by the contract price if there was a contract, or the reasonable value/rate for services in the area if there was no contract [↩]
- People v. Williams (1992) 9 Cal.App.4th 1465,1472 [12 Cal.Rptr.2d 243], People v. Huggins (1997) 51 Cal.App.4th 1654, 1656–1657 [60 Cal.Rptr.2d 177] [↩]
- Penal Code 489 PC [↩]
- Pen. Code, § 12022.6(a)(1)–(4); see People v. Daniel (1983) 145 Cal.App.3d 168, 174–175 [193 Cal.Rptr. 277] [no error in refusing to give unanimity instruction]. [↩]
I left my laptop valued at over $1200 at my ex-girlfriend's house. After asking for the laptop back about a half dozen times she still refuses to give it back. Can she be charged with grand theft or even petty theft?