Facing an accusation of theft can turn your world upside down. Suddenly, you are confronted with a legal system that feels complex and intimidating, and the fear of the unknown can be overwhelming. You may be concerned about your reputation, freedom, and your family’s future. The weight of a potential criminal record presses on you, making it difficult to think clearly.
When you are grappling with a serious criminal charge like grand theft, you need straightforward information, not more confusion. What is felony grand theft in California? Getting answers and understanding the basics of law is the first step toward regaining control of your life. In challenging situations such as these, Esfandi Law Group is here to help you understand and pursue your best options. So let’s take a closer look at the implications of grand theft accusations.
Grand Theft California Penal Code Explained
The central California statute governing grand theft is Penal Code 487. This law distinguishes between grand theft and petty theft based primarily on the type of property stolen and its value. When you are facing a grand theft charge, California prosecutors will look to the specifics outlined in this code section to build their case.
Essentially, PC 487 establishes the state’s legal threshold that differentiates between minor and major theft offenses. It is not just about taking something that does not belong to you; it is about the specific circumstances and value of the stolen property. We will examine these details to help clarify what constitutes a petit theft or a grand theft charge.
Understanding the Grand Theft Amount California Law Sets
If the value of stolen goods helps determine whether the State charges you with petit or grand theft, what monetary amount elevates the theft to a more serious charge? The grand theft amount in California under Penal Code 487 is when the accused takes more than $950 worth of money, labor, or property from another.
However, the law carves out specific situations where a grand theft charge is appropriate regardless of the property’s value. Understanding these nuances is critical. The law provides that grand theft occurs under the following circumstances:
- When the property taken is worth more than $950;
- When the value of stolen agricultural products, including crops or aquacultural products, exceeds $250;
- When the State accuses you of taking property directly from the person of another (often referred to as theft from the person); or
- When the property stolen is an automobile, a firearm, or certain types of animals, such as a horse or sheep.
These distinctions show that the law considers not just the monetary loss but also the nature of the property and the manner in which you are accused of taking it. For anyone facing a theft accusation, knowing these specific thresholds and categories is fundamental to understanding the potential charges and penalties.
Is a Penal Code 487 Charge a Felony?
What is felony grand theft in California, and what are the penalties? Determining whether the State is likely to charge you with a felony and what consequences you might face is likely one of your most pressing concerns. In California, grand theft is a wobbler offense—meaning the prosecutor has the discretion to charge it as either a misdemeanor or a felony. This decision often depends on the specifics of the case, such as the value of the property stolen and your prior criminal history.
A misdemeanor grand theft conviction can result in up to one year in county jail. However, a felony conviction carries significantly more severe penalties, including a potential state prison sentence of 16 to 36 months.
Because of the significant difference in these possible outcomes, having a strong legal defense is crucial. The prosecution must prove beyond a reasonable doubt that you intended to permanently deprive the owner of their property. A skilled defense attorney can challenge the State’s evidence by questioning the valuation of the property and scrutinizing the alleged proof of intent. The specific facts of your case will determine the most effective defense strategy.
Defending Against a Grand Theft Charge in California
When building a defense, we meticulously analyze every piece of evidence. The prosecution’s case often hinges on proving intent and value, which can be a challenging task. A defense may be built around several key arguments. For example, you had a legitimate claim of right to the property, meaning you genuinely believed it belonged to you. Another defense could be a lack of intent to steal; perhaps you took the item by mistake or intended to return it.
We can also challenge the property’s valuation. If we can demonstrate that the alleged value of the stolen items does not meet the $950 threshold established in PC 487, the charge could be reduced from grand theft to petty theft. This reduction would expose you to significantly lower penalties.
Every detail matters, from witness statements to surveillance footage. Our seasoned lawyers know how to investigate the circumstances surrounding the accusation to find weaknesses in the prosecution’s case and fight for a more favorable outcome.
Our Commitment at Esfandi Law Group
At Esfandi Law Group, the unique background of our founder, Seppi Esfandi, helps to define our approach. With over 23 years of experience as a defense attorney, his perspective enables us to anticipate prosecutorial strategies and craft proactive, effective defenses. We do not offer generic legal advice; we develop customized plans tailored to the specific facts of each case.
Our track record speaks for itself. We have secured numerous dismissals for clients facing felony counts of grand theft and negotiated reductions from felony grand theft to misdemeanors with no jail time. Although we cannot promise outcomes, we will be just as dedicated to your case as we have been to others.
Take the First Step Toward Your Defense Now
Facing a grand theft charge can feel isolating, but you do not have to navigate this process alone. The decisions you make now will have a lasting impact on your life, so choose carefully. Contact Esfandi Law Group today to discuss your case with a team that has a proven history of success. We are ready to listen, and after listening and investigating, we are happy to fully explain your legal options.
