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What is Grand Theft in California? (PC 487)- Serious Crimes You Should Know About

August 21, 2022

What is Grand Theft in California? (PC 487)

What is PC 487 Grand Theft in California? (PC 487)

Grand theft is the unlawful taking of someone else’s property with the intent to deprive them of that property permanently. In California, there are various types of grand theft distinguished by the type and value of the property stolen.

What are the Different Types of Grand Theft?

Grand theft can be charged as a misdemeanor or a felony in California and is typically classified as a wobbler offense. The three types of grand theft are distinguished by the value of the property stolen:

  • Petty Theft: If the value of the property stolen is $950 or less, it is considered petty theft and is punishable by up to six months in county jail and a maximum fine of $1000.
  • Grand Theft: If the value of the property stolen is more than $950, it is considered grand theft and is punishable by up to one year in county jail or 16 months, two years, or three years in state prison. The exact punishment will depend on the value of the property stolen and the defendant’s criminal history.
  • Grand Theft of a Firearm: If the property stolen is a firearm, it is considered grand theft of a firearm and is punishable by two, three, or four years in state prison.
  • Grand Theft of an Automobile: If the property stolen is an automobile, it is considered grand theft of an automobile and is punishable by 16 months, two years, or three years in state prison.

Is Grand Theft a Felony or Misdemeanor?

Grand theft is a “wobbler,” meaning it can be filed as either a misdemeanor or felony. The decision to file charges as a misdemeanor or felony will be at the prosecutor’s discretion.

What is the Punishment for Grand Theft?

The punishment for grand theft will depend on the value of the stolen property and other factors such as the defendant’s criminal history.

The punishment for grand theft in California will also depend on whether the offense is filed as a misdemeanor or felony.

If charged as a felony, the offender can be sentenced to 16 months, two years, or three years in county jail. If charged as a misdemeanor, the offender can be sentenced to up to one year in county jail.

What Defense Can be Raised in a Grand Theft Case?

There are several defenses that can be raised in a grand theft case, and an experienced criminal defense lawyer can help you utilize these defenses to your advantage.

There are a few defenses that can be raised in order to beat a grand theft charge. One is that the defendant had an ownership interest in the property or reasonably believed they did. This defense is known as the claim of right defense.

Another defense to grand theft is that the defendant took the property with the intent to return it or they reasonably believed that they could return it. This defense is called the shopkeeper’s exception or merchant’s exception.

Other defenses include entrapment and mistake of fact.

The defense raised will depend on the specific facts of your case, and only an experienced attorney will be able to fight your case effectively.

If you or a loved one has been charged with grand theft, it is crucial to contact an experienced criminal defense attorney who can help you navigate the criminal justice system and protect your rights.

What Should I Do If I’ve Been Charged with Grand Theft?

If you or a loved one is a charged with felony criminal charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience.

They know the law and are not afraid to take your case to trial.

In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.

Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.

With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.

Call (866) 811-4255 right now for your free consultation.

We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.

If you have been accused or charged of a crime, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

What Exactly Does the Statute Say?

The language of the statute says:

487. Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision

(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).

(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

(1) An automobile.

(2) A firearm.

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