GRAND THEFT

Grand Theft charges in California are serious. A conviction for Grand Theft can carry a substantial county jail or prison sentence. Grand Theft charges can also adversely affect your future employment, state license, and other benefits.

The criminal defense attorneys at Stephen G. Rodriguez & Associates have successfully helped their clients avoid the worst consequences. Call us before you talk to your employer or alleged victim to see if we can effectively negotiate a civil settlement before charges are filed against you!

Grand Theft Law
“Grand Theft” is defined in California Penal Code section 487 as the unlawful taking and carrying away of the property of another valued at over $400. Property valued at less than $400 would be charged as a misdemeanor, commonly known as Petty Theft (Penal Code section 484). The distinction between Petty Theft and Grand Theft is important, since the former is a misdemeanor and the latter a felony. Grand Theft also applies to the stealing of certain types of property even if the value is less than $400.

Grand Theft is committed in the following cases:

1. When the money, labor, or real or personal property taken is of a value exceeding $400 - Penal Code 487(a);
   
2. When domestic fowls, avocados, olives, citrus or deciduous fruit, nuts, artichokes, or other farm crops are taken with a value over $100
   Penal Code 487(b)(2);
   
3. When the money, labor, real or personal property is taken by a servant, agent, or employee from his or her employer and aggregates $400 or more in any 12 month consecutive month period - Penal Code 487(b)(3);
   
4. When the property taken is from the person of another (example- pickpocket.-Penal Code 487(c);
   
5. When the property taken (regardless of value) is one of the following Penal Code 487(d):
   • Automobile
   • Firearm
   • Horse, mare, or gelding
   • Bovine animal (cow)
   • Caprine animal (goat)
   • Mule, jack, or jenny (burro or ass)
   • Sheep or lamb
   • Hog, boar, sow, pig, or barrow
     
6. An animal carcass (PC 487a);
   
7. Stealing personal property (by severance from the realty of another) from real estate (conversion of real property) - PC 487b;
   
8. Theft of gold dust, amalgam, or quicksilver-PC 487d;
   
9. Theft of dogs ($ 400 or more value)-PC 487e;
   
10. Theft of dogs for research, slaughter, sale or commercial use. PC 487g;
    
11. Theft of cargo (goods, wares, products, or manufactured merchandise that has been loaded into a trailer, railcar, or cargo container) - PC 487h;
    
12. Theft of trade secrets - PC 499c;
    
13. Theft of aircraft - PC 499d.

According to California Grand Theft Law, a grand theft can be accomplished by means of:

• Larceny. Larceny is taking and carrying away personal property of another with the intent of permanently depriving that person of the property (most commonly known as “stealing”).
• False Pretenses. False Pretenses is taking title and possession of property of another by making false representations.
• Trick or Device (Larceny by Trick or Device). Larceny by Trick or Device is taking possession (not title) of another’s property by the use of deceit.
• Embezzlement. Embezzlement is the unlawful taking (conversion) of another’s property that is in the possession of the defendant. This most commonly occurs in employment situations when an employee takes money in his/her possession) from an employer.

Grand theft charges can be filed even if the defendant’s profit from the stolen goods was less than $400. According to the theft laws, the determination between filing grand theft charges and petty theft charges depends on the reasonable and fair market value of the property taken. The market value is usually determined as of the time of the taking. When there is uncertainty as to the market value then “replacement value” may be used to establish a value. For theft from retail stores (shoplifting) the value of the property is usually the retail value of the item taken or market value plus tax.

What the Prosecutor Has To Prove
For Grand Theft, the prosecution has to prove that the defendant intended to permanently deprive a person of his/her property in addition to:

• The defendant took and carried away the property of another without consent of the owner (Grand Theft Larceny Conviction), or
• The defendant obtained title & possession of another’s property through false pretenses and lies (Grand Theft by False Pretenses Conviction), or
• The defendant took possession of another’s property by deceit (Larceny by Trick Conviction), or
• Property was entrusted to the defendant and that the defendant used that property for his/her benefit (Embezzlement Conviction).

The prosecutor can charge multiple counts of Grand Theft—one for each distinct theft that occurred or the prosecutor can charge one count of grand theft if the multiple thefts were all part of a common plan or scheme (e.g., in an embezzlement or ponzi scheme, the prosecutor can charge one count of grand theft, instead of a separate count for each time the defendant took money.) The downside to charging multiple counts of grand theft is the accumulation of multiple sentences—in other words the defendant is exposed to more jail or prison time.

Penalties and Punishments for Grand Theft
In California, Grand Theft is a “wobbler.” A wobbler is a criminal offense that can be charged or classified as a misdemeanor or a felony. The prosecutor has the discretion to file grand theft charges as either misdemeanors or felonies. That decision usually depends on the circumstances of your case and your prior criminal history. A misdemeanor grand theft carries a maximum of 1 year in county jail along with restitution, court fines, and usually three years of informal probation. A felony grand theft conviction carries a sentence of 16 months to three years in a California State Prison. More time is added to your state prison sentence if the amount of the property or money taken exceeds $65,000 - one to four years can be added to your sentence. In Los Angeles County, prosecutors and judges may be more lenient at sentencing time if there is significant restitution (e.g., paying the victim for the losses or giving back the stolen property).

Defenses
There are a number of defenses to Grand Theft charges. A skilled criminal defense lawyer may assert any of the following, depending on the circumstances:

1. Consent – When a person consents to the taking of his or her property, it is not theft.
   
2. Property – If what as stolen does not constitute or is not identifiable as property it is not theft.
   
3. Lack of Intent – If the defendant did not intend to permanently deprive the victim of his/her property it is not theft. (Note: Intent to repay or return property is not a defense to theft charges if the intent is formed after the defendant takes the property.)
   
4. Claim of Right – If the property stolen by the defendant belonged to the defendant, it is not theft. The claim of right defense is available if the defendant can claim true ownership of the property and that he/she was just trying to reclaim it. The defendant must have a reasonable belief that he/she is the true owner of the property.

Los Angeles Grand Theft Defense Attorneys
The criminal defense attorneys at Stephen G. Rodriguez & Associates have helped hundreds of clients with their theft charges. We can help you aggressively fight your grand theft charges and avoid the harsh consequences of a felony on your record and jail time. Call us to set up a free confidential consultation to evaluate your case and advise you of your legal options before you go to court.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173