In California, Penal Code § 487 defines the crime of grand theft. Grand theft occurs when you steal:
- Personal property, real estate, money, or labor worth more than $950; or
- Property directly from another person, regardless of its value; or
- A motor vehicle or firearm, regardless of its value.1
Stealing property valued at $950 or less is considered 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:4
The following chart illustrates the potential penalties:
Grand Theft Charge | California Penalties |
Misdemeanor | Up to 1 year in jail |
Felony | 16 months, 2 years, or 3 years in jail |
To help you better understand the law, our California criminal defense attorneys will address the following:
- 1. What is grand theft?
- 2. Grand vs Petty Theft
- 3. Sentencing
- 4. Defenses
- 5. Related Offenses
- 6. Additional Reading
If after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.
Penal Code 487 PC defines grand theft as stealing property valued at more than $950.
1. What is grand theft?
There are different ways you can commit grand theft. The elements of the offense depend on the kind of grand theft that the prosecutor is charging.
Grand Theft By Larceny
Simply put, the form of theft known as “larceny” occurs when you physically carry off another person’s tangible property.
For you to be convicted of grand theft by larceny in California, prosecutors have to prove beyond a reasonable doubt these elements of the jury instructions:
- 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
- You moved the property (this can be a very short distance) and kept it for a period of time (however brief).5
Simple shoplifting cases can lead to charges of grand theft by larceny if the total value of the stolen items exceeds $950.6
Grand Theft by False Pretenses
For you to be convicted of theft by false pretenses (Penal Code 532 PC) in California, prosecutors have to prove beyond a reasonable doubt these elements of the jury instructions:
- You knowingly and intentionally deceived somebody by telling them something that was not true (this is “making a false pretense”);7
- You made the false pretense intending to persuade that person to let you take possession of their property,8 AND
- The person relied on your false pretenses and so let you take possession and ownership of their property.9
Note the false pretense has to be one important reason why the person turned his property over to you. It does not have to be the only reason.10
Also note the prosecution will need one of the following to show that you actually made a false pretense:
- A false writing or “false token” (this is often some kind of fake document, like a fake check or contract),
- A writing that sets out the false pretense, signed or handwritten by you,
- Testimony from at least two witnesses, OR
- Testimony from one witness plus some other evidence.11
Grand Theft by Trick
For you to be convicted of grand theft by trick in California, prosecutors have to prove beyond a reasonable doubt these elements of the jury instructions:
- 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
Grand theft by trick is very similar to grand theft by false pretense, but there is one key difference. With grand theft by false pretense, the person whose property is taken lets you have both
- possession
- and ownership
of the property (this can mean, for example, formal title to the property).
Though with grand theft by trick, the idea is that the person lets you take only possession of the property without any intention to let you take ownership of it.13
Theft by Embezzlement
For you to be convicted of grand theft by embezzlement in California, prosecutors have to prove beyond a reasonable doubt these elements of the jury instructions:14
- You were entrusted with certain property by the owner of that property;
- The property owner put you in a position of trust with respect to the property;
- You took or used that property fraudulently, to benefit yourself; and
- 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
One more note about the four types of grand theft we have just described: If the prosecutor alleges that you are guilty of California grand theft under more than one of these theories, the jury does not have to agree on which one you violated. The jury must only agree that you unlawfully took the property of someone else in one of those ways.
However, the jury must unanimously agree as to whether you committed Penal Code 487 grand theft or Penal Code 488 PC petty theft. If they cannot unanimously agree that you committed grand theft – but unanimously agree that you committed a theft – you will be convicted of the lesser crime of California petty theft instead.17
What About Wage Theft?
Another more specific theft crime is wage theft, which 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
“Grand theft” under 487 PC is almost identical to the less serious crime of petty theft (shoplifting) under California law.19 Stealing is grand theft if the property taken is worth more than $950.20
Note that if you have a prior conviction for a registerable sex offense or certain serious felonies, then you would face grand theft charges for stealing the following even if the value is $950 or less:21
- a firearm,
- an automobile,
- certain animals (such as a horse, sheep, or pig), OR
- any property that was taken off the person of its owner (that is, off of their body or clothing or from a container held by them).22
Finally, you can also be charged with grand theft if:
- you repeatedly take money, labor, personal property, etc. from your employer and
- the total value of the property stolen totals more than $950 during any 12-month period.23
A 487 PC conviction can lead to up to 3 years in jail.
3. Sentencing
“Wobbler” Penalties
California Penal Code 487 PC “grand theft” is, in most cases, a wobbler. This means that the prosecutor may charge this offense as either a misdemeanor or a felony.24
If you are convicted of grand theft as a misdemeanor, you face up to one year in county jail.25
If you are convicted of grand theft as a felony, you face:
- felony probation with up to 1 year of county jail time, or
- 16 months, 2 years, or 3 years in county jail (unless the theft was of a firearm).26
The decision to file charges for misdemeanor grand theft or felony grand theft is up to the prosecutor’s discretion. They will usually base the decision on
- the circumstances of your case, and
- your criminal history.
Grand Theft Firearm Penalties
If you commit grand theft of a firearm (also known as grand theft firearm), the offense is always a felony.27 The potential sentence for grand theft firearm is 16 months, two years, or three years in California state prison.28
Also — unlike other kinds of California 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 brought as felony charges, 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 $65,000,
- 2 years if the property was worth more than $200,000,
- 3 years if the property was worth more than $1,300,000, and
- 4 years if the property was worth more than $3,200,000.30
In determining the value of property stolen for sentence enhancement purposes, courts will add together the value of all property stolen under a common scheme or plan.31
Multiple Counts of Grand Theft in the Same Case
If you are accused of multiple acts of theft, you may be charged with more than one count of grand theft and receive a conviction and sentence for each count.32 However, this is NOT the case if the multiple grand thefts were all part of one common plan or scheme.
If the incidents of theft were part of one common plan or scheme, you can only be charged with one count of grand theft.33
4. Defenses
Our law firm has decades of experience fighting grand theft charges. The four legal defenses that are most persuasive when we are facing down the D.A. are as follows.
Lack of Intent
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 cannot be convicted of grand theft.
In many cases, we can find surveillance video that clearly shows that whatever you did was clearly unintentional and therefore not criminal.
Claim of Right
If you obtained the property under a claim of right – that is, if you had an honest and reasonable belief that it actually belonged to you – then you cannot be convicted of grand theft.
Not only that, but this “claim of right” defense applies as long as you had a good faith belief that the property belonged to you regardless of whether that belief was correct.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 this as a defense if the property was something you owned illegally (illicit drugs, for example).
Consent
If the owner of the property consented to you taking it, you are not guilty of the offense 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
- video recordings
That said, there is a caveat: your use of the property must fall within the scope of that consent.
That means that if you obtained consent to use the property in a specific way or for a specific purpose but used it in a different way or for a different purpose, you may not be able to rely on this legal defense.
False Accusations
Countless people are falsely accused, framed, and wrongly arrested for California embezzlement and other grand theft offenses. 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
Grand theft auto is grand theft when the stolen property is an automobile.
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.
Legal References:
- Penal Code 484 PC – Theft defined. (“Every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.”)
- Penal Code 487 PC – Grand theft defined.
Grand theft is theft committed in any of the following cases:
(a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision
(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.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).
(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile.
(2) A firearm.
- Penal Code 489 PC – Grand theft; punishment. (“Grand theft is punishable as follows: (a) When the grand theft involves the theft of a firearm, by imprisonment in the state prison for 16 months, two, or three years. (b) In all other cases, by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.”)
- See same – Grand theft; punishment.
- Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 1800 – Theft by Larceny (Pen. Code, § 484).
To prove that the defendant is guilty of this crime, the People must prove that:
1 The defendant took possession of property owned by someone else;
2 The defendant took the property without the owner’s [or owner’s agent’s] consent;
3 When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property); AND
4 The defendant moved the property, even a small distance, and kept it for any period of time, however brief..See also People v. Williams (1992) 9 Cal.App.4th 1465; People v. Huggins (1997) 51 Cal.App.4th 1654; People v. Brady (1991) 234 Cal.App.3d 954; Buck v. Superior Court (1966) 245 Cal.App.2d 431; People v. Frankfort (1952) 114 Cal.App.2d 680; People v. Quiel (1945) 68 Cal.App.2d 674; People v. Sanders (1998) 67 Cal.App.4th 1403; People v. Avery (2002) 27 Cal.4th 49; People v. Marquez (1993) 16 Cal.App.4th 115; People v. Williams (1946) 73 Cal.App.2d 154; Perry v. Superior Court of Los Angeles County (1962) 57 Cal.2d 276; People v. Henning (2009) 173 Cal.App.4th 632. - See Lindsay Lohan charged with stealing a necklace from Venice jeweler, Los Angeles Times, Feb. 10, 2011; Prosecutor won’t seek jail for Ryder, CNN, Nov. 6, 2002.
- Judicial Council of California Criminal Jury Instruction CALCRIM 1804 – Theft by False Pretense (Pen. Code § 484).
To prove that the defendant is guilty of this crime, the People must prove that:
1 The defendant knowingly and intentionally deceived a property owner [or the owner’s agent] by false or fraudulent representation or pretense;
2 The defendant did so intending to persuade the owner [or the owner’s agent] to let the defendant [or another person] take possession and ownership of the property; AND
3 The owner [or the owner’s agent] let the defendant [or another person] take possession and ownership of the property because the owner [or the owner’s agent] relied on the representation or pretense.See also People v. Mason (1973) 34 Cal.App.3d 281; People v. Wooten (1996) 44 Cal.App.4th 1834; People v. Webb (1999) 74 Cal.App.4th 688; People v. Gentry (1991) 234 Cal.App.3d 131; People v. Fujita (1974) 43 Cal.App.3d 454; People v. Britz (1971) 17 Cal.App.3d 743; People v. Schmitt (1957) 155 Cal.App.2d 87; People v. Ryan (1951) 103 Cal.App.2d 904; People v. Cheeley (1951) 106 Cal.App.2d 748; People v. Whight (1995) 36 Cal.App.4th 1143; People v. Wymer (1921) 53 Cal.App. 204; People v. MacEwing (1955) 45 Cal.2d 218; People v. Gentry (1991) 234 Cal.App.3d 131; People v. Ashley (1954) 42 Cal.2d 246; People v. Randono (1973) 32 Cal.App.3d 164; People v. Beilfuss (1943) 59 Cal.App.2d 83; People v. Mace (1925) 71 Cal.App. 10. - See same.
- See same.
- See same.
- See same.
- Judicial Council of California Criminal Jury Instructions CALCRIM 1805 – Theft by trick (Pen. Code, § 484).
To prove that the defendant is guilty of this crime, the People must prove that:
1 The defendant obtained property that (he/she) knew was owned by someone else;
2 The property owner [or the owner’s agent] consented to the defendant’s possession of the property because the defendant used fraud or deceit;
3 When the defendant obtained the property, (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property);
4 The defendant kept the property for any length of time; AND
5 The owner [or the owner’s agent] did not intend to transfer ownership of the property. - See same.
- See Penal Code 484 PC.
- Judicial Council of California Criminal Jury Instructions CALCRIM 1806 – Theft by Embezzlement (Pen. Code, §§ 484, 503).
To prove that the defendant is guilty of this crime, the People must prove that:
1 An owner [or the owner’s agent] entrusted (his/her) property to the defendant;
2 The owner [or owner’s agent] did so because (he/she) trusted the defendant;
3 The defendant fraudulently (converted/used) that property for (his/her) own benefit; AND
4 When the defendant (converted/used) the property, (he/she) intended to deprive the owner of (it/its use).See also People v. Threestar (1985) 167 Cal.App.3d 747; People v. Sobiek (1973) 30 Cal.App.3d 458; People v. Casas (2010) 184 Cal.App.4th 1242; People v. Talbot (1934) 220 Cal. 3. People v. Kronemyer (1987) 189 Cal.App.3d 314; People v. Stein (1979) 94 Cal.App.3d 235; In re Basinger (1988) 45 Cal.3d 1348; People v. Sisuphan (2010) 181 Cal.App.4th 800; People v. Stewart (1976) 16 Cal.3d 133. - See same.
- People 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.”). CALCRIM 1801 – Theft: Degrees. (“The People have the burden of proving beyond a reasonable doubt that the theft was grand theft rather than a lesser crime. If the People have not met this burden, you must find the defendant not guilty of grand theft.”). See also People v. Failla (1966) 64 Cal.2d 560; People v. Nor Woods (1951) 37 Cal.2d 584.
- California Penal Code 487m PC.
- California Penal Code section 484 PC – Theft [includes both grand theft and petty theft] defined, endnote 1, above.
- Penal Code 490.2 PC – Petty theft; punishment of certain repeat offenders, endnote 2, above [distinguishes petty theft from grand theft based on value of property stolen]. See also People v. Thomas (1974) 43 Cal.App.3d 862.
- Penal Code 490.2 PC – Petty theft; punishment of certain repeat offenders, endnote 2, above [distinguishes petty theft from grand theft based on value of property stolen].
- Penal Code 487 PC – Grand theft defined, endnote 2, above.
- Penal Code 487 PC – Grand theft defined, endnote 2, above.
- Penal Code 489 PC – Grand theft; punishment, endnote 3, above.
- See same – Grand theft; punishment.
- See same – Grand theft; punishment. See also Penal Code 1170(h) PC. (“(h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.”)
- See same – Grand theft; punishment.
- See same – Grand theft; punishment.
- Penal Code 1192.7(c) PC. See also Penal Code 667(d) PC – Three strikes law.
- Penal Code 12022.6 PC.
- See same. See also People v. Sullivan (1978) 80 Cal.App.3d 16; People v. Whitmer (2014) 59 Cal.4th 733.
- Long Beach criminal defense attorney John Murray represents clients in criminal proceedings in all locations of the courts of Los Angeles County courts and Orange County courts.
- People 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.”)
- See, for example, CALCRIM 1800 – [Grand] Theft by Larceny, endnote 5, above.
- People v. Tufunga, (1999) 21 Cal.4th 935. (“The claim-of-right defense provides that a defendant’s good faith belief, even if mistakenly held, that he has a right or claim to property he takes from another negates the felonious intent necessary for conviction of theft or robbery. At common law, a claim of right was recognized as a defense to larceny because it was deemed to negate the animus furandi, or intent to steal, of that offense.”). See also People v. Romo (1990) 220 Cal.App.3d 514; People v. Devine (1892) 95 Cal. 227; In re Bayles (1920) 47 Cal.App. 517; People v. Navarro (1979) 99 Cal.App.3d Supp. 1.