CALIFORNIA PENAL CODE 487 PC – “GRAND THEFT”

Grand theft, or grand larceny as it is also known, is the acquiring of a person or entity’s property by illegal means and without their consent.

Under California Penal Code § 487 PC, grand theft is considered when property, real estate, money, or labor valued at more than $950 is stolen. If the stolen amount is $950 or less, it falls under the category of petty theft. Additionally, grand theft includes scenarios such as stealing directly from a person, as well as stealing a motor vehicle or firearm regardless of the value.

It’s important to note that grand theft can be classified as either a misdemeanor or a felony, making it a wobbler offense according to California law.

487. Grand theft is theft committed in any of the following cases:

(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).

(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=487.&lawCode=PEN

TYPES OF GRAND THEFT

There are different types of grand theft charges:

• Grand theft by larceny: Grand theft by larceny occurs when someone physically takes another person’s tangible property without permission and intends to permanently deprive the owner of it or take it for a significant period of time. The value of the stolen items must exceed $950 for it to be considered grand theft.
• Grand theft by false pretense: Grand theft by false pretense (California Penal Code 532 PC) is when someone knowingly and intentionally deceives another person by making a false statement to persuade them to allow the thief to take possession of their property. The person must rely on the false pretense and transfer ownership of the property to the thief.
• Grand theft by trick: Grand theft by trick is similar to grand theft by false pretense, but the key difference is that the owner lets the thief have possession of the property without intending to transfer ownership.
• Theft by embezzlement: Theft by embezzlement occurs when someone who is entrusted with property by the owner fraudulently takes or uses that property for their own benefit with the intent to deprive the owner, either permanently or temporarily.

One additional point regarding the four types of grand theft described: If the prosecutor alleges that you are guilty of California grand theft under multiple theories, the jury does not have to concur on which theory you violated. The jury only needs to agree that you unlawfully took someone else’s property in one of those ways.

However, the jury must unanimously agree on whether you committed Penal Code 487 grand theft or Penal Code 488 PC petty theft. If they cannot unanimously agree on grand theft but do unanimously agree that you committed a theft, you will be convicted of the lesser crime of California petty theft instead.

• Wage theft: Wage theft, on the other hand, is when an employer intentionally fails to pay an employee. It is charged as grand theft if the amount withheld exceeds $950 in a one-year period or if it exceeds $2,350 for the employee and at least one other worker in the same period.

ELEMENTS

The elements of the offense depend on the kind of grand theft that the prosecutor is charging. For example:

In order to establish grand theft by trick, the following elements must be satisfied:

• The defendant knowingly obtained property that belonged to someone else.
• The property owner consented to the defendant’s possession of the property due to the defendant’s use of fraud or deceit.
• At the time of obtaining the property, the defendant intended to permanently take it from its owner.
• The defendant retained possession of the property for any period of time.
• The owner did not have the intention of transferring ownership of the property to the defendant.
• Additionally, the property in question had a value exceeding $950.

Theft by larceny involves stealing property owned by someone else and relocating it. In order to prove this crime, the prosecutor must establish, beyond a reasonable doubt, the following elements:

• You took possession of someone else’s property without their consent.
• Your intention at the time of taking the property was to retain it permanently or for a duration significant enough to deprive the owner of a portion of its value or enjoyment.
• You moved the property and retained it for a certain period.
• The value of the property exceeded $950, or it was a firearm or automobile.

In order to prove that a false pretense was made, the prosecution must present one of the following pieces of evidence:

• The defendant intentionally and knowingly deceived a property owner through false or fraudulent representation or pretense.
• The defendant did so with the intention of persuading the owner to grant ownership and possession of the property to the defendant.
• The owner allowed the defendant to have the property based on their reliance on the defendant’s representation or pretense.
• Additionally, the property in question had a value exceeding $950.

The legal definition of grand theft by embezzlement includes the following elements:

• You were entrusted with certain property by the owner of that property.
• The owner placed you in a position of trust regarding the property.
• You fraudulently took or used the property for your own benefit.
• You had the intent to deprive the owner of the property, either permanently or temporarily.
• The property in question had a value exceeding $950.

It is important to note that even if you intended to eventually return the property, you may still be charged with grand theft by embezzlement.

PENALTIES, PUNISHMENT, AND SENTENCING

California Penal Code 487 PC designates “grand theft” as a wobbler offense, meaning it can be charged as either a misdemeanor or a felony at the prosecutor’s discretion. If convicted of misdemeanor grand theft, the potential sentence includes up to one year in county jail. However, a felony conviction for grand theft can result in felony probation with up to one year of county jail time, or a sentence of sixteen months, two years, or three years in county jail (unless the theft was of a firearm). The decision to pursue misdemeanor or felony charges is typically based on the specific circumstances of the case and the defendant’s criminal history.

If an individual commits grand theft of a firearm, also known as grand theft firearm, the offense is automatically classified as a felony in California. The potential sentence for grand theft firearm includes a term of sixteen months, two years, or three years in state prison. It is important to note that unlike other types of grand theft cases, grand theft firearms is considered a “serious” felony according to Penal Code 1192.7(c) PC. This designation makes grand theft firearms a “strike” offense under California’s three strikes law.

If grand theft charges are filed as felony charges, there is a possibility of receiving an additional and consecutive prison sentence if the value of the stolen property is particularly high. The potential additional prison sentences are as follows:

• One year if the property is valued at more than sixty-five thousand dollars ($65,000).
• Two years if the property is valued at more than two hundred thousand dollars ($200,000).
• Three years if the property is valued at more than one million three hundred thousand dollars ($1,300,000).
• Four years if the property is valued at more than three million two hundred thousand dollars ($3,200,000).

For the purpose of determining the value of stolen property for sentence enhancement, the courts will combine the value of all property stolen under a common scheme or plan.

If a defendant is accused of multiple acts of theft, they may face multiple counts of grand theft and receive separate convictions and sentences for each count. However, this does not apply if the multiple grand thefts were all part of a single common plan or scheme. In such cases, the defendant can only be charged with one count of grand theft, rather than multiple counts.

HOW TO FIGHT GRAND THEFT CRIME CHARGES?

Tabibnia law firm has extensive experience defending clients against grand theft charges. The four most persuasive legal defenses our criminal defense lawyer employs when facing the prosecution are:

• Lack of Intent: Lack of intent is a crucial defense against grand theft charges. If we can demonstrate to the prosecutor, judge, and/or jury that you did not have the intention to steal, it is not possible for you to be convicted of grand theft.

For instance, if we can prove that you made a mistake or were absent-minded in a situation where you accidentally took an item worth over $950 from a store while browsing, or if you absentmindedly drove home with merchandise worth over $950 while making a delivery for your employer, we can argue that you should be acquitted of grand theft based on the lack of intent. In many instances, we are able to procure surveillance video evidence that clearly shows that your actions were unintentional and therefore not criminal.

• Claim of Right: If you obtained the property under the belief that it belonged to you, known as a “claim of right,” you cannot be convicted of grand theft. This defense applies as long as you had an honest and reasonable belief, regardless of whether that belief was ultimately correct.

To support this defense, we rely on evidence such as recorded communications (emails, texts) and eyewitness accounts of conversations regarding the property. However, it’s important to note that this defense will not apply if you attempted to conceal the taking at the time it occurred or afterward. Additionally, if the property in question was owned illegally (such as illicit drugs), you cannot use this defense.

• Consent: If the owner of the property gave you consent to take it, you cannot be found guilty of grand theft. To establish that you had consent, we would gather and present all available evidence, such as recorded communications, eyewitness accounts, and video recordings.

However, it’s important to note that this defense has a limitation. Your use of the property must align with the scope of the consent given. If you obtained consent to use the property in a specific manner or for a particular purpose but used it in a different way or for a different purpose, this defense may not apply.

• False Accusations: False accusations are unfortunately common in cases of California embezzlement and other grand theft offenses. It is not uncommon for disputes arising from business deals gone wrong to result in false allegations of grand theft by false pretenses or embezzlement.

Therefore, this defense is often valuable and effective in such cases.

In order to establish that you are a victim of false allegations, our criminal defense lawyer conducts a thorough investigation into the accusers. This includes reviewing their text messages, voicemails, and any other relevant communications, as well as gathering eyewitness accounts of their statements regarding the property in question. His aim is to expose any inconsistencies, contradictions, or ulterior motives that could undermine the credibility of your accusers.

IMMIGRATION CONSEQUENCES

A conviction for grand theft may be considered a crime involving moral turpitude (CIMT), which can have significant immigration consequences. Crimes involving moral turpitude can potentially lead to adverse immigration consequences, such as deportation, inadmissibility, or denial of applications for visa or immigration benefits.

If you are facing charges, contact Los Angeles grand theft attorney Cyrus Tabibnia for a free consultation. Call 866-713-2159. https://tabibnialaw.com/practice-areas/theft-crimes/grand-theft/

Furthermore, if the value of the stolen property exceeds $10,000, the offense may be considered an aggravated felony under immigration law. Aggravated felonies can result in even more severe immigration consequences, including mandatory deportation and bars on re-entry to the United States.

It is essential for individuals facing charges under California Penal Code 487 PC to consult with an experienced immigration attorney who can provide guidance and assess the potential immigration consequences in their specific case. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Yes, under certain conditions, a defendant may be eligible to have a conviction for “Grand Theft” expunged under California Penal Code 487 PC. Expungement allows the defendant to have their conviction set aside and dismiss the case against them. However, eligibility for expungement depends on various factors such as the specific circumstances of the case, the defendant’s criminal history, and their compliance with probation or parole requirements. It is recommended to consult with an expungement attorney in Los Angeles to determine whether you qualify for expungement under these circumstances.

RELATED CRIMES

• California Penal Code Section 484 PC – Petty Theft
• California Penal Code Section 666 PC – Petty Theft with Prior
• California Penal Code Section 487(d)(1) PC – Grand Theft Auto
• California Penal Code Section 487(d)(2) PC – Grand Theft Firearm
• California Penal Code Section 459 PC – Burglary or Auto Burglary
• California Penal Code Section 211 PC – Robbery
• California Penal Code Section 532 PC – Theft by False Pretenses
• California Penal Code Section 537 PC – Defrauding an Innkeeper
• California Penal Code Section 470 PC – Forgery
• California Penal Code Section 503 PC –Embezzlement
• California Penal Code Section 424 PC – Misappropriation of Public Funds

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or someone you know is facing an investigation or has already been charged with grand theft under California Penal Code Section 487, it is advised to seek the assistance of an experienced criminal defense attorney immediately. Cyrus Tabibnia at Tabibnia Law Firm is a skilled attorney in Los Angeles who can provide a consultation to help maximize your chances of a successful outcome in your case.

By engaging in pre-filing intervention, Cyrus may be able to negotiate with the prosecutor to prevent the formal filing of criminal charges. Early intervention by our law firm can play a crucial role in determining the outcome of your case. Cyrus has a proven track record of success in various theft crime cases. Additionally, he may explore the possibility of filing a Penal Code 17(b) motion to reduce the felony charge to a misdemeanor.

To discuss your case and develop a strategy for the best possible outcome, it is recommended to call Cyrus at 866-713-2159. He will review all the details of your case to provide the necessary guidance and support.