§ 487 PC – “Grand Theft” – California Law & Penalties

California Penal Code § 487 prohibits grand theft, which is stealing either:

1. Personal property, real estate, money, or labor worth more than $950; or
2. Property directly from another person, regardless of its value; or
3. A motor vehicle or firearm, regardless of its value.¹

Stealing property valued at $950 or less is the less serious crime of petty theft ²

Grand theft is a wobbler.³ This means it can be either a misdemeanor or a felony, as the following table shows.⁴

Grand Theft Charge	California Penalties
Misdemeanor	Up to 1 year in jail
Felony	16 months, 2 years, or 3 years in jail

Now that Proposition 36 has passed, there are enhanced punishments for “smash and grab” scenarios. For example, if you commit grand theft with at least two other people, the judge will increase the sentence by one, two, or three years.

To help you better understand the law, our California criminal defense attorneys will address the following grand theft topics:

• 1. What is grand theft?
• 2. Grand vs Petty Theft
• 3. Sentencing
• 4. Defenses
• 5. Related Offenses
• Additional Reading

1. What is grand theft?

As discussed below, you can commit grand theft either by:

1. Larceny,
2. False pretense,
3. Trick, or
4. Embezzlement.

Remember that prosecutors will bring petty theft rather than grand theft charges if the value of the property is $950 or less (unless the property is a motor vehicle or firearm).

1) Grand Theft By Larceny

Larceny comprises most shoplifting- and burglary-related thefts.⁵ For you to be convicted, prosecutors have to prove beyond a reasonable doubt these four elements of California Jury Instruction “CALCRIM” 1800:

1. You took possession of property owned by someone else;
2. You did not have permission from the owner to take the property;
3. When you took the property, you intended either
   • to deprive the owner of it permanently, or
   • to take it away from the owner for a period of time long enough that they would be deprived of a significant portion of the value or enjoyment of it; and
4. You moved the property (this can be a very short distance) and kept it for a period of time (however brief).⁶

2) Grand Theft by False Pretenses

Like it sounds, grand theft by false pretenses is taking ownership through deception. For you to be convicted of theft by false pretenses under Penal Code 532 PC, prosecutors have to prove beyond a reasonable doubt these three elements of California Jury Instruction “CALCRIM” 1804:

1. You knowingly and intentionally deceived somebody by telling them something that was not true (this is “making a false pretense”);⁷
2. You made the false pretense intending to persuade that person to let you take possession of their property;⁸ and
3. The person relied on your false pretenses and so let you take possession and ownership of their property.⁹
   

Note that the false pretense has to be one important reason why the person turned their property over to you.¹⁰ It does not have to be the only reason.¹¹

3) Grand Theft by Trick

Although they sound similar, grand theft by trick is slightly different than grand theft by false pretenses.

For you to be convicted of grand theft by trick in California, prosecutors have to prove beyond a reasonable doubt these five elements of Jury Instruction “CALCRIM” 1805:

1. You obtained property that someone else owned (and you knew it was owned by someone else);
2. You used fraud or deceit to get the property owner to let you take possession of their property;
3. You took possession of the property intending to either
   • deprive the owner of it permanently, or
   • take it away from the owner for a period of time long enough that they would be deprived of a significant portion of the value or enjoyment of property;
4. You kept the property for a period of time (even a very brief period); and
5. The property owner did not intend to transfer ownership of the property to you.¹²

Unlike with grand theft by false pretense, the victim in theft by trick cases lets you take only possession of the property without any intention to let you take ownership of it.¹³

4) Grand Theft by Embezzlement

With grand theft by embezzlement, the crime is not taking the property but rather keeping it for yourself.

The elements of theft by embezzlement are outlined in California Jury Instruction “CALCRIM” 1806.¹⁴ For you to be convicted, prosecutors have to prove beyond a reasonable doubt these four elements:

1. You were entrusted with certain property by the owner of that property;
2. The property owner put you in a position of trust with respect to the property;
3. You took or used that property fraudulently, to benefit yourself; and
4. You had the intent to deprive the owner of the property, either permanently or temporarily.¹⁵

So even if you intended eventually to return the property, you may still have committed grand theft by embezzlement.¹⁶

If Your Case Goes To Trial

If the prosecutor alleges that you are guilty of grand theft under one of the above four theories, the jury does not have to agree on which one you violated. The jury must only agree that you unlawfully took someone else’s property in one of those four ways.

However, the jury must unanimously agree as to whether you committed grand theft or petty theft. If they cannot unanimously agree that you committed grand theft – but they unanimously agree that you committed a theft – you will be convicted of the lesser crime of petty theft instead.¹⁷

What About Wage Theft?

Wage theft occurs when your employer intentionally fails to pay you. It is charged as grand theft in California if your employer withheld either:

• More than $950 from you in a one-year period, or
• More than $2,350 from you and at least one other worker in a one-year period.¹⁸

2. Grand vs Petty Theft

In California, “grand theft” is almost identical to the less serious crime of petty theft (shoplifting).¹⁹ The main difference is that grand theft involves taking property worth more than $950.²⁰

Note that if you have a prior conviction for a registerable sex offense or certain serious felonies, then you could face grand theft charges for stealing $950 or less in goods.²¹

You can also be charged with grand theft if:

• You repeatedly take money, labor, personal property, etc. from your employer,²² and
• The combined value of the stolen property during any 12-month period totals more than $950.²³

The following chart compares the differences between petty theft and grand theft in California.

CALIFORNIA LAW	Petty Theft	Grand Theft
Penal Code	484(a) & 488 PC	484(a) & 487 PC
Definition	Theft of property valued at $950 or less	Theft of property valued over $950, or theft of any firearm or motor vehicle
Penalties	Misdemeanor: Up to 6 months in county jail and/or fine up to $1000	Misdemeanor: Up to 1 year in county jail or Felony: 16 months, 2 or 3 years in state prison
Defenses	Claim of right, lack of intent, mistaken identity	Claim of right, lack of intent, mistaken identity
Probation	Possible	Possible
Immigration	May be deportable as a crime of moral turpitude	May be deportable as a crime of moral turpitude
Gun Rights	No impact	A felony conviction triggers a loss of gun rights

3. Sentencing

In California, the prosecutor decides whether to bring PC 487 charges as a misdemeanor or a felony.²⁴ They will usually base the decision on

1. The circumstances of your case, and
2. Your criminal history.

If you are convicted of grand theft as a misdemeanor, you face up to one year in jail.²⁵ If you are convicted of grand theft as a felony, you face:

• Formal probation with up to 1 year of jail time, or
• 16 months, 2 years, or 3 years in jail (unless the theft was of a firearm).²⁶

You can also be ordered to pay restitution. If you are a non-citizen, you could potentially be deported. Plus depending on your occupation, your professional license could be revoked or suspended.

Grand Theft Firearm Penalties

If you commit grand theft of a firearm (also known as grand theft firearm), it is always a felony.²⁷ The sentence for grand theft firearm is 16 months, two years, or three years in California State Prison.²⁸

Also – unlike other kinds of grand theft – grand theft firearm is considered a “serious” felony under Penal Code 1192.7(c) PC. This means that grand theft firearm is a “strike” offense under California’s three strikes law.²⁹

Penalty Enhancements

If your grand theft charges are felonies, you can receive an additional and consecutive prison sentence if the value of the property you stole was particularly high:

• 1 year if the property was worth more than $50,000,
• 2 years if the property was worth more than $200,000,
• 3 years if the property was worth more than $1,000,000, and
• 4 years if the property was worth more than $3,000,000 (plus 1 year for each additional property loss of $3,000,000).³⁰

If you stole more than one piece of property during a particular theft spree, courts add together the value of all the property stolen.³¹

Retail Theft Cases

It is a separate crime under PC 496.6 to possess shoplifted retail property valued at more than $950 with the intent to sell, exchange, or return it. This offense – called unlawful deprivation of a retail business opportunity – is a wobbler.

As a misdemeanor, violating PC 496.6 carries up to one year in jail. As a felony, violating PC 496.6 carries a jail sentence of either:

• 16 months,
• 2 years, or
• 3 years.

Also, the court can issue a two-year restraining order barring you from entering the retail establishment you were convicted of stealing from.³²

Proposition 36

Now that Proposition 36 is law, there are enhanced penalties for “smash and grab” cases. For instance, causing at least $50,000 in property loss carries an additional year of incarceration.

Also, committing grand theft with at least two other accomplices will enhance your sentence by one, two, or three years.³³

4. Defenses

Our California criminal defense law firm has decades of experience fighting grand theft charges. The four defenses that are most persuasive when we are facing down the D.A. are as follows.

1) You Had No Intent to Steal

If you did not have the intent to steal, you cannot be convicted of grand theft – period!³⁴

This means that if we can convince the prosecutor, judge, and/or jury that you simply made a mistake or were being absent-minded, then you committed no crime.

In many cases, we can find surveillance video that clearly shows that whatever you did was clearly unintentional and therefore not criminal.

2) You Had a “Claim of Right”

It is not grand theft if you took property under a “claim of right” – that is, if you had a good faith, honest and reasonable belief that it actually belonged to you. This is true even if your belief was incorrect.³⁵

Typical evidence we rely on when asserting “claim of right” are your recorded communications (such as emails and texts) as well as eyewitness accounts of your conversations concerning the property.

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 “claim of right” if the property was something you owned unlawfully (such as illicit drugs).

3) The “Victim” Consented

If the owner of the property consented to you taking it, you are not guilty of grand theft. In order to show that you had consent to take the property, we would compile all the available evidence, which may include:

• Recorded communications,
• Eyewitness accounts, and/or
• Video recordings.

However, if you obtained consent to use the property in a specific way or for a specific purpose – but instead used it in a different way or for a different purpose – then consent will not work as a defense.

4) You Were Falsely Accused

Countless people are falsely accused, framed, and wrongly arrested for grand theft. Oftentimes, a business deal gone sour can lead to false accusations of grand theft by false pretenses or embezzlement.

To show that you are a victim of false allegations, we investigate the accusers by poring over their text messages, voicemails, etc. as well as any eyewitness accounts of what they said regarding the property in question.

In many cases, we can impeach your accusers’ credibility and demonstrate that they had a clear motivation to lie – usually by using their own words and actions against them.

5. Related Offenses

• Auto burglary – Penal Code 459 PC
• Burglary – Penal Code 459 PC
• Burglary with explosives – Penal Code 464 PC
• Robbery – Penal Code 211 PC
• Forgery – Penal Code 470 PC
• Grand theft auto – Penal Code 487(d)(1) PC
• Joyriding – Vehicle Code 10851 VC
• Misappropriation of public funds – Penal Code 424 PC
• Petty theft – Penal Code 484 & 488 PC
• Petty theft with a prior –  Penal Code 666 PC

Additional Reading

For more information, refer to our related articles:

• Grand Theft Person – What is this crime? – Stealing something from someone else’s person.
• How much theft is a felony? – When theft is considered a felony rather than a misdemeanor.
• What is the statute of limitations for “theft” in California? – When prosecutors must press charges by.
• Petty theft v. Grand theft – What’s the difference? – How the value of the property makes all the difference.
• Grand Theft Firearm – The penalties for stealing guns.

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