California Penal Code 487 PC -- Grand Theft

Our California theft defense attorneys have local criminal law offices in Riverside, Orange County, Los Angeles, Ventura, and all surrounding Southern California areas.

In this article, our California criminal defense attorneys will provide a comprehensive overview to understanding the California crime of "Grand Theft" by addressing the following:

California Grand Theft -- California Penal Code 487 PC

How Does the Prosecutor Prove that I Committed California Grand Theft?

Can I be Charged with More Than Count of One Grand Theft in the Same Case?

What are the Defenses to California Grand Theft under Penal Code 487 PC?

California Grand Theft and Other Related Charges

Penalties, Punishment, and Sentencing for Grand Theft under California Penal Code 487

If after reading this article, you have additional questions, please don't hesitate to contact us.

California Grand Theft -- California Penal Code 487 PC

"Grand theft" under California Penal Code 487 PC is defined as the unlawful taking of another's property valued above $400. If the property value is $400 or less, generally only a Penal Code 484 Petty Theft can be charged. In any event, California grand theft can be this straightforward, or it can be much more complex.

For example, when money, labor, personal property, or land is taken from your employer, you can be charged with California grand theft if the amount totals more than $400 during any 12-month period.

And.

With respect to the property's value.if the property taken was:

• a firearm (known as grand theft firearm "GTF"),



• an automobile (known as grand theft auto "GTA"),



• certain animals (such as a horse, sheep, or pig), or



• property that was carried by another person (either on his/her body, in his/her clothing, or in a container held by him/her -- known as "Grand Theft Person"),

the value of the item(s) is irrelevant, and the offense can automatically be charged as California grand theft.

But then.

There are certain items that will invite a California grand theft charge (as opposed to a petty theft charge) if they are valued above $100. These items include:

• certain foods (such as domestic chickens, fruits, vegetables, farm crops, fish or other "aquacultural" products), and



• real estate that has been taken from another and converted into your personal property (taking water or oil from another's land, for example).



• The ways a person can commit the crime:

California grand theft may be accomplished by means of:

1. larceny (the unlawful physical carrying away of another's property -- most commonly seen in shoplifting offenses),



2. embezzlement (unlawfully taking something from another that has been entrusted to you -- most commonly seen in employment situations),



3. trick (tricking or deceiving another into turning over possession but not ownership of his/her property for a stated purpose), and/or



4. false pretenses (making false representations to defraud another out of possession and ownership of property).

If the prosecutor alleges that you are guilty of California grand theft under more than one of these theories, the jury doesn't have to agree on which one you violated. The jury must only agree that you unlawfully took the property of another.¹

The jury must, however, unanimously agree as to whether you committed Penal Code 487 grand theft or petty theft. If they can't unanimously agree that you committed grand theft (but unanimously agreed that you committed a theft), you will be convicted of California petty theft.²

How Does the Prosecutor Prove that I Committed California Grand Theft?

First things first - the intent to steal is always controlling.without it, there is no grand theft, period.

The prosecutor will attempt to prove that you unlawfully took the property of another under at least one of the above methods (larceny, embezzlement, trickery, and/or false pretenses). The theory or theories on which the prosecutor relies will determine the exact facts (or "elements") that must be proven.

Below is a brief description and example of each of these forms of grand theft that may be committed under California Penal Code 487 PC.

• California grand theft by larceny

In order to prove this offense, the prosecutor must prove that you:

• took the property of another,



• with the specific intent to either permanently deprive the owner of that property or to temporarily deprive the owner of that property for a substantial period of time such that it denied the owner a major portion of its value or enjoyment,³ and



• that you physically took possession of the property and carried it away.

"Taking possession of and carrying away property" simply means that you moved the property. Once you have the intent to steal, the slightest movement will suffice.⁴ You don't even need to remove the property from the premises, as long as the item is removed from the place where it was kept by its owner.⁵

While shoplifting is more commonly seen in connection with petty theft (given the fact that the alleged stolen merchandise would be $400 or less), Penal Code 487 grand theft larceny is frequently committed via shoplifting as well.

• California grand theft by embezzlement

In order to prove this offense, the prosecutor must prove that you:

1. had a relationship of trust with another,



2. that pursuant to that relationship, you were entrusted with certain property, and



3. that you intended to deprive the other of that property by taking it as your own.

For example, if your job requires you to handle large sums of cash and, instead of putting all the money in the safe or register, you take some for yourself, you could be charged with California embezzlement.

• California grand theft by trick

In order to prove this offense, the prosecutor must prove:

1. that you obtained property from another,



2. that you did so by making a promise you didn't intend to keep or by other means of fraud or trick,



3. that the owner of the property didn't intend to transfer ownership to you, but



4. that you took possession intending permanently to deprive the owner of that property (or that you intended temporarily to deprive him/her as described above).

For example, if you convinced someone to give you his girlfriend's ring so that you could have it cleaned, knowing all along that you were going to keep the ring for yourself, you would be guilty of grand theft by trick.

• California grand theft by false pretenses

In order to prove this offense, the prosecutor must prove:

1. that you knowingly and intentionally deceived another by making false or fraudulent representations,



2. that you did so intending to persuade the owner to give you possession and ownership of the property, and



3. that the owner gave you the property based on your false pretense(s).

*The owner doesn't have to rely exclusively on your false pretense(s) in determining whether to give you the property.but it must be an important factor in his/her decision.

Unlike grand theft by trick, grand theft by false pretenses requires the owner of the property to transfer ownership and possession of the property. It is similar to grand theft by trick, in that you must deceive or defraud the owner into giving you the property.

Using the example from above, if you convinced that person to sell you the ring, drew up papers to serve as evidence of the sale, took the ring, and then never paid for it, you would be guilty of grand theft by false pretenses. In this scenario, the owner of the ring intended for you to own the ring, based upon your promise to pay for it.

Can I be Charged with More Than One Grand Theft in the Same Case?

Yes.unless the multiple grand thefts were all part of one common plan or scheme. Let me explain.

Let's say that you embezzled from your Van Nuys employer on three different occasions before being caught. The first time was because you had a large amount of cash you were responsible for counting, and you thought your boss wouldn't notice if you took $500.

The second time you accepted a delivery on your boss's behalf. Once you opened the package, you realized that you wanted the merchandise that was in it, so you kept about $900 worth for yourself. To cover it up, you reported that some of the contents were missing when delivered.

The third time was similar to the first. After counting the money, you took $1,200 assuming that it would go unnoticed.

The Los Angeles District Attorney's Office would charge you with three different Penal Code 487 grand theft charges. The prosecutor would argue that each act of theft was a distinct offense, not committed pursuant to a common plan.

However, your California criminal defense attorney could argue that the offenses should be consolidated into one charge. Your theft crimes defense lawyer would argue that you had a general overall plan to steal from your employer any time you had the opportunity to do so and that those three instances simply worked into that plan.

*Although it may seem counterintuitive that your California defense lawyer would submit to the fact that you were guilty of grand theft, doing so would be part of a defense strategy to reduce your charges and overall sentence from three counts to one. This, of course, would depend on the facts of your specific case.

What are the Defenses to California Grand Theft under Penal Code 487 PC?

Depending on the circumstances of your case, there are a wide variety of defenses that a California criminal defense lawyer could present on your behalf. The following are some brief examples.

• Consent

If you were given consent to use/hold the property, you are not guilty of this offense. That said, there is a caveat. Your use of the property must fall within the scope of that consent. That means that if you obtain consent for a specific purpose (but used it for another), your act could constitute fraud and may disqualify you from using this defense.

Similarly, if you had a good faith belief that you were authorized to use the property (in an California embezzlement case, for example), you would be entitled to this defense. This would be the case even if your belief was mistaken or unreasonable, so long as you could prove it was based on a good faith.

• Claim of right

If you obtained the property under a claim of right, you can't be convicted of grand theft. Similar to consent above, this defense applies so long as you had a good faith belief that you were entitled to the property, regardless of whether that belief was wrong or unreasonable.

However, this defense will not apply if you attempted to conceal the taking at the time it occurred or after it was discovered. You will also be barred from asserting this as a defense if the property that you were claiming was illegal (illicit drugs, for example).

• Returning or intending to return stolen property is not a defense

If a jury believes that you are guilty of grand theft, the fact that you (1) returned the property, (2) intended to return the property, or (3) attempted to return the property, will not serve as a defense.

Nevertheless, even if it seems like the evidence is stacked against you, there are numerous ways to have felony grand theft charges reduced to misdemeanors. Similarly, procedural flaws in the police investigation or other constitutional violations could even result in a dismissal of your charges.

California Grand Theft and Other Related Charges

Grand theft, under California Penal Code 487 PC, may take place with a variety of other charges. Burglary, robbery, forgery, and petty theft are just a few examples.

Burglary is defined as entering a home, shop, etc. with the intent to steal. This means that you may be charged with grand theft and burglary if it is believed that you entered the premises with the intent to commit grand theft and then did so. For example, carrying empty bags into a store might cause a jury to believe that you intended to fill them once inside.

Robbery is taking the personal property from another against his/her will, using force or fear. Both robbery and residential nburglary are "strikes" under California's Three Strikes Law.

If you were charged with either of these theft-related crimes, a "grand theft" reduction might be sought by your California grand theft attorney. This reduction would prevent you from obtaining a "strike" on your record.

Forgery is a type of theft which involves fraud. If, for example, you steal $1,000 from another by signing his/her name to a check, you may be charged with forgery and grand theft. It is very common to be charged with forgery and grand theft based on the same offense.

Petty theft is a lesser-included offense of grand theft. This means that a jury might find that you committed petty theft if they believe the property that you allegedly took had a value of $400 or less.

Receiving Stolen Property is when you buy or take possession of property that you know or reasonably should know to be stolen.

Penalties, Punishment, and Sentencing for Grand Theft under California Penal Code 487

California Penal Code 487 PC "grand theft" is a "wobbler". This means that depending on (1) the circumstances of your case, and (2) your criminal history, the charge may be filed as either a misdemeanor or a felony.

If you are convicted of grand theft as a misdemeanor, you face up to one year in a county jail. If you are convicted of grand theft as a felony, you face 16 months, or two or three years in the California State Prison.

It should be noted that "grand theft firearm" will always be charged as a felony and will additionally count as a "strike" on your record.

• Enhancements

In addition to the penalties noted above, you can receive an additional and consecutive state prison sentence for any of the following⁷:

• One year if the amount of the property was worth more than $65,000



• Two years if the amount was worth more than $200,000



• Three years if the amount was worth more than $1,300,000, or



• Four years if the amount was worth more than $3,200,000.

*These enhancements will also apply if you have been charged with multiple acts of grand theft that were all part of a common plan if the values added together total these amounts.

If you have additional questions or would like a confidential discussion with a criminal theft defense attorney, we invite you to contact us. We have local criminal law offices in San Bernardino, Santa Monica, Rancho Cucamonga, and all surrounding Southern California cities.

Legal References:

¹People v. Counts (1995) 31 Cal.App.4th 785, 792-793 ("Juries need no longer be concerned with the technical differences between the several types of theft, and can return a general verdict of guilty if they find that an 'unlawful taking' has been proved.")

²California Criminal Jury Instructions 14.20 -- Grand and Petty Theft

³People v. MacArthur, (App. 4 Dist. 2006) 142 Cal.App.4th 275 ("An intent to temporarily deprive the owner of possession may suffice when the defendant intends to take the property for so extended a period as to deprive the owner of a major portion of its value or enjoyment.")

⁴Davis, above. ("The intent to steal or animus furandi is the intent, without a good faith claim of right, to permanently deprive the owner of possession. ( Id. at pp. 326-327.) And if the taking has begun, the slightest movement of the property constitutes a carrying away or asportation. (Id. at pp. 323-325.)" -- Quoting CALJIC No. 14.02; Perkins & Boyce, Criminal Law (3d ed. 1982))

⁵People v. Khoury, (1980) 108 Cal.App.3d Supp. 1 ("(I)n order to constitute a carrying away, the property need not be . . . actually removed from the premises of the owner. Any removal of the property from the place where it was kept or placed by the owner, done with the specific intent to deprive the owner permanently of his property . . ., whereby the perpetrator obtains possession and control of the property for any period of time, is sufficient to constitute the element of carrying away." -- Quoting (CALJIC No. 14.03; 1 Witkin, Cal. Crimes, Crimes Against Property, ss 383, 384, 385, 386))

⁶People v. Brooks, (1985) 166 cal.app.3d 24 ("'Whether a series of wrongful acts constitutes a single offense or multiple offenses depends upon the facts of each case and a defendant may be properly convicted upon separate counts charging grand theft from the same person if the evidence shows that the offenses are separate and distinct and were not committed pursuant to one intention, one general impulse, and one plan.' -- Quoting People v. Bailey (1961) 55 Cal.2d 514. 'If the defendant has no general overall plan or intent, each offense is regarded as distinct; if he has a general intent or overall plan, there is only one offense, and the values will be aggregated to make a single crime of grand theft.' Witkin, Cal. Crimes, § 374, p. 348.")

7California Penal Code Section 12022.6

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