Grand Theft Charges in California (Penal Code § 487)

Take something valued over $950, and suddenly it’s not just theft, it’s grand theft under Penal Code § 487. That one line can turn a misunderstanding, a disputed ownership claim, or a bad decision into a felony case with real consequences: jail time, a criminal record, and damage to your career or immigration status.

Grand theft charges aren’t always about walking out of a store with high-ticket items. They can come from workplace allegations, personal disputes, or even digital transactions. Before you say a word to law enforcement or try to explain what happened, get a defense team that knows how to shut down assumptions and fight for your future.

What Constitutes Grand Theft Under California Law?

California Penal Code § 487 defines grand theft as theft committed under specific circumstances that elevate it from petty theft to a felony offense. The law recognizes several different scenarios that qualify as grand theft.

Value-Based Grand Theft (PC 487(a))

The most common form of grand theft occurs when the money, labor, real property, or personal property taken exceeds $950 in value.

Agricultural Product Theft (PC 487(b)(1))

Grand theft occurs when the following items are taken with a value exceeding $250:

• Domestic fowls
• Avocados, olives, citrus or deciduous fruits
• Other fruits, vegetables, nuts, artichokes
• Other farm crops

Aquacultural Product Theft (PC 487(b)(2))

This involves taking fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products from commercial or research operations when the value exceeds $250.

Employee Theft (PC 487(b)(3))

When a servant, agent, or employee takes money, labor, real property, or personal property from their principal or employer that aggregates $950 or more over any 12 consecutive month period.

Theft from Person (PC 487(c))

Any property taken directly from another person’s body, regardless of value, constitutes grand theft.

Specific Property Types (PC 487(d))

Certain items are automatically considered grand theft regardless of value:

• Automobiles
• Firearms

Key Elements Prosecutors Must Prove

For a grand theft conviction, prosecutors must establish several specific elements beyond a reasonable doubt:

1. You took possession of property belonging to someone else
2. You took the property without the owner’s consent
3. You intended to deprive the owner of the property permanently or for an extended period
4. You moved the property (even a small distance)
5. The property met the value requirements or fell into a specific category under PC 487

Penalties for Grand Theft in California

Grand theft is charged as a “wobbler” offense in California, meaning it can be prosecuted as either a felony or misdemeanor depending on the circumstances and your criminal history.

Felony Grand Theft

• 16 months, 2 years, or 3 years in state prison
• Fines up to $10,000
• Formal probation
• Restitution to victims

Misdemeanor Grand Theft

• Up to 1 year in county jail
• Fines up to $1,000
• Summary probation
• Restitution to victims

Additional Consequences

• Damage to professional reputation
• Loss of professional licenses
• Employment difficulties
• Immigration consequences for non-citizens
• Civil liability for damages
• Increased penalties for subsequent theft convictions

Legal Defenses to Grand Theft Charges

A skilled criminal defense attorney can employ various strategies to defend against grand theft charges:

Lack of Intent to Steal

If you didn’t intend to permanently deprive the owner of their property, you cannot be convicted of theft. This defense applies when you intended to return the property or had permission to use it.

Good Faith Belief of Right to Property

If you genuinely believed you had a right to the property, this can be a valid defense. This often applies in business disputes or situations involving shared property.

Consent

If the owner gave you permission to take the property, even if that permission was later revoked, this can undermine theft charges.

Insufficient Evidence of Value

For value-based grand theft, prosecutors must prove the property’s worth. Challenging their valuation methods or evidence can reduce charges from grand theft to petty theft.

False Accusations

Grand theft allegations sometimes arise from business disputes, relationship conflicts, or situations where someone has ulterior motives for making accusations.

Constitutional Violations

If law enforcement violated your rights during the investigation or arrest, key evidence might be suppressed:

• Statements made without Miranda warnings
• Evidence obtained through illegal searches
• Improperly obtained confessions

Common Scenarios in Grand Theft Cases

Grand theft charges often arise from situations that may not fit the typical image of theft:

Workplace Disputes

Employees accused of taking company property, using company resources for personal use, or disputes over compensation and expenses.

Business Partnership Conflicts

Partners accused of taking business assets, funds, or property during business dissolutions or disputes.

Financial Transactions Gone Wrong

Situations involving loans, advances, or financial arrangements that later become characterized as theft.

Family and Relationship Disputes

Former spouses, partners, or family members accused of taking shared property or assets.

Mistaken Identity or Miscommunication

Cases where property was taken due to misunderstandings about ownership or permission.

Grand Theft vs. Petty Theft

Understanding the distinction between grand theft and petty theft is crucial:

Grand Theft involves:

• Property value exceeding $950 (or lower thresholds for specific items)
• Specific types of property (cars, firearms)
• Theft from person
• Felony charges with potential prison time

Petty Theft involves:

• Property value of $950 or less
• Misdemeanor charges
• Maximum penalty of 6 months in county jail

The difference in penalties between these charges is significant, making the defense strategy critical.

The Criminal Court Process for Grand Theft Cases

Grand theft cases typically follow this progression:

1. Investigation: May involve financial records review, witness interviews, and property valuation.
2. Arrest and Charging: You may be arrested immediately or after investigation concludes.
3. Arraignment: Your first court appearance where charges are formally presented.
4. Bail Hearing: The judge determines bail based on the severity of charges and your criminal history.
5. Preliminary Hearing: The prosecution must demonstrate sufficient evidence to proceed to trial.
6. Pretrial Motions: Your attorney will file motions to suppress evidence, dismiss charges, or limit testimony.
7. Discovery: Both sides exchange evidence, witness statements, and financial records.
8. Plea Negotiations: Many grand theft cases resolve through plea bargaining to reduced charges.
9. Trial: Grand theft trials often involve testimony about property values, intent, and circumstances of the alleged theft.
10. Sentencing: If convicted, the judge determines your sentence within statutory guidelines.

These cases typically take 6-12 months to resolve, depending on complexity.

What Most People Don’t Know About Grand Theft Cases

There are several important aspects of grand theft cases that many people aren’t aware of:

• Intent matters more than result: You can be charged with grand theft even if you didn’t successfully take the property, as long as you intended to steal it.
• Value can be aggregated: Multiple smaller thefts can be combined to reach the grand theft threshold if they’re part of the same plan or scheme.
• Civil and criminal cases are separate: Even if criminal charges are dismissed, you may still face civil lawsuits for the value of the property.
• Professional consequences vary: The impact on professional licenses depends on your specific profession and licensing board.
• Restitution is often required: Courts typically order defendants to pay back the value of stolen property, even with plea agreements.
• Prior convictions matter: Previous theft convictions can result in enhanced penalties and make felony charges more likely.

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we understand that grand theft allegations often arise from complex business situations, workplace conflicts, or personal disputes that have been mischaracterized by law enforcement. Our approach to defending these charges includes:

• Conducting thorough investigations to uncover the true facts surrounding the alleged theft
• Challenging the prosecution’s evidence regarding property values, intent, and ownership
• Consulting with financial and valuation professionals when needed
• Developing compelling defenses based on consent, good faith belief, or lack of criminal intent
• Negotiating with prosecutors for reduced charges or alternative sentencing when appropriate
• Preparing comprehensive trial defenses when necessary

We recognize that many of our clients are working professionals who’ve never been in trouble before and are facing charges that could destroy their careers. Our goal is to handle the legal complexities while you focus on maintaining your professional responsibilities and supporting your family.

Contact The Nieves Law Firm today for a confidential consultation.

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