Grand Theft in California – Penal Code 487 PC
California Penal Code 487 PC defines grand theft as unlawfully taking another person's property, money, labor, or real property with a value exceeding $950. In some situations, grand theft can also apply regardless of value when the stolen item is a motor vehicle or firearm.
Grand theft is a serious criminal offense in California and is considered a “wobbler.”
This means prosecutors can charge the offense as either a misdemeanor or a felony, depending on the value of the property involved, the circumstances of the case, and the defendant's prior criminal history.
If convicted of felony grand theft, a person may face up to three years in jail, substantial fines, restitution to the victim, and other long-term consequences.
Theft offenses are also considered crimes involving moral turpitude, which can impact employment opportunities, professional licensing, and immigration status.
Understanding how grand theft charges work and the legal defenses available is critical for anyone facing allegations under Penal Code 487.
Your best chance for a positive result in a theft-related offense is with an experienced California criminal defense attorney at Esfandi Law Group. To arrange a free consultation, call (310) 274-6529 or contact us here.
How California Law Defines Grand Theft
Under California law, grand theft occurs when someone intentionally takes property belonging to another person without permission and with the intent to permanently deprive the owner of that property.
Grand theft generally applies when:
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The value of the stolen property exceeds $950.
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The property is taken directly from another person.
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The stolen property is a motor vehicle or firearm, regardless of value.
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Multiple thefts occur as part of a common scheme with a total value exceeding $950.
For example, repeatedly taking small amounts of money from an employer over time may qualify as grand theft if the total value exceeds $950 within a 12-month period.
Under California Penal Code 487(c) PC, "Grand Theft Person" means unlawfully taking money, labor, or personal property directly from another person's body, clothing, or immediate control.
Retail loss prevention and law enforcement aim to prosecute organized theft rings under California Penal Code § 490.4 PC.
Under Penal Code 664, attempting to commit a crime is a separate offense that can result in substantial prison terms and fines.
Types of Grand Theft Under California Law
California recognizes several different legal theories under which someone may be charged with grand theft. The prosecution need not prove which specific theory applies, as long as the jury agrees that theft occurred.
Grand Theft by Larceny
Grand theft by larceny is the most common form of theft and occurs when someone physically takes another person's property.
To prove grand theft by larceny, prosecutors must establish:
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You took possession of someone else's property.
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The owner did not consent to the taking.
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You intended to permanently deprive the owner of the property.
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The property value exceeded $950.
Example: stealing jewelry or electronics worth more than $950.
Grand Theft by False Pretenses
Grand theft by false pretenses occurs when a person uses deception to convince someone to transfer ownership of property.
Prosecutors must show:
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The defendant intentionally misrepresented or concealed facts.
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The victim relied on the deception.
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The victim transferred ownership of the property because of the deception.
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The defendant intended to permanently deprive the victim of the property.
Example: convincing someone to invest money based on fraudulent promises.
Grand Theft by Trick
Grand theft by trick occurs when a victim gives someone temporary possession of property due to deception but does not intend to transfer ownership.
To prove this crime, prosecutors must show:
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The defendant obtained possession of property through fraud or deceit.
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The victim allowed possession because of the deception.
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Ownership was not intended to be transferred.
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The defendant intended to permanently deprive the owner of the property.
Example: borrowing an expensive property with no intention of returning it.
Grand Theft by Embezzlement
Grand theft by embezzlement occurs when someone entrusted with another person's property fraudulently converts it for their own use.
This offense often occurs in employment or financial management situations.
Prosecutors must prove:
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The property owner entrusted the property to the defendant.
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The defendant fraudulently used or converted the property.
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The defendant intended to deprive the owner of the property.
Example: an employee transferring company funds into a personal account.
Under California Penal Code 487m PC, deliberately stealing wages is considered Grand Theft.
Penalties for Grand Theft in California
The key factor that causes theft to escalate to a felony is the $950 statutory value threshold.
Because grand theft is a wobbler offense, the penalties depend on whether the crime is charged as a misdemeanor or felony.
Misdemeanor Grand Theft
Penalties may include:
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Up to one year in county jail
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Fines up to $1,000
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Restitution to the victim
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Summary probation
Felony Grand Theft
Felony grand theft penalties include:
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16 months, two years, or three years in jail
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Fines and restitution
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Formal probation
Additional consequences may include loss of professional licenses, difficulty obtaining employment, and immigration consequences for non-citizens.
California Penal Code 1001.36, mental health diversion, allows eligible defendants facing misdemeanor or felony charges to receive mental health treatment instead of traditional criminal prosecution.
Under California Penal Code 499c PC, stealing trade secrets is a serious white-collar crime.
Grand Theft Sentence Enhancements
California law allows enhanced penalties when the value of the stolen property is extremely high.
Possible enhancements include:
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One additional year if the property value exceeds $50,000
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Two additional years if the value exceeds $200,000
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Three additional years if the value exceeds $1,000,000
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Four additional years if the value exceeds $3,000,000
Courts may combine the value of multiple thefts under a common scheme to determine whether enhancements apply.
Recent legislative changes targeting organized retail theft also allow enhanced penalties in large-scale theft operations involving multiple offenders or significant financial losses.
Retail Theft and Organized Theft Laws
Courts may issue restraining orders preventing individuals convicted of retail theft from entering specific stores.
Additionally, Penal Code 496.6 PC criminalizes possessing retail property valued over $950 with the intent to resell or return it fraudulently.
Penalties for this offense include:
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Misdemeanor: up to one year in jail
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Felony: 16 months, two years, or three years in jail
Related Crimes to Grand Theft – Penal Code 487 PC
Several California criminal statutes are closely related to grand theft charges. Prosecutors often file these offenses as alternative or additional charges depending on the circumstances of the case.
Petty Theft – Penal Code 484 PC
Petty theft occurs when someone unlawfully takes property valued at $950 or less. It is typically charged as a misdemeanor and carries penalties, including up to six months in county jail, fines, and probation.
Petty theft becomes grand theft when the value of the property exceeds $950. Several legal defenses for shoplifting charges may apply depending on the facts of your case.
Petty Theft With a Prior – Penal Code 666 PC
Petty theft with a prior applies when someone accused of petty theft has previous convictions for certain theft-related or serious offenses. This charge can lead to enhanced penalties and, in some cases, may be prosecuted as a felony.
Grand Theft Auto – Penal Code 487(d)(1) PC
Grand theft auto involves unlawfully taking another person's vehicle with the intent to permanently deprive them of it. Unlike other theft crimes, the value of the vehicle does not matter. A conviction may result in jail time, fines, and restitution.
Intentionally tampering with, damaging, or removing parts from someone else's vehicle without permission is illegal. This offense is governed by California Vehicle Code 10852 VC and is often called "tampering with a motor vehicle."
Grand Theft Firearm – Penal Code 487(d)(2) PC
Stealing a firearm is considered grand theft regardless of its value. Because firearms are heavily regulated, courts often treat these cases more seriously and may impose stricter penalties.
Burglary – Penal Code 459 PC
Burglary occurs when someone enters a building, residence, or locked vehicle with the intent to commit theft or another felony. The crime does not require the theft to actually occur—entering with criminal intent is enough.
Robbery – Penal Code 211 PC
Robbery is a more serious theft-related offense involving the use of force or fear to take property from another person. Unlike grand theft, robbery is always charged as a felony and is considered a violent crime under California's Three Strikes law.
Forgery – Penal Code 470 PC
Forgery involves falsifying documents, signatures, or financial instruments with the intent to commit fraud. This offense often appears in cases involving financial theft or fraudulent transactions.
Receiving Stolen Property – Penal Code 496 PC
Receiving stolen property occurs when someone buys, possesses, sells, or conceals property they know—or reasonably should know—was stolen. This offense can be charged as either a misdemeanor or a felony, depending on the value of the property.
Joyriding – Vehicle Code 10851 VC
Joyriding involves unlawfully taking or driving another person's vehicle without permission, but without the intent to permanently steal it. Although different from grand theft auto, prosecutors sometimes file both charges in vehicle-related theft cases.
Misappropriation of Public Funds – Penal Code 424 PC
This offense applies when a public official or employee unlawfully uses government funds for personal benefit. These cases often involve large sums of money and can carry severe penalties, including prison sentences.
Common Defenses to Grand Theft Charges
Several legal defenses may apply in grand theft cases depending on the circumstances.
Lack of Intent
Prosecutors must prove the defendant intended to permanently deprive the owner of the property. Without this intent, theft cannot be proven.
Consent
If the property owner consented to the defendant taking or using the property, the theft charge may not apply.
Mistaken Value of Property
If the value of the property is less than $950, the charge may be reduced to petty theft.
False Accusations
Grand theft allegations sometimes arise from misunderstandings, financial disputes, or false accusations. Defense attorneys may challenge the accuser's credibility and examine communications or financial records.
Frequently Asked Questions
What is considered grand theft in California?
Grand theft occurs when someone unlawfully takes property valued at more than $950. California law also considers it grand theft if the stolen item is a motor vehicle or firearm, regardless of its value. In some cases, multiple thefts within a common plan that exceed $950 can also result in grand theft charges.
Is grand theft a felony in California?
Grand theft is classified as a wobbler offense in California. This means prosecutors may charge it as either a misdemeanor or a felony, depending on factors such as the value of the property, the circumstances of the offense, and the defendant's prior criminal history.
What is the jail sentence for grand theft?
If charged as a misdemeanor, grand theft can result in up to one year in county jail. If charged as a felony, the possible sentence is 16 months, two years, or three years in jail, along with fines and restitution to the victim.
Can grand theft charges be reduced to petty theft?
Yes. If the defense can show that the property involved was worth $950 or less, prosecutors may reduce the charge to petty theft. Other factors, such as lack of intent or insufficient evidence, may also lead to reduced charges or dismissal.
Does a grand theft conviction affect employment?
Yes. Theft offenses are considered crimes involving moral turpitude, which means they often appear on background checks. A conviction can affect employment opportunities, professional licensing, and immigration status.
Criminal Defense for Grand Theft Charges
Grand theft charges can carry serious legal and financial consequences. However, many theft cases involve misunderstandings, disputed property values, or insufficient evidence.
An experienced criminal defense attorney can review the evidence, challenge the prosecution's case, and pursue strategies to reduce or dismiss the charges.
If you are facing allegations of grand theft under California Penal Code 487, consulting with a qualified California criminal defense lawyer as soon as possible can significantly impact the outcome of your case.
Esfandi Law Group is ready to assist you. Book your free consultation by calling (310) 274-6529 or filling out the contact form here.