A grand theft charge can carry serious consequences, including jail or prison exposure, probation, fines, and a criminal record that may affect employment and future opportunities. In California, theft offenses are not all treated the same way. Whether a case is charged as grand theft or petty theft can depend on the value of the property involved, the type of property, and the way the alleged crime occurred.
At the Law Office of H. Charles Gorian, we understand that theft cases often turn on disputed facts, including ownership, value, intent, and whether the accused actually committed any unlawful taking at all. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is Grand Theft Under California Law?
California Penal Code section 487 defines grand theft in several different ways. The most common form of grand theft involves taking money, labor, real property, or personal property worth more than $950.
But value is not the only way an offense may qualify as grand theft. Section 487 also includes situations such as:
- theft of property from the person of another
- theft of an automobile
- theft of a firearm
- certain agricultural or aquacultural thefts exceeding lower statutory thresholds
- certain thefts by an employee, servant, or agent from an employer or principal when the value aggregates to $950 or more in a 12-month period
- related theft acts that may be aggregated to charge grand theft if they are motivated by one intention, one general impulse, and one plan
Because the statute covers several different scenarios, a theft case should always be reviewed based on the exact facts and code section alleged.
Grand Theft vs. Petty Theft
California Penal Code section 490.2 provides that obtaining property by theft where the value of the money, labor, real or personal property taken does not exceed $950 is generally considered petty theft and is punished as a misdemeanor, unless a statutory exception applies.
That means the general dividing line is:
- Petty theft: property valued at $950 or less
- Grand theft: property valued at more than $950, or theft that falls into one of the other categories listed in section 487
Penalties for Grand Theft
Under Penal Code section 489, most grand theft convictions are punishable by:
- up to one year in county jail
- or punishment pursuant to Penal Code section 1170(h)
Grand theft of a firearm is punished more severely and may carry:
- 16 months, two years, or three years in custody
Petty theft is generally a misdemeanor, though the exact consequences may depend on the defendant’s record and the circumstances of the case.
Common Defenses to Grand Theft Charges
Every theft case depends on the facts. In many cases, the strongest defense is that the prosecution cannot prove an unlawful taking, the required intent, or the alleged value. Possible defenses may include:
- lack of intent to steal
- mistaken identity
- false accusation
- ownership or right-to-property disputes
- insufficient evidence of value
- lack of proof that the defendant took or possessed the property unlawfully
- unlawful search or seizure, depending on how the evidence was obtained
Because the level of the theft charge can depend heavily on value, documentation and proof of the property’s actual worth may be especially important in grand theft cases.
Speak with Our Defense Attorney
If you have been charged with grand theft or another theft-related offense, it is important to seek legal advice as early as possible. A careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.
The Law Office of H. Charles Gorian represents clients throughout Riverside County, San Bernardino County, and San Diego County. Call (951) 395-0511 today for a free and confidential consultation.