Grand Theft

Grand theft is a serious offense that can result in jail or prison time, substantial fines, and a criminal record that may have lasting consequences. In contrast to petty theft, in California, grand theft is a form of theft that is associated with goods worth more than $950. The penalties may increase depending on the property’s worth or the weapon’s employment. Conviction can adversely affect your jobs, housing, and professional licenses.

Your future is on the line. Contact CCLG: Los Angeles Criminal Attorney immediately. We will investigate your case, cross-examine the evidence, and defend your rights. Our knowledgeable attorneys will work to reduce your charges or seek a dismissal. Do not trust your future to luck. You can call us for a discreet consultation today.

What Is the Difference Between Grand and Petty Theft?

The significant difference between grand theft and petty theft depends on the value of the property you are charged with stealing. This considerable difference has serious legal implications and is characterized by particular provisions of the California Penal Code.

The gist of the difference is the rule of $950. When accused of having stolen money, services, or property worth less than $950, you may be charged with petty theft under Penal Code 488. Petty theft is typically a misdemeanor, which may result in fines, community service, or a short county jail sentence.

However, if the allegedly stolen property is worth more than $950, the charges against you may include grand theft under Penal Code section 487. Grand theft is an even more serious offense. In most instances, it is categorized as a wobbler, which means prosecutors can pursue felony or misdemeanor charges for the offense.

Whether to file any charges against you as a felony or a misdemeanor will be a case-by-case decision based on the facts of the crime and your criminal history. A felony grand theft conviction may lead to a state prison term, huge fines, and a criminal record that can seriously affect your future, including your capacity to obtain a job, residence, or even professional licenses.

Although the $950 rule is the general threshold, some thefts are always classified as grand theft regardless of the property’s value. These exceptions help realize how far the law on grand thefts in California extends and why your case can be charged as a felony regardless of the item’s low price. For example:

• Theft of a firearm—When you steal any form of firearm, whether it is valuable or not in monetary value, you will be automatically charged with grand theft. This is indicative of how dangerous guns are and the state’s intent to treat this crime with maximum severity.
• Theft of an automobile — Often referred to as ‘Grand Theft Auto,’ this crime is classified as grand theft under PC 487(d)(1), regardless of the vehicle’s value.
• Theft from the person of another—When you steal something that belongs to another person directly on their body or clothing, that is, picking pockets or stealing a purse, then the crime is considered grand theft.
• Theft of certain farm animals—Certain animals like horses, mares, cows, or domestic fowls (if valued above $250) are also classified as grand theft. These exceptions are used to ensure that certain classes of theft, which are considered the most serious or dangerous, are classified as felonies despite the monetary value of the stolen item.

The Various Methods of How Grand Theft Can Be achieved

“Theft” is a broad term used to refer to various criminal offenses. Although you might think of a grand theft as a physical taking, the law has identified multiple ways this offense can be perpetrated. Section 487 of the Penal Code allows the state to charge you with grand theft depending on how you obtained the property.

Grand Theft by Larceny

It is the simplest and most conventional type of theft. It is the actual stealing and carrying away of another person’s property without their approval and with the express intention of taking away the property forever. The material elements of grand theft by larceny are:

• You steal the property of another
• You steal the property without the consent of the owner
• When you steal the property, you intend to deprive the owner of the property
• The property is worth more than $950, or one of the exceptions (firearm or automobile)

For example, when you shoplift expensive goods in a store, and the total amount is above the maximum of $950, your actions become grand theft by larceny.

Grand Theft by Embezzlement (PC 503)

Grand theft by embezzlement occurs when you unfairly take the property entrusted to you illegally. It is a crime based on a violation of trust. The essential elements include:

• An owner entrusts you with the property
• The owner does so because they trust you
• You embezzle or convert that property to your own benefit
• You do so to deny the owner of the property

This form of theft is typical of employer-employee relations. For example, when you are a bookkeeper who controls a company’s money, and you take more than $950 of that money and transfer it to your bank account, you have embezzled. You lawfully possess the property but misuse it for your benefit, violating your trust.

Grand Theft by False Pretenses (PC 532)

Grand theft by false pretenses is a crime committed when you falsely and knowingly mislead someone with a false statement to make them voluntarily surrender their property to you. Unlike larceny, the victim, in this case, transfers the property voluntarily, but they do it because you misled them. For a prosecutor to prove this, they must show that:

• You made a false or fraudulent representation
• You wanted to make the property owner surrender their property
• The owner handed over the property to you based on your false presentation
• You intended to deprive the owner of the premises permanently

For example, selling a fake diamond ring to someone, saying it is a genuine antique ring worth thousands of dollars. When the buyer is happy to hand you the cash, they do so based on a lie you told.

Grand Theft by Trick

Grand theft by trick is a particular form of theft that can be easily confused with false pretenses, yet there is a significant distinction between the two. For grand theft by trick, you gain the property by using deception, but the victim is deceived into giving you possession of the property, not ownership, and you intend to keep it permanently. Its primary elements include:

• You use lies or fraud to acquire possession of property that you know belongs to another person.
• Due to your deception, the owner agrees to you possessing the property (not owning the property).
• When you took possession, you wanted to deprive the owner of the property forever.

For example, when you tell someone you need to borrow their costly camera to attend a photography course but are planning to sell the camera, you have engaged in grand theft by deception. The owner transferred possession to you, not ownership, and you took it, hoping to deny them possession permanently.

What Must Prosecutors Prove in a Grand Theft Case for a Conviction

In a criminal trial, the burden of proof lies with the prosecution, which must convince the jury beyond a reasonable doubt that the defendant is guilty. It is the best evidence in our legal system and is a fundamental protection for anyone accused of a crime. The prosecutor must prove the defendant’s guilt beyond a reasonable doubt, which is our legal system’s highest standard of proof. In case of a reasonable doubt, the jury should reach a not guilty verdict.

To meet this heavy burden in a grand theft case under Penal Code section 487, the prosecutor must demonstrate several essential elements to the jury, namely:

The Defendant Took Property

The prosecutor has to establish that the first element is that you physically possessed another person’s property. This is about stealing something and gaining control of an item, either directly or indirectly. The law stipulates that property must be taken and carried off, or that you must exercise dominion over it. This element focuses on the physical act of acquiring the item.

The Taking Was Without the Owner’s Consent

The prosecution must demonstrate that you stole the property without the owner’s consent. If the owner had authorized you to take or use the property, the prosecution cannot prove this aspect even after you misused the property. That is why the cases that involve grand theft through false pretenses or embezzlement are handled differently. In these cases, the owner brought the property over voluntarily, although their consent was obtained through fraud or the violation of trust.

Intent to Permanently Deprive

The intent to permanently deprive is the most challenging part that a prosecutor can prove, since he/she has to demonstrate his/her state of mind when taking the property. The prosecutor should prove to the jury that you had a permanent intention to possess the property or to possess it over a considerable time, that is, to take away the value or enjoyment of the property in question. This element may not be satisfied as long as you can demonstrate that you had only intended to borrow the item without authorization or that you had made an honest mistake of fact. You thought that the property belonged to you.

Value Exceeds $950 (or an Exception Applies)

The prosecution must prove that the property’s fair market value at the time of the theft was over $950. To this end, prosecutors could rely on evidence such as:

• A purchase receipt
• An appraisal
• Expert opinion

You should remember that the value threshold is irrelevant in some cases, like in a firearm or automobile case. Stealing either of the items mentioned above is always classified as grand theft, regardless of its monetary value. The prosecutor will show a jury this point so that the crime can be classified as grand theft rather than petty theft.

The Penalties and Lifelong Consequences After Being Convicted of Grand Theft

Grand theft can be harsh and extensive in sentencing and punishment. An effective prosecution may leave a criminal record that haunts you throughout life, affecting your rights, employment, housing, and everyday living. The severity of the penalty largely depends on how the charge is classified: felony or misdemeanor.

Grand Theft as a “Wobbler”

Most grand thefts under the California law (Penal Code 487) are classified as wobblers. This leaves the discretion of the prosecutor to either charge the crime as a felony or a misdemeanor. The value of the stolen property, the nature of the crime, and your criminal record are usually the factors that influence your prosecutor.

• Misdemeanor penalties — In the event of a misdemeanor charge, the penalty is not more than a one-year county jail sentence.
• Felony penalties — A Felony conviction is a lot more serious. Felony grand theft under the realignment law is punishable by 16 months, 2 years, or 3 years in the county jail under California’s realignment law (AB 109).

Besides serving a jail sentence, a court will nearly invariably direct you to pay restitution to the victim. It is an obligatory part of sentencing, and it obligates you to compensate the victim for:

• The entire amount of their financial loss
• The value of the stolen property
• Any other expenses they incurred as a result of the crime

Sentencing Enhancements

Sentencing enhancements can significantly increase the possible jail term for a felony grand theft conviction. They are triggered when the value of stolen property is exceptionally high. For example, conviction might lead to:

• One-year sentence where the property value is more than $65,000
• Two-year sentence on top of two years imprisonment if the value is over $200,000
• Even more expansive improvements to theft worth millions of dollars

Collateral Consequences of a Felony Conviction

The hidden consequences of a felony conviction of grand theft outnumber the consequences of jail time in some respects. These collateral consequences impact your life even after you have finished your sentence and paid your fines. They include:

• Loss of rights — A felony conviction results in the loss of firearm rights under both state and federal law, often as a lifetime ban. Whereas in California, you can regain your voting rights after coming out of jail or prison, the gun prohibition, in most cases, is usually a lifetime ban.
• Employment and housing — A felony record may be a significant barrier to employment. Many employers do background checks, and a theft conviction typically raises concerns about being untrustworthy. Likewise, obtaining a place to rent may become a problem, and most tenants also run criminal background checks.
• Professional licenses — Felonies will render you ineligible for professional licenses, such as licensing to practice law, medicine, finance, or real estate. The crimes deemed substantially related to the profession can be denied by licensing boards or revoked.
• Immigration consequences — A non-U.S. citizen is likely to face drastic consequences for their immigration due to a grand theft conviction. It can be defined as either a crime involving moral turpitude or an aggravated felony, according to the nature of the crime and the sentence. It can be either a deportation or a determination that the individual is inadmissible to the United States.

How to fight a Grand Theft

One of the most effective ways to fight a grand theft charge is to challenge the prosecution’s case by attacking its key elements. A strong defense strategy will refute at least one of these critical elements.

Challenging the Element of Intent

One key defense strategy is to argue that you did not intend to permanently deprive the owner of their property. Grand theft is a particular intent crime, meaning that the prosecution should demonstrate that you intended to steal the owner’s property permanently. A grand theft charge cannot work without this crucial aspect.

Your attorney can argue that you had a good-faith belief that you owned the property. For example, you may have borrowed something because it was your right, because of a previous agreement, or because of real confusion. However, an honest, reasonable belief may be a complete defense if your assumption is mistaken.

In other cases, you can defend yourself by saying that the taking was unintentional or that you did not plan to possess the property forever. For example, you may have mistakenly taken a bag identical to yours or borrowed a friend’s tool, intending to return it. Although this may be a minor crime, the acts amount to the nullification of the intent component of the grand theft. Proving such no intent to commit a crime is a practical approach to weaken the prosecution’s case and may even result in dismissal or minimization of charges.

Challenging Consent or Property Value

By proving the absence of important aspects of the offense, including the lack of permission of the owner or the value of the property, you can contest a charge of grand theft. It will require the prosecution to demonstrate that you took the property without the consent of its owner. You cannot be charged if you prove that the owner authorized you to take the item. This consent can be:

• Explicit, for example, as a verbal agreement or written permission
• Implied through a pattern of behavior, like regularly borrowing a roommate’s belongings without objection

This is a direct defense to one of the basic conditions of a theft conviction: a person cannot steal something they were allowed to take.

Moreover, you can also challenge the property value. Under the law, the distinction between grand theft and petty theft hinges on the fair market value of the stolen item. When the amount is less than or equal to $950, the crime is a petty theft and a misdemeanor with significantly lighter penalties. Your lawyer may also have persuasive evidence, such as:

• An independent appraisal
• The evidence of an expert on depreciation
• Other similar data on sales

All this evidence aims to demonstrate that the property’s actual value is less than the $950 limit. This approach could result in a felony conviction being lowered to a misdemeanor. This crucial result can save you the time behind bars in a state prison and the lifetime burden of a felony conviction.

Contending False Accusation or Illegal Evidence

Furthermore, your defense can be built on broader legal and procedural grounds. You can defend yourself by arguing that you are the victim of a false accusation or mistaken identity. Perhaps a witness misidentified you, or the accuser has a motive to lie. Your lawyer could explore the conditions of the allegation to unravel inconsistencies or prejudices.

The other crucial legal defense of the case is a motion to suppress, as the evidence acquired by the law enforcement agencies during the unlawful search and seizure should be suppressed. When the court concludes that the police have infringed your Fourth Amendment rights, the evidence obtained illegally, including the stolen property, cannot be brought against you in court. This can severely weaken or even dismantle the prosecution’s case.

Find a Criminal Defense Attorney Near Me

A grand theft charge is a severe issue with potentially devastating and lifelong implications, particularly when convicted of a felony. Although conviction may result in significant jail time, fines, and loss of civil rights, the accusation is not equivalent to conviction. To convict you, the prosecution has to demonstrate that you were guilty beyond a reasonable doubt, and numerous effective defenses exist to challenge their case.

With the complexity of California law and the harshness of the penalties involved, it is vitally important that you act immediately. The one step you can take that will be of the most help is to exercise your right to remain silent and immediately retain a seasoned California criminal defense lawyer. With skilled attorneys at CCLG: Los Angeles Criminal Attorney by your side, we can review the circumstances of your situation, consider a defensive strategy, and uphold your rights in court. Contact our team at 323-922-3418.