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Penal Code 487 PC | Grand Theft
Penal Code 487 PC | Grand Theft
Grand theft, also known as grand theft auto, is a serious crime in California. Penal Code 487 PC is the law that defines grand theft and lays out the penalties for being convicted. Grand theft involves stealing money, labor, or property that is valued over $950. It’s more serious than petty theft, which is when you steal something worth $950 or less. Let’s break down the law and what it means if you’re charged with PC 487.
Elements of Grand Theft
For you to be convicted of grand theft, prosecutors have to prove these elements:
- You took possession of money, labor, or someone else’s property
- You took it without the owner’s consent
- When you took it, you intended to deprive the owner of it permanently
- The value of the money, labor, or property was more than $950
Some examples of grand theft include:
- Stealing a car worth more than $950
- Embezzling more than $950 from your employer
- Stealing jewelry, electronics, etc. worth more than $950
- Forging a check for more than $950
If you took property worth $950 or less, you may be charged with petty theft under PC 488 instead. Grand theft is a felony, while petty theft is usually a misdemeanor.
Penalties for Grand Theft Conviction
Grand theft is categorized into degrees, with increasing penalties depending on the degree charged.
Grand Theft of the 1st Degree
This is charged when the value of the stolen money, labor or property exceeds $950,000. It is punishable by:
- Imprisonment in county jail for up to 1 year
- Imprisonment in state prison for 16 months, or 2 or 3 years
Grand Theft of the 2nd Degree
This is charged when the value of the stolen items is more than $950 but less than $950,000. Potential sentences include:
- Imprisonment in county jail for up to 1 year
- Imprisonment in state prison for 16 months, or 2 or 3 years
Grand Theft of the 3rd Degree
This covers all other grand thefts of items worth more than $950 but less than $950,000. It is punishable by:
- Imprisonment in county jail for up to 1 year
In addition to jail or prison time, a grand theft conviction can also result in fines up to $10,000 under PC 1202.4.
Legal Defenses Against Grand Theft Charges
If you’re being wrongfully accused of grand theft, an attorney can help build a strong defense to fight the charges. Some common defenses include:
- You had consent to take the property
- You didn’t intend to permanently deprive the owner
- You had a good faith belief that the property was abandoned
- You were falsely accused or wrongly identified
- You took the property by mistake or accident
An attorney may also argue that mitigating circumstances should lessen your punishment, even if you are guilty. For example, if you were struggling with poverty, addiction, or mental illness when you committed the theft.
There are other theft offenses in California law that are related to grand theft:
- Petty Theft (PC 484) – Stealing property worth $950 or less
- Grand Theft of Firearm (PC 487a) – Stealing a firearm
- Grand Theft of Animal (PC 487d) – Stealing certain animals
- Grand Theft of Agricultural Equipment (PC 487h) – Stealing farm equipment
There are also separate laws for theft of cars, identity theft, robbery (theft by force), burglary, shoplifting, and other offenses. An experienced criminal defense lawyer can help you understand the nuances of California’s theft laws.
Get Legal Help Fighting Grand Theft Charges
Being charged with grand theft can have devastating consequences on your freedom, finances, employment, immigration status, and reputation. But an experienced California theft crimes attorney can often get charges reduced or dismissed. Don’t wait to get legal help.
References:
- California Penal Code 487 PC – Grand Theft Law
- 487 PC – Grand Theft Laws in California – Shouse California Law Group
- California Grand Theft Laws, Charges & Statute of Limitations – CriminalDefenseLawyer.com