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California Penal Code Section 487 PC: Grand Theft
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California Penal Code Section 487 PC: Grand Theft
Hey there! If you’re reading this, you probably want to learn more about California’s law on grand theft. I totally get it – legal stuff can be confusing. I’m going to walk you through the basics of California Penal Code Section 487 PC in simple terms, so you can get a handle on what grand theft means under California law.
Let’s start with the definition:
What is Grand Theft Under California Law?
Basically, grand theft is when someone takes money, property, or services worth more than $950 without permission[1]. It’s different from petty theft, which is when the value of what’s stolen is less than $950[2].
There are a few other ways you can commit grand theft besides just stealing something worth more than $950. Grand theft also includes[3]:
- Stealing a car
- Stealing a gun
- Stealing something directly off another person (like taking a watch right off their wrist)
So in a nutshell, grand theft under California law means either:
- Stealing more than $950 worth of money, property or services
- Stealing a car
- Stealing a gun
- Stealing something directly from another person
If the theft doesn’t meet one of those requirements, it would likely be considered petty theft instead of grand theft.
Examples of Grand Theft
Okay, so what does grand theft actually look like in the real world? Here are some examples[4]:
- Stealing a $1,000 pair of sunglasses from a store
- Stealing $1,000 cash out of someone’s wallet
- Stealing jewelry worth $2,000 from someone’s home
- Stealing someone’s car from their driveway
- Stealing a handgun from someone’s house
- Cutting a $1,500 gold necklace off someone’s neck and running away with it
As you can see, grand theft covers stealing a pretty wide range of valuable stuff. The key is that the stolen item has to be worth more than $950, be a car or gun, or be taken directly off another person.
How is Grand Theft Punished in California?
Now let’s talk about what kind of punishment you can face if you’re convicted of grand theft. The penalties are pretty serious[5]:
- Misdemeanor grand theft – Up to 1 year in county jail
- Felony grand theft – Up to 3 years in state prison
Whether grand theft is charged as a misdemeanor or felony is up to the prosecutor[2]. They’ll look at the details of your case and your criminal history to decide.
Here are some factors that make felony charges more likely[6]:
- You have a prior record of theft
- A weapon was involved
- The victim was elderly or disabled
- You were acting as part of an organized theft ring
- You stole a very high-value item, like an expensive car
If it’s your first offense and no aggravating factors like those are present, you’re more likely to be charged with misdemeanor grand theft. But there’s no guarantee – prosecutors have a lot of discretion.
Either way, being convicted of grand theft can really disrupt your life. You’ll end up with a criminal record, potential jail or prison time, court fines and fees, and other collateral consequences. So it’s wise to do everything you can to avoid a conviction if you’re charged with grand theft.
Defenses to Grand Theft Charges
Let’s talk about some of the most common defenses that can get grand theft charges reduced or dismissed entirely:
You had permission to take the property
If the owner loaned, gifted or sold you the property, you didn’t steal it. Bringing evidence like texts, emails, receipts, or witnesses to prove you had permission is an effective defense.
You intended to return the property
If you took something by mistake or borrowed it without permission, but intended to give it back, you may not have committed theft. However, the longer you wait to return it, the weaker this defense becomes.
You had a claim of right to the property
If you sincerely believed you had a lawful claim over the property, you may not have criminal intent to steal. For example, taking property to satisfy an unpaid debt.
You were falsely accused
If there’s no solid evidence you took the items, or if witnesses are unreliable, you may be able to beat the charges by proving you were falsely accused. An alibi can also be an effective false accusation defense.
The value is less than $950
If you can show the items you took are worth less than $950, the charges may be reduced from grand theft to petty theft, resulting in lighter penalties.
An experienced criminal defense lawyer can help assess which defenses apply to your case and give you the best chance of avoiding harsh penalties. Don’t hesitate to consult with a lawyer if you’re facing grand theft charges.
There are also some other California theft crimes that are similar to grand theft or may apply instead, including[2]:
- Petty Theft (PC 484) – Theft where value of items stolen is less than $950
- Grand Theft Auto (PC 487(d)(1)) – Stealing a car
- Burglary (PC 459) – Entering property with intent to steal
- Robbery (PC 211) – Theft directly from a person via force or fear
So if you’re dealing with any kind of theft charges in California, make sure you understand which specific laws are in play. The penalties and defenses can vary significantly between different theft crimes.
The Importance of a Lawyer
As you can see, grand theft cases can be extremely complex. The law provides harsh penalties, but also many potential defenses. An experienced criminal defense lawyer will know how to fight the charges and achieve the best possible outcome for your situation.
Don’t leave your fate in uncertain hands – get professional legal help. A grand theft conviction can disrupt your finances, freedom, and future. But an attorney can help protect you.
I hope this overview gives you a better understanding of California’s grand theft law. Let me know if you have any other questions!
References
[1] California Penal Code Section 487
[2] California Penal Code 487 PC – “Grand Theft”
[3] California Penal Code §§ 487(a) – (d) – Grand Theft
[4] California Penal Code Section 487 PC: Grand Theft
[5] California Code, Penal Code – PEN § 487
[6] California’s Grand Theft Law – Penal Code 487 – Eisner Gorin LLP