California Penal Code 487 PC – Grand Theft Law
California Penal Code 487 PC grand theft involves unlawfully taking another person's property valued at $950 or more. The distinction between grand theft and petty theft lies in the value or nature of the property stolen.
While petty theft generally applies to property worth $950 or less, grand theft covers property valued at over $950 or cases involving specific items, such as vehicles, firearms, or high-value electronics.
Being accused of grand theft is a serious matter with potentially significant consequences. Depending on the severity of the crime, if charged as a felony, you could be looking at a substantial prison sentence of up to three years if convicted.
PC 487 defines grand theft as stealing personal property, real estate, money, or labor worth over $950 or certain property directly from someone, regardless of its value.
Grand theft also includes a motor vehicle or firearm. Grand theft is a 'wobbler' offense, which means it can be filed as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal history.
With the passage of Proposition 36, there are now additional punishments for “smash and grab” scenarios. For example, if someone causes at least a $50,000 property loss, it can result in an additional year of incarceration. Likewise, if you commit grand theft with at least two other people, the judge can increase the jail sentence by one, two, or three years.
Grand theft under 487 PC is similar to the less serious crime of petty theft (shoplifting) under California law, but, again, the main difference is that grand theft involves taking property worth more than $950. If you have a prior conviction for a registerable sex offense or certain serious felonies, you could face grand theft charges for stealing $950 or less in goods.
You can also be charged with grand theft if you repeatedly take money, labor, or personal property from your employer and the total value of the property stolen is more than $950 during any 12 months.
You can commit grand theft by larceny, pretense, trick, or embezzlement. Under California law, there are four main types of grand theft. Each type is defined by how the theft occurs, ranging from physically taking property to deceiving or betraying another person to gain ownership of their belongings. Let's look closer below.
Grand Theft by Larceny
California Jury Instruction (CALCRIM 1800) defines the elements of the crime of grand theft by larceny, the most straightforward form of theft.
This crime occurs when someone physically takes property from another person with the intent to deprive them of it permanently. It often involves stealing items worth more than $950, such as high-value electronics, jewelry, cash, a vehicle, etc. For grand theft larceny to be proven, prosecutors must establish the following:
- You took possession of property owned by someone else,
- The property was taken without the owner's consent,
- At the time of the theft, you intended to deprive the owner of the property permanently,
- The value of the property exceeded $950.
Suppose someone steals a laptop valued at $1,200 from a store. In that case, this act could qualify as grand theft larceny.
Grand Theft by False Pretense
To be convicted of Penal Code 532 PC theft by false pretenses, prosecutors must prove beyond a reasonable doubt all the elements of CALCRIM 1804.
Grand theft by false pretense occurs when you deceive someone into voluntarily transferring ownership of their property to you. Rather than taking the item by force, this crime involves misrepresenting facts or making false promises to gain the victim's trust. To prove grand theft by false pretense, the prosecution must show:
- You knowingly and intentionally deceived the property owner,
- The property owner relied on this deception when transferring ownership of the property,
- You intended to take possession and ownership of the property permanently.
An example of this crime would be convincing someone to transfer their investment funds to you based on fraudulent claims of guaranteed high returns.
Grand Theft by Trickery
To be convicted of grand theft by trick, prosecutors must prove all the crime elements of the crime beyond a reasonable doubt in CALCRIM 1805.
Grand theft by trickery involves the victim giving up possession of their property based on the defendant's dishonest actions, but ownership does not transfer. It is often seen in cases involving temporary loans of property or money under false assurances. The district attorney must prove the following elements:
- You gained possession of the property through deceit or fraud,
- The victim allowed possession of the property as a result of your deceptive conduct but did not intend to transfer ownership to you,
- You intended to deprive the owner of their property from the outset permanently.
For example, instance, borrowing somebody's valuable watch under the guise of borrowing it for an event and then selling it without their knowledge falls into this category.
Grand Theft by Embezzlement
CALCRIM 1806 defines the elements of the crime of theft by embezzlement (Penal Code 503 PC). Embezzlement involves the fraudulent appropriation of someone else's property.
Grand theft by embezzlement occurs when somebody who is entrusted with someone else's property takes it for their own use through fraudulent means. This often applies to employees, financial managers, or anyone in a position of trust and authority over someone else's property or funds. To establish this crime, prosecutors must prove:
- The owner entrusted their property to you,
- You fraudulently converted or misused the property for your benefit,
- You acted with the intent to deprive the owner of their property permanently.
For instance, an employee who has access to their employer's bank account and transfers large sums into their account without authorization could face charges of grand theft by embezzlement.
If a prosecutor alleges that you are guilty of grand theft under one of the above theories, the jury does not have to agree on which one you violated. Rather, they must only agree that you unlawfully took the property of someone else in one of those ways.
What are the Grand Theft Penalties?
Depending on the case details, grand theft can be charged as a misdemeanor or a felony, known as a “wobbler” offense. They will usually base this decision on the circumstances of your case and your criminal history. The penalties include the following:
- Misdemeanor grand theft is punishable by up to one year in county jail, fines, and restitution to the victim.
- Felony grand theft is punishable by 16 months, two years, or three years in state prison, along with fines and restitution.
Notably, additional penalties might apply in cases involving the theft of firearms, vehicles, or items of significant cultural or historical importance. You can also be ordered to pay restitution. If you are a non-citizen, you could be deported. Depending on your occupation, your professional license could be revoked or suspended.
The court also has the option of issuing a two-year restraining order that would ban you from entering the retail establishment you were convicted of stealing from.
Under Penal Code 496.6 PC, possessing shoplifted retail property valued at more than $950 with the intent to sell, exchange, or return it is a separate crime. This crime is called “unlawful deprivation of a retail business opportunity” and a wobbler offense with the following penalties:
- As a misdemeanor, it carries up to one year in jail,
- As a felony, it carries a jail sentence of either 16 months, two or three years.
What are the Enhancements?
If you are facing felony grand theft charges, you could receive an additional and consecutive prison sentence if the value of the property you stole was unusually high, such as the following:
- One year if the property was worth over $50,000,
- Two years if the property was worth over $200,000,
- Three years if the property was worth over $1,000,000,
- Four years if the property was worth over $3,000,000.
To determine the value of property stolen for sentence enhancement purposes, courts will add together the value of all property stolen under a common scheme or plan.
What are Related Offenses?
California has several related crimes related to Penal Code 487 PC grand theft, including the following:
- Grand theft auto – Penal Code 487(d)(1) PC.
- Grand theft firearm – Penal Code 487(d)(2) PC.
- Burglary – Penal Code 459 PC.
- Auto burglary – Penal Code 459 PC.
- Robbery – Penal Code 211 PC.
- Joyriding – Vehicle Code 10851 VC.
- Petty theft – Penal Code 484 & 488 PC.
- Petty theft with a prior – Penal Code 666 PC.
Defenses for Grand Theft Charges
If you are accused of grand theft, a California criminal defense attorney may have viable strategies that could result in reduced charges, dismissal, or acquittal. Below are some common strategies that might be available.
We can argue that there was a lack of intent. The district attorney must prove beyond a reasonable doubt that you intended to deprive the owner of their property permanently. If intent cannot be established, you cannot be convicted of grand theft.
Maybe we can argue that there was consent. If the property owner willingly gave you possession or ownership of the property with full knowledge of the facts, it negates the elements of a grand theft crime.
Maybe we can argue mistaken value. If the property in question is worth less than $950, the charge should be reduced to petty theft. Maybe we can argue that you were falsely accused. Often, people are falsely accused and wrongly arrested for embezzlement and other grand theft offenses.
For more information, contact our Los Angeles-based California criminal defense law firm, Hedding Law Firm.
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