Grand theft is the crime of taking something of value without the owner's permission. When the amount stolen is over $400, the crime is automatically a felony. Grand theft can be charged as a misdemeanor or a felony, based on the property’s value and the criminal record of the accused. To be charged with misdemeanor grand theft, the value of the property must be less than $950. Misdemeanor grand theft is punishable by up to one year in jail and/or a fine not exceeding $1,000.
It is important to contact a criminal defense attorney as soon as possible if you are accused of grand theft. Our experienced lawyers at Los Angeles Criminal Attorney can review your charges and help you determine the best course of action.
Elements of Grand Theft
Grand theft can be committed in different ways in California and in every method, different elements of the crime must be met for it to be considered grand theft.
Grand Theft by Larceny
There are four crucial elements of this offense. They include:
- The defendant took possession of property owned by someone else,
- The defendant did so without the owner’s consent,
- The defendant intended to deprive the property owner permanently, and
- The property taken was worth more than $950.
Grand Theft by False Pretenses
The elements of this offense are:
- The defendant made a false representation of a past or existing fact,
- The defendant did so knowing the representation was false,
- The defendant made the false representation with the intention of defrauding the owner,
- The owner was defrauded, and
- The property taken was worth more than $950.
Grand Theft by Embezzlement
There are different elements of this offense such as:
- The defendant was entrusted with property owned by someone else,
- The defendant fraudulently appropriated the property for his/her own use, and
- The property taken was worth more than $950.
Grand Theft by Theft
There are different elements of this offense including:
- The defendant took possession of property owned by someone else,
- The defendant did so without the owner’s consent,
- The defendant intended to permanently deprive the owner of the property,
- The defendant used force or fear to take the property or to prevent the owner from resisting, and
- The property taken was worth more than $950.
Types of grand theft
Grand theft can be classified into different types depending on the value of property stolen, the type of property stolen, or how it is stolen. Common types of grand theft include:
Grand Theft of a Firearm
Penal Code 487(d)(1) PC makes it a crime to commit grand theft of a firearm. This offense is a “wobbler,” which means the prosecutor has the discretion to charge it as a felony or misdemeanor, based on your case and your criminal record. If convicted as a misdemeanor, the penalties include up to one year of detainment in jail and a fine of up to $1,000. If convicted of a felony, the penalties are 16 months, two or three years in jail, and a fine of up to $10,000.
Grand theft of a firearm is defined as the unlawful taking of a firearm that belongs to someone else, with the intent to permanently deprive the owner of the firearm. To be convicted of this crime, the prosecutor must prove that the accused:
- Unlawfully took possession of a firearm;
- The firearm belonged to someone else;
- At the time of the taking, the defendant intended to permanently deprive the owner of the firearm.
Taking possession of a firearm can be done in several ways, including physically taking the firearm from the owner, or taking it through fraud or deception. Punishment for grand theft of a firearm is enhanced if the defendant has a prior conviction for certain serious or violent felonies, such as murder, rape, robbery, or carjacking.
Grand Theft of an Automobile
In California, grand theft of an automobile is defined as the unlawful taking of a car that belongs to someone else, with the intention of permanently depriving the owner of their car. Grand theft of an automobile is considered a "wobbler" offense, which means that the prosecutor can either file a felony or misdemeanor charge. The decision of how to charge the offense is up to the prosecutor and is based on the value of the car and the offender's criminal history. If the car’s value is less than $950, the crime is convicted as a misdemeanor, the penalties include six months imprisonment in jail and a fine of up to $1,000.
If the value of the car is $950 or more, the crime is charged as a felony, and the penalties include 16 months, two or three years imprisonment in county jail, and a maximum fine of $10,000.
Grand theft of an automobile conviction can also lead to the suspension of the offender's driver's license.
Examples of Grand Theft
Grand theft can take many different forms and there are many different ways to commit it. Here are some examples of grand theft:
- Grand theft auto – stealing a car
- Grand theft bicycle – stealing a bicycle
- Grand theft boat – stealing a boat
- Grand theft firearm – stealing a firearm
- Grand theft from a person – stealing something from a person
- Grand theft of services – stealing services, such as cable or electricity
- Grand theft of trade secrets – stealing trade secrets
- Grand theft of a will – stealing a will
Grand theft is a complex offense that can have a negative impact on both the victim and the person charged with the crime. Victims may suffer financial losses, emotional trauma, and other damages. Those convicted of grand theft may face fines, jail time, and a criminal record, which can make it difficult to find a job or housing.
Penalties for Grand Theft in California
If you are convicted of grand theft, you may face severe legal penalties. The penalties are based on the stolen property’s value, as well as your criminal history.
If the value of the property stolen is worth less than $950, the grand theft is considered a misdemeanor offense and the penalties include a maximum detention of one year in jail, a maximum fine of $1,000, or both jail time and a fine.
If the value of the property stolen is worth above $950, the crime is considered a wobbler offense, which means the prosecutor can charge it as a felony or misdemeanor, based on the circumstances of your case, as well as your criminal history.
The maximum penalties for a misdemeanor grand theft are one-year detainment in jail, fines of up to $1,000, or both jail time and a fine.
The maximum penalties for felony grand theft are 16 months, or two or three years in California state prison, fines of up to $10,000, or both prison time and a fine.
Penalties for Grand Theft of a Firearm
Grand theft of a firearm is a wobbler offense. If grand theft of a firearm is convicted as a misdemeanor offense, the maximum penalties are detention in county jail for one year, a maximum fine of $1,000, or both jail time and a fine. If convicted of a felony offense, the maximum penalties are 16 months, or two or three years in California state prison, a maximum fine of $10,000, or both prison time and a fine.
Penalties for Grand Theft of an Automobile
Grand theft of an automobile is considered a wobbler offense, which means the prosecutor can either charge it as a felony or a misdemeanor, based on your case’s circumstances, and your criminal record. If grand theft of an automobile is prosecuted as a misdemeanor offense, the maximum penalties are one-year detainment in jail, a maximum fine of $1,000, or both jail time and a fine. If grand theft of an automobile is charged as a felony offense, the maximum penalties are 16 months, or two or three years in California state prison, a maximum fine of $10,000, or both prison time and a fine.
Legal Defenses for Grand Theft Charges
Certain legal defenses may help defendants in grand theft cases. When developing a defense strategy, a criminal defense attorney will consider the circumstances of the case, the strength of the prosecution’s evidence, and any applicable constitutional or statutory protections. The following is a list of some common defensive strategies that may apply in grand theft cases:
Mistake of Fact
If a defendant believed they owned the property or that they had permission to take it, they may have a valid defense. For example, if a defendant believed that they had purchased a vehicle when they had only signed a contract to purchase it, they may have made a viable mistake of fact defense.
Lack of Intent
To be guilty of grand theft, a defendant must have had the intention to deprive the victim of their property permanently. If a defendant took the property with the intention of returning it to the victim, they likely had no intent to commit grand theft.
Consent
If a defendant had the victim’s consent to take the property, they may not be guilty of grand theft. For example, if a defendant took a vehicle to have it repaired and the victim gave the defendant permission to take the vehicle, the defendant would have a valid consent defense.
False Accusation
It is possible that the defendant has been accused falsely of grand theft. This could be due to mistaken identity, a vendetta, or simply because the accuser is lying. In order to prove this defense, the defendant would need to provide evidence that shows that they could not have committed the crime, such as an alibi.
Insufficient Evidence
Another defense is that there is insufficient evidence to show that you are guilty beyond a reasonable doubt. This means that the prosecution lacks enough evidence to prove that the defendant is guilty. The defendant's attorney may try to poke holes in the prosecution's case or argue that the evidence is not enough to convict the defendant.
Grand Theft Vs. Petty Theft
In the United States, grand theft and petty theft are two different classifications of theft crimes. Grand theft is typically classified as a felony, while petty theft is typically classified as a misdemeanor.
The main difference between the two is the value of the property stolen. Grand theft is defined as the theft of property valued at $500 or more, while petty theft is defined as the theft of property valued at less than $500. Grand theft is a more serious crime than petty theft and is punishable by up to five years in prison and a fine of up to $5,000. Petty theft is punishable by up to one year in prison and a fine of up to $1,000.
Grand theft is a felony offense in all 50 states, while petty theft is a misdemeanor offense in most states. In some states, petty theft can be upgraded to a felony if the offender has prior theft convictions or if the value of the property stolen is high enough.
Grand theft is a serious crime that can have a lasting impact on the victim. The victim may suffer financial losses, as well as emotional trauma. Petty theft is also a crime, but it typically does not have the same lasting impact on the victim.
Grand Theft and Related Offenses
There are offenses that are often charged alongside, together with or in place of grand theft. These offenses include:
Robbery
If you are charged with grand theft, you may be able to avoid being charged with robbery if the prosecutor can prove that you committed the robbery by means of force or fear. If the prosecutor cannot prove that you used force or fear to commit the robbery, you may still be charged with grand theft.
Penal Code 211 PC robbery is defined as taking someone else’s property from their person or from the immediate area of their control against the victim’s will and in the presence of force or fear.
For a crime to be considered robbery, the victim must be aware that the offender intends to commit theft.
However, the victim does not have to be aware of the exact nature of the theft. Robbery is considered a violent felony offense in California. Robbery is usually charged as a felony in California. However, depending on the specific facts of the case, some robbery offenses can be charged as a misdemeanor. Penal Code 211 PC robbery is always a felony offense and the penalties include imprisonment in the California state prison for two, three, or five years.
First-degree Burglary
In order to be prosecuted for first-degree burglary under California Penal Code 459 PC, the prosecution must prove that the defendant entered a home or other building with the intent to commit a theft or felony once inside.
First-degree burglary is a “wobbler” offense, which means that the prosecutor can either file a felony or misdemeanor charge based on the facts of your case and the defendant’s criminal history.
If facing a misdemeanor charge, the sentence is one-year detainment in county jail. And in case of a felony charge, the sentence is up to six years imprisonment in state prison.
There are a number of factors that can elevate a burglary from a second-degree (misdemeanor) to a first-degree (felony) offense. These “aggravating factors” include:
- The defendant was armed with a lethal weapon or instrument (not just a knife or firearm) when he or she entered the building
- The defendant inflicted great bodily injury on someone while inside the building
- The building was occupied at the time of the burglary (i.e., there were people inside); or
- The burglary occurred at night
Another way to be charged with first-degree burglary is if the building that was burglarized was a “commercial establishment” as defined by California law. A commercial establishment is any building where merchandise or property is sold, leased, or rented, or where services are provided to the public. This includes, but is not limited to, businesses such as restaurants, stores, offices, and hotels.
Forgery
Forgery is the crime of falsely making or altering a written instrument with the intent to defraud. Under California law, forgery can be prosecuted as either a felony or a misdemeanor.
The crime of forgery is defined in Penal Code 470 PC as follows: “Every person who, with the intent to defraud, knowing that he or she has no authority to do so, signs the name of another person or of a fictitious person to any of the following instruments or items, or utters, passes, or attempts to pass, or uses, offers, or attempts to use, the same with the intent to defraud: Any check, draft, or order for the payment of money upon any bank or other depository, any certificate of deposit, bond, cashier’s check, or teller’s check, or any written instrument which does or may evidence, create, authorize, or perfect a right, obligation, or power with respect to money, property, or services.”
In order to be convicted of forgery under Penal Code 470 PC, the prosecutor must prove the following elements:
- The defendant falsely made, altered, or signed a written instrument
- The defendant knew that he or she had no legal authority to do so
- The defendant’s specific intention was to defraud
- The defendant intended to pass the forged document off as genuine
The decision of whether to charge the crime as a felony or a misdemeanor will be based on the value of the item that was forged. If the value of the item that was forged is less than $950, the crime will be charged as a misdemeanor. If the value of the item is $950 or more, the crime can be charged as a felony or a misdemeanor.
Petty Theft
Petty theft is a wobbler offense which means that the prosecutor can either file a felony or misdemeanor charge in California. Penal Code 484e PC makes it a crime in California to commit petty theft. This crime is also known as "petty larceny" in other states.
California law defines petty theft as the unlawful taking of property with a value of $950 or less.3 The value of the property does not include any value that has been added by the offender, such as by damaging or destroying the property. If the value of the property taken is $950 or less, the crime of petty theft is a misdemeanor in California.
The maximum punishment for a misdemeanor petty theft conviction is up to six months in county jail or a fine of up to $1,000, or both. However, if the value of the property taken is more than $950, the crime of petty theft can be charged as a felony.
The maximum punishment for a felony petty theft conviction is 16 months, two or three years in county jail, and/or a fine of up to $10,000.
A petty theft can also be charged as a felony if the offender has one or more prior convictions for certain serious or violent crimes, including any theft-related offense. These prior convictions can be from any state, not just California.
A petty theft can also be charged as a felony if the property taken was a firearm. A petty theft can also be charged as a felony if the offender used a vehicle to commit the theft and the value of the property taken was more than $950. Finally, petty theft can be charged as a felony if the offender committed the theft while he or she was on bail for another criminal case.
Find Criminal Defense Lawyer Near Me
Grand theft is a serious charge and can result in jail time, probation, and a criminal record. If you are facing grand theft charges, our experienced attorneys at Los Angeles Criminal Attorney may help protect your rights and help you fight your charges. Contact us at 424-333-0943 to speak to a professional defense attorney.
