Theft and Grand Theft (A.K.A. Larceny)California Penal Code Section P.C. 487
What is Theft or Larceny in California? What is Grand Theft?
Theft, often alternatively known as larceny, involves unlawfully taking someone’s property with the intent to permanently deprive them of it. In California, theft is defined by Penal Code Section 487 and is classified into two main categories: petty theft and grand theft. While petty theft involves property valued at $950 or less, grand theft is a more severe offense with specific criteria under the California Penal Code. This means it is a ‘wobbler’ offense that can be either a felony or a misdemeanor depending on how much was taken measure by a dollar amount. This article explains grand theft, reviewing the legal requirements, penalties, and why consulting experienced attorneys is crucial if you’re facing such charges. Because of how serious the penalties for a conviction are and how complicated proving and defending against these charges can be, anyone charged with Theft in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.
Elements of Theft and Grand Theft:
To secure a conviction for grand theft, the prosecution must prove the following elements beyond a reasonable doubt (See the CALCRIM jury instructions for P.C. 487):
- Unlawful Taking: The defendant took possession of someone else’s property.
- Without Consent: The taking was without the property owner’s consent.
- Intent to Permanently Deprive: At the time of the taking, the defendant intended to permanently deprive the owner of their property.
- Value Exceeds Thresholds: The stolen property’s value exceeds the specified thresholds ($950 for general property or $250 for certain agricultural and aquacultural products).
- Specific Circumstances: If applicable, the theft involved specific items (e.g., automobiles or firearms) or was taken directly from a person.
Legal Definition of Grand Theft
Definitions
- Fair Market Value: The highest price the property would reasonably have been sold for in the open market at the time and in the general location of the theft.
- Taking from a Person: Property taken directly from another person’s body, clothing, or a container held or carried by them.
- Commercial or Research Operation: For aquacultural products, theft must occur from operations actively producing such products, valued over $250.
According to California Penal Code §487, Grand Theft, as opposed to what is sometimes called Petty Larceny (the misdemeanor version) is defined as theft when the dollar value of the items taken exceeds certain amounts, typically $950:
When the value of the property taken exceeds certain thresholds:
- General Property (Most Common by far): When the stolen property’s value exceeds $950.
- Agricultural Products: Theft of farm crops, such as domestic fowls, avocados, olives, citrus or deciduous fruits, vegetables, nuts, artichokes, or other crops, valued over $250.
- Aquacultural Products: Theft of fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products from a commercial or research operation, valued over $250.
- Employer Theft: When an employee or agent steals from their employer property valued at $950 or more within a 12-month period.
Penalties and Consequences
The penalties for grand theft in California can be severe, varying significantly between misdemeanor and felony charges. The categorization depends largely on the specifics of the crime and the defendant’s criminal history.
Misdemeanor Grand Theft
Under certain circumstances, grand theft can be prosecuted as a misdemeanor. This typically applies to first-time offenders or cases where the stolen property, while over the petty theft threshold, does not involve aggravating factors such as the theft of a firearm or theft directly from a person. The consequences of a misdemeanor grand theft conviction may include:
- Imprisonment: Up to one year in county jail.
- Fines: Up to $1,000, as per California Penal Code §490.
Felony Grand Theft
More serious cases of grand theft, especially those involving higher-value property or specific items like firearms or automobiles, are prosecuted as felonies. Felony grand theft carries much harsher penalties, including:
- Imprisonment: Sixteen months, two years, or three years in county jail, as stipulated under California Penal Code §489.
- Fines: Substantial fines, which can be significantly higher than those for misdemeanor theft, depending on the circumstances and the judge’s discretion.
- Probation: Court-imposed probation terms that may include community service, restitution to the victim, and mandatory counseling.
Aggregation of Value
An important aspect of grand theft under Penal Code §487(e) is the aggregation rule. If the value of the stolen property exceeds $950 due to multiple related acts motivated by a single intention or plan, these acts can be aggregated to charge grand theft. This ensures that systematic thefts are prosecuted appropriately even if individual acts involve lesser amounts.
Defenses and Strategies
When facing grand theft charges, several defenses and strategies can be employed to challenge the prosecution’s case. Here are some of the most common:
- Lack of Intent: Demonstrating that the defendant did not intend to permanently deprive the owner of their property can be a powerful defense. Intent is a crucial element that must be proven beyond a reasonable doubt.
- Consent: If the property owner consented to the taking, then it is not theft. Evidence showing that the owner gave permission for the defendant to take the property can lead to a dismissal of charges.
- Mistaken Identity: In cases where the defendant is wrongly accused, proving mistaken identity can be crucial. Alibi evidence, surveillance footage, or eyewitness testimony can help establish that the defendant was not involved in the theft.
- Ownership or Right of Possession: If the defendant believed they had a legitimate claim to the property, it can negate the theft charge. This could be due to misunderstandings about ownership or disputes over property rights.
- Value Dispute: Challenging the prosecution’s valuation of the stolen property can sometimes reduce grand theft charges to petty theft, which carries lesser penalties. Expert testimony or market value evidence can be crucial in these cases.
- Insufficient Evidence: Arguing that the prosecution lacks sufficient evidence to prove each element of grand theft beyond a reasonable doubt can be an effective defense. This can involve scrutinizing the evidence presented and highlighting any gaps or inconsistencies.
These defenses require a deep understanding of the law and the specific facts of the case, making it essential to consult with experienced criminal defense attorneys. Gomez, Radford, & Rome (Los Angeles Criminal Defense Attorneys) offer expert legal guidance and a track record of success in defending theft charges.
Related Cases
- Penal Code Section 10851 for Grand Theft Auto
- Penal Code Section 496D for Possession of a Stolen Vehicle
Hire Gomez, Radford, & Rome if you’re charged with Grand Theft in California
Facing grand theft charges is a serious matter with potentially life-altering consequences. It’s crucial to have skilled legal representation to navigate the complexities of the law and mount a robust defense. The attorneys at Gomez, Radford, & Rome (Los Angeles Criminal Defense Attorneys) are former prosecutors with a track record of outstanding success. They offer free consultations to evaluate your case and provide expert guidance tailored to your situation. Their deep understanding of California’s theft laws ensures you receive the best possible defense.