Grand theft is defined as the unlawful and intentional act of taking or appropriating someone else's property, usually of significant value, with the intention of permanently depriving the rightful owner of that property. The value of the property should be $950 or more. Those charged with grand theft in California, are subject to specific legal consequences outlined under the California Penal Code (Section 487). If you are facing grand theft charges, it is essential to consult with an attorney. Our experienced criminal defense attorneys at California Criminal Lawyer Group in Bakersfield can provide you with legal advice, help you understand the specific charges you're facing, and guide you through the legal process.

Elements of Grand Theft

To secure a conviction under PC 487, the prosecution must prove specific elements beyond a reasonable doubt.

Unlawful Taking

The core element of grand theft in California is the unlawful taking of another person's property. This involves the intentional act of acquiring, appropriating, or obtaining possession of someone else's property without their consent or legal authority. Even temporarily depriving the owner of their property can constitute theft if it's done unlawfully and with the intention of permanently depriving them.

Specific Intent

To establish grand theft, the prosecution must prove that the defendant had the specific intent to permanently deprive the owner of their property. This means that at the time of the theft, the individual must have consciously intended not to return the stolen property to its rightful owner. The focus here is on the defendant's mental state and their intent to take the property permanently.

Value of the Stolen Property

The value of the stolen property is a critical factor in determining whether an offense qualifies as grand theft. In California, the threshold for grand theft is property valued at $950 or more. If the stolen property's value exceeds this threshold, it falls under the purview of grand theft. However, it's important to note that this threshold can change over time due to legislative adjustments or inflation adjustments.

Types of Grand Theft Offenses

Below are the primary categories of grand theft in California and the penalties associated with each.

Grand Theft by Larceny

Grand theft by larceny is one of California's most common forms of grand theft. It occurs when an individual unlawfully takes someone else's property without their consent and with the intention of permanently depriving the rightful owner of that property. The stolen property’s value plays a pivotal role in classifying it as grand theft.

  • Threshold Value — In California, the value threshold for grand theft is generally property worth $950 or more. If the stolen property surpasses this threshold, it can be considered grand theft, subject to the associated penalties.

Auto Theft

Grand theft auto is a well-known form of grand theft that involves the unlawful taking of a motor vehicle, such as a car, motorcycle, or truck. Regardless of the vehicle's value, stealing a motor vehicle is considered a serious criminal offense in California.

  • Consequences — Conviction for grand theft auto can result in significant penalties, including fines, probation, restitution to the owner, and incarceration.

Agricultural Theft

Agricultural theft involves the theft of agricultural products, such as crops, livestock, or equipment. This type of grand theft can have a significant impact on California's agriculture industry, which is one of the largest in the United States.

  • Consequences — Penalties for agricultural theft can be severe, as it may lead to substantial financial losses for farmers and agribusinesses. Offenders may face fines, imprisonment, and restitution orders.

Theft of Firearms

The theft of firearms is treated with particular gravity under California law due to the potential for these stolen weapons to pose a serious threat to public safety. Even the theft of a single firearm can result in a grand theft charge.

  • Consequences — Those convicted of stealing firearms may face harsh penalties, including lengthy prison sentences, as well as potential federal charges and consequences.

Embezzlement

Embezzlement is a unique form of grand theft that involves the misappropriation of funds or property by someone entrusted with them. This can occur in various settings, including employment or volunteer positions.

  • Consequences — Embezzlement convictions can lead to harsh consequences, including restitution orders, fines, and imprisonment.

Penalties for Grand Theft

Grand theft penalties can vary depending on several factors, including the stolen property’s value, the type of property stolen, and the defendant's criminal history.

California classifies grand theft into different degrees based on the value and type of the stolen property. The primary degrees of grand theft are as follows:

  • Grand Theft in the First Degree — Typically involves theft of property valued above a specified threshold, such as $950 or more.
  • Grand Theft in the Second Degree — Involves theft of property valued below the threshold for first-degree grand theft but above a lower threshold. The specific values may vary, so consulting the current law is essential.

Grand theft is considered a wobbler in California meaning a defendant can be charged with a felony or misdemeanor. If charged with a felony, the penalties may include:

  • 3 years imprisonment, and/or a maximum fine of$10,000.

If charged with a misdemeanor, the penalties may include:

  • 6 months detainment in county jail and fines of up to $1,000.

Three Strikes Law

California has a "Three Strikes" law, which means that individuals with certain prior serious or violent felony convictions who are subsequently convicted of grand theft can face significantly longer prison sentences. Under this law, a third felony conviction can result in a minimum prison sentence of 25 years to life.

Defenses for Grand Theft Charges

Below are some common defenses for grand theft charges.

Lack of Intent

One of the primary defenses against grand theft charges is demonstrating a lack of intent. In California, to be convicted of grand theft, the prosecution must prove that the defendant had the specific intent to permanently deprive the owner of their property. If the defendant can show that they did not possess this intent, it can be a strong defense.

For instance, if the accused genuinely believed they had the owner's permission to use or borrow the property, their lack of intent to steal can be a persuasive defense. This defense may be particularly effective if there is a misunderstanding or miscommunication between the parties involved.

Claim of Right

The claim of right defense is based on the belief that the defendant had a legitimate claim to the property in question. If the accused genuinely believed that they had a right to the property, even if that belief was mistaken, it can be used as a defense against grand theft charges. This defense can be applicable in cases where the accused believed they were retrieving property owed to them, had an ownership interest, or were acting on a reasonable legal belief.

Consent

Consent is a critical element in many theft cases. If the defendant can demonstrate that they had the owner's consent to take or use the property, this can serve as a strong defense. Consent can be expressed verbally or implied through actions or circumstances.

However, it's essential to establish that the consent was genuine and not obtained through fraud or misrepresentation. Consent obtained through deception or coercion may not be a valid defense.

Mistaken Identity

In some cases, individuals may be wrongly accused of grand theft due to mistaken identity. If the prosecution cannot prove beyond a reasonable doubt that the accused was the person who committed the theft, this can be a powerful defense.

This defense may involve providing an alibi, presenting evidence that the defendant was elsewhere at the time of the theft, or showing that there were other individuals with a similar appearance who could have committed the crime.

Ownership Dispute

In situations where there is a genuine dispute over ownership of the property, the defense may argue that the alleged theft is, in fact, a civil matter rather than a criminal one. It is crucial to provide evidence and documentation supporting the defendant's claim of ownership or rights to the property.

Insufficient Evidence

Another potential defense against grand theft charges is challenging the prosecution's evidence. This may involve showing that the evidence is weak, inconsistent, or lacks credibility. In some cases, the defense may argue that the prosecution has failed to meet its burden of proof beyond a reasonable doubt.

Petty Theft vs. Grand Theft

Petty theft and grand theft are two distinct categories of theft offenses, each with its own set of legal definitions and consequences. Understanding the differences between these two charges is essential for both legal professionals and individuals seeking to navigate the criminal justice system.

Petty Theft

Petty theft, also known as petit theft in some jurisdictions, is the less severe of the two theft offenses. It involves the unlawful taking or appropriation of another person's property without their consent, typically of relatively low value. Key characteristics of petty theft include:

  • Value Threshold — Petty theft is generally associated with stolen property valued below a specified threshold. In California, for example, petty theft typically involves property valued at less than $950.
  • Misdemeanor Offense — Petty theft is usually considered a misdemeanor. Misdemeanors generally carry lighter penalties than felonies and are punishable by fines, probation, and, in some cases, a maximum of one year in county jail.
  • Example — Stealing a bicycle or shoplifting items from a store with a total value of $500 would likely be considered petty theft.

Grand Theft

Grand theft, on the other hand, is a more serious offense. It involves taking or appropriation of another person's property unlawfully, of significant value. The key characteristics of grand theft include:

  • Higher Value Threshold — Grand theft is typically associated with stolen property valued at or above a specified threshold. In California, this threshold is often set at $950 or more, although it may vary depending on the jurisdiction and the specific circumstances.
  • Felony or Misdemeanor — Grand theft is mainly charged as a felony or a misdemeanor, depending on various factors, including the stolen property’s value and the defendant's criminal history. Felony grand theft carries more severe penalties, including potential state prison sentences.
  • Examples — Stealing a high-end smartphone valued at $1,000 or more, embezzling a substantial sum of money from an employer, or stealing a firearm can all lead to grand theft charges.

Aggravating Factors

In some cases, there are aggravating factors can elevate a theft offense from petty theft to grand theft, even if the property's value is below the typical threshold. Aggravating factors may include:

  • Theft from a Person — Stealing directly from an individual's person, such as pickpocketing or purse snatching, is often treated as grand theft due to the invasive nature of the crime.
  • Theft of Certain Types of Property — Some jurisdictions classify theft of specific types of property, such as firearms or vehicles, as grand theft, regardless of their value.
  • Repeat Offenses — If an individual has prior theft convictions, subsequent theft offenses may be charged as grand theft, even if the stolen property’s value is relatively low.

Faqs About Grand Theft

Here are frequently asked questions (FAQs) related to grand theft:

Can I be charged with multiple counts of grand theft for a single incident?

Yes, if you steal multiple items during a single incident, you may be charged with multiple counts of grand theft, each based on the value of the stolen items.

What is the statute of limitations for prosecuting grand theft in California?

In most cases, the statute of limitations for prosecuting grand theft is three years from the date of the theft. However, it can vary depending on the specific circumstances.

Can I be charged with grand theft even if I didn't physically take the property?

Yes, if you aided, abetted, or conspired with others in committing grand theft, you can be charged as if you had physically taken the property.

Can I be charged with grand theft if I return the stolen property?

While returning stolen property may mitigate the offense, it does not necessarily absolve you of criminal liability. You may still face charges, but restitution may be considered in your case.

What are the potential immigration consequences of a grand theft conviction in California?

A grand theft conviction can have immigration consequences, including deportation or ineligibility for certain visas or immigration benefits.

Is it possible to expunge a grand theft conviction from my record in California?

In some cases, individuals with a grand theft conviction in California may be eligible for expungement. Expungement allows for sealing the criminal record, but eligibility requirements can vary. Consulting with an attorney is advisable to explore this option further.

Related Offenses

Below are some of the offenses commonly charged alongside or in conjunction with grand theft under California law

Conspiracy to Commit Grand Theft

Conspiracy to commit grand theft occurs when two or more individuals conspire or plan to commit grand theft. While the theft itself may not have occurred, the act of conspiring to commit the offense is a crime in California.

Elements of Conspiracy to Commit Grand Theft

For a charge of conspiracy to commit grand theft to be valid in California, several elements must be established:

  • Agreement — The individuals involved must have a mutual agreement or understanding to commit grand theft. This agreement can be either explicit or implicit, but there must be a meeting of the minds.
  • Specific Intent — The individuals must possess the specific intent to commit grand theft. This means they must intend to engage in the theft and unlawfully take someone else's property.
  • Overt Act — An overt act is a significant step taken in furtherance of the conspiracy. It may be a physical action, such as purchasing tools to aid in the theft or conducting surveillance of the target. The overt act demonstrates the seriousness of the conspiracy.

Penalties for Conspiracy to Commit Grand Theft

Conspiracy penalties vary depending on the underlying crime. In California, conspiracy is punished to the same degree as the underlying offense. This means that penalties for conspiracy to commit grand theft can be similar to those for grand theft itself.

Burglary

Burglary is often charged alongside grand theft when the theft involves breaking into a building, vehicle, or dwelling with the intent to commit theft or another felony inside.

The essential elements of burglary are:

  • Unlawful Entry — To be charged with burglary, a person must unlawfully enter a building, vehicle, or dwelling. This may involve breaking and entering or even simply trespassing without permission.
  • Specific Intent — Burglary is not merely about entering a space unlawfully; it requires the specific intent to commit theft, vandalism, or another felony once inside. This intent sets burglary apart from mere trespassing.

Types of Burglary

Burglary can be categorized into two main types:

  • Residential Burglary — This type of burglary occurs when an individual unlawfully enters a residence with the intent to commit theft or a felony. Residential burglary is generally considered a more serious offense due to the potential invasion of personal privacy and security.
  • Commercial Burglary — Commercial burglary involves unlawfully entering a business, store, or any commercial establishment with the intent to commit theft or another felony. While it still constitutes a serious crime, it is usually treated somewhat differently from residential burglary in terms of sentencing.

Penalties for Burglary

Burglary can be charged as either a felony or a misdemeanor depending on the circumstances. Penalties may include 6 months imprisonment, maximum fines of $1,000, informal probation, and restitution to the victim.

Robbery

Robbery is another offense that may accompany grand theft, particularly when the theft involves the use of force, fear, or intimidation.

The essential elements of robbery are as follows:

  • Taking Property — Robbery begins with the act of taking property that belongs to someone else. This property can include money, personal belongings, or any other valuables.
  • Use of Force or Fear — What sets robbery apart from other theft-related crimes is the use of force or intimidation. The offender must employ physical force or the threat of harm to the victim to facilitate the theft. The fear or intimidation factor is crucial in the commission of robbery.
  • Intent to permanently deprive the victim of their property.

Penalties for Robbery

Robbery is a serious felony in California, and penalties can include 3 years of prison time, fines of up to $10,000, and restitution to the victim.

Possession of Stolen Property

Individuals may face charges for possessing stolen property if they are found in possession of property they know or reasonably should know is stolen.

The key elements of this offense include:

  • Possession — To be charged with this offense, an individual must have actual or constructive possession of the stolen property. Actual possession involves having the item physically on one's person, while constructive possession refers to control over the item, even if it's not in immediate physical proximity.
  • Knowledge or Reasonable Belief — The crucial element in a possession of stolen property case is the defendant's knowledge or reasonable belief that the property is stolen. This knowledge or belief can be established through evidence of statements, actions, or circumstances surrounding the possession.

Penalties for Possession of Stolen Property

Penalties for this offense depend on factors like the stolen property’s value and the defendant's criminal history. Convictions can result in fines of up to $1,000, 6 months imprisonment, informal probation, and restitution to the victim.

Receiving Stolen Property

Receiving stolen property occurs when someone receives, buys, or conceals stolen property, knowing it is stolen.

Elements of Receiving Stolen Property include:

  • Receiving, Buying, or Concealing — This offense encompasses various actions such as accepting, purchasing, hiding, or in any way taking control of the stolen property.
  • Knowledge — The key component is that the individual must have knowledge, or in some cases, reasonable belief, that the property is stolen. This element is critical as it distinguishes between innocent possession and criminal intent.

Penalties for Receiving Stolen Property

Penalties vary depending on the value of the property and the defendant's criminal history, but they may include $1,000 fines, 6 months imprisonment, informal probation, and restitution.

Find a Criminal Defense Attorney Near Me

If you or a loved one is facing grand theft charges in Bakersfield or the surrounding areas, we encourage you to reach out to the California Criminal Lawyer Group. Our team of experienced criminal defense attorneys can guide you through the legal process and provide you with the legal expertise and support needed to navigate this challenging situation. Call us today at 661-750-8230.