While many movies have glamorized the theft of big-ticket items like luxury cars and diamond rings, the truth is that all it takes is one unlucky day and you could be charged with grand theft. While certain items like cars and firearms automatically constitute grand theft, stealing items like fruits and aquacultural products can also be charged as grand theft.
Because the threshold for grand theft is so low in California, many small-time thieves and innocent people find themselves being charged with grand theft. If you are one of those people, you need representation immediately.
San Diego Lawyer for Grand Theft
If you have been charged with grand theft after stealing, or being false accused of stealing, some good or service, then you must contact an experienced theft defense lawyer as soon as possible.
The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, El Cajon, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.
What Are the Specific Laws for Grand Theft in California?
Grand theft in California falls under California Penal Code Section 487. Under this law, theft is considered “grand theft” when the property, money, or labor taken has a value exceeding $950, or when the item stolen is a vehicle or firearm.
Key terms under California Penal Code Section 487 include:
- Property: Includes tangible items, real estate, and even certain animals such as livestock or companion animals.
- Value: The fair market value of the property at the time and place of the theft is used to determine whether the threshold is met.
- Felonious Intent: The prosecution must show that the defendant knowingly intended to deprive the rightful owner of the property permanently or for an extended period. This is an element under state law that constitutes theft in general.
Certain types of theft, such as stealing firearms or automobiles, are automatically considered grand theft, regardless of value. California Penal Code Section 487(d) highlights these exceptions. Additionally, theft involving an “overall plan” where multiple acts of theft are aggregated to exceed $950 also falls under grand theft, as explained in California Penal Code Section 487(e). Many chain supermarkets use this clause for shoplifters by building a database of shoplifters and only pressing charges when the value of the stolen goods exceeds the threshold for grand theft.
Key Elements of a Grand Theft Case
To determine guilt in a grand theft case, a jury must evaluate several key elements based on California Penal Code Section 487 and the Judicial Council of California’s jury instructions, particularly CALCRIM No. 1801:
- The Defendant Took Property, Labor, or Money: The prosecution must show the defendant took possession of something belonging to another person without permission.
- Value Exceeds $950: The property or services must have a fair market value exceeding $950. There are a few exceptions:
- Agriculture: If the stolen goods were domestic fowls, avocados, or other farm crops, the threshold is just $250. This value is determined by the value of the goods at the time of the theft.
- Aquaculture: Theft of fish, shellfish, mollusks, and other aquacultural products from a commercial or research operation have a similarly low threshold of $250.
- Intent to Permanently Deprive: The defendant must have intended to keep the property or prevent the owner from using it for an extended period.
- Specific Circumstances: Certain cases, like theft from an employer over time or theft involving an overall plan, require additional proof, such as demonstrating an overarching intent.
Related Charges to Grand Theft
Lesser included offenses to grand theft often involve thefts that do not meet the thresholds established under California Penal Code Section 487. The primary lesser offense is petty theft, governed by California Penal Code Section 488, which applies to thefts of property valued at $950 or less.
Other related lesser offenses include:
- Shoplifting under California Penal Code Section 459.5, which applies when theft occurs during regular business hours and involves property valued at $950 or less.
- Embezzlement under California Penal Code Section 503, which may be a lesser offense depending on the value and circumstances of the theft.
In some cases, a charge of grand theft may be reduced to petty theft during plea negotiations or as part of a defense strategy if the prosecution cannot prove the value of the property or other key elements of grand theft.
Penalties for Grand Theft in California
The penalties for grand theft in California vary depending on whether the crime is charged as a misdemeanor or a felony. Misdemeanor grand theft, governed by Penal Code Section 489(c), may result in up to one year in county jail, fines up to $1,000, and the possibility of victim restitution.
Felony grand theft carries much harsher consequences, including imprisonment for 16 months, 2 years, or 3 years in state prison as outlined in Penal Code Section 489(a). In addition to imprisonment, fines for felony grand theft can reach up to $10,000 depending on the circumstances.
Robbery Versus Grand Theft
Robbery and grand theft are distinct crimes under California law, despite both involving the taking of property. Robbery specifically requires force or fear to take property directly from someone, making it a more serious offense. Even attempted robbery carries severe penalties, especially if weapons are involved or if victims are injured. In contrast, grand theft does not involve force.
Can You Get Probation or Avoid Jail for Grand Theft?
Yes, defendants convicted of grand theft may qualify for probation or alternative sentencing under certain circumstances. Probation is often granted in misdemeanor cases or for first-time offenders facing felony charges. Conditions of probation may include:
- Restitution to the victim.
- Community service or participation in diversion programs.
- Regular check-ins with a probation officer.
Under California Penal Code Section 1203.1, judges can impose probation in lieu of jail time for eligible offenders. Additionally, defendants may qualify for alternative programs like work furlough or electronic monitoring.
In some cases, plea agreements negotiated by an experienced defense attorney can help reduce charges or secure probation instead of incarceration.
Additional Resources
California Penal Code Section 487: Grand Theft
This page provides the full text of California Penal Code Section 487, detailing the legal definition of grand theft. It explains the thresholds for grand theft based on property value, specific items such as firearms and automobiles, and theft under special circumstances.
File a Police Report – City of San Diego
This page outlines how to file a police report with the San Diego Police Department. It includes information on crimes eligible for online reporting, the process for filing, and follow-up steps after submission. Readers can learn about other reporting methods, such as calling the non-emergency line or visiting a police station, and find tips for providing thorough and accurate details.
Governor Newsom Signs Legislative Package Cracking Down on Retail Crime
This official announcement details a series of new California laws signed by Governor Newsom aimed at addressing retail crime and property theft. The page explains the legislation’s goals, including stricter penalties for offenders, enhanced enforcement measures, and tools for prosecutors. It also provides an overview of how these laws aim to protect businesses and communities from organized theft.
Vehicle Theft and Break-Ins – City of San Diego
This page provides information about preventing vehicle theft and break-ins in San Diego. It outlines steps to report stolen vehicles or break-ins, details the recovery process for stolen cars, and offers tips for reducing the likelihood of theft. Readers can also find contact information for reporting crimes and resolving issues related to impounded vehicles.
Hire an Attorney for Grand Theft Charges in San Diego County, CA
If you have been charged with grand theft after stealing, or being false accused of stealing, some good or service, then you must contact an experienced theft defense lawyer as soon as possible.
The experienced defense attorneys at The Law Offices of Michael E. Cindrich are ready to begin building your defense. Attorney Michael Cindrich has decades of experience protecting people’s rights. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, El Cajon, and of course San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.