Grand Theft (PC 487) FAQ

Grand theft under California Penal Code Section 487 is the unlawful taking of property exceeding $950 in value, or the theft of specific types of property regardless of value, including automobiles, firearms, and certain agricultural products. Unlike petty theft, which is always a misdemeanor, grand theft can be charged as either a felony or a misdemeanor, making it what's known as a "wobbler" offense. The prosecution has discretion in deciding how to charge the offense, and judges retain the power to reduce felony charges to misdemeanors at sentencing or upon successful completion of probation.

The statute encompasses various methods of theft, including larceny (taking and carrying away), embezzlement (fraudulent appropriation by someone in a position of trust), and obtaining property through false pretenses or fraud. Grand theft represents a more serious category of theft than petty theft due to the higher value of property involved or the special nature of certain types of property like vehicles and firearms.

The classification as grand theft triggers more serious potential penalties, including possible felony conviction with attendant consequences such as loss of voting rights, firearm ownership rights, and professional licensing issues. However, since it's a wobbler, defendants may be able to negotiate for misdemeanor treatment, especially for first-time offenses or cases involving mitigating factors.

The critical value threshold separating petty theft from grand theft is $950. Any theft of property exceeding $950 in value constitutes grand theft under PC 487(a), while theft of property valued at $950 or less is classified as petty theft under PC 488. This threshold was established by Proposition 47 in November 2014, which significantly increased it from the previous threshold of $400 for most property and $450 for certain agricultural products.

The value is determined by the fair market value of the property at the time and place of the theft. Courts consider various factors in determining value, including replacement cost, original purchase price depreciated for age and condition, comparable sales data, expert appraisals for specialized items, and credible testimony from owners or merchants regarding value. The prosecution bears the burden of proving the value exceeded $950 beyond a reasonable doubt.

However, certain types of property are categorically treated as grand theft regardless of their actual monetary value. These include motor vehicles of any value under PC 487(d)(1), firearms of any value under PC 487(d)(2), horses, and certain agricultural products taken directly from the land valued over $250 under PC 487(b). This means stealing a used car worth only $500 still constitutes grand theft, not petty theft. When multiple items are stolen in a single episode or as part of a continuous course of conduct, their aggregate value determines whether the offense is petty or grand theft.

Grand theft is classified as a "wobbler" offense in California, meaning it can be charged and punished as either a felony or a misdemeanor at the prosecutor's discretion. Several factors influence this charging decision, including the value of property stolen (thefts significantly exceeding $950 are more likely to be charged as felonies), the defendant's criminal history (prior theft convictions or other criminal record favor felony charges), the sophistication or planning involved in the theft, whether the theft was from a vulnerable victim, and the defendant's acceptance of responsibility.

As a misdemeanor, grand theft carries a maximum sentence of up to one year in county jail and/or a fine up to $1,000. As a felony, it carries 16 months, two years, or three years in county jail (under California's realignment legislation, this time is served in county jail rather than state prison) and/or fines up to $10,000. The felony designation also carries significant collateral consequences, including loss of gun ownership rights, difficulty obtaining professional licenses, immigration consequences for non-citizens, and the conviction counting as a strike in some circumstances.

Importantly, even if grand theft is initially charged as a felony, the offense can be reduced to a misdemeanor at various stages. The prosecutor may agree to amend the charges to a misdemeanor as part of a plea agreement. Under PC 17(b), the judge can reduce the offense to a misdemeanor at sentencing if the defendant is granted probation, or after successful completion of probation. This reduction eliminates many of the negative consequences associated with felony convictions and makes the defendant eligible for expungement under PC 1203.4.

California law recognizes several categories and degrees of grand theft with distinct elements and potential penalties. Grand theft in the first degree under PC 487 is the general category involving theft of property exceeding $950 in value, theft of automobiles regardless of value, theft of firearms regardless of value, and theft of certain agricultural products over specified values. This is the most common form of grand theft and is classified as a wobbler.

Grand theft of a firearm under PC 487(d)(2) is specifically designated as always a felony, never reducible to a misdemeanor. It carries 16 months, two years, or three years in county jail. This reflects California's policy of treating firearm-related offenses more seriously due to public safety concerns.

Grand theft from the person under PC 487(c) involves taking property directly from another person's body, clothing, or immediate physical possession, similar to pickpocketing. While still a wobbler, this type typically results in felony charges due to the personal nature of the violation and potential for confrontation. The proximity to the victim distinguishes it from ordinary grand theft where property might be taken from a vehicle or business.

Grand theft by embezzlement involves fraudulent appropriation of property by someone in a position of trust or fiduciary relationship with the owner. This often involves employees, business partners, trustees, or agents who had lawful possession initially but converted the property to their own use. The breach of trust aspect can influence charging decisions and sentencing. These various degrees affect whether the offense can be reduced to a misdemeanor, the severity of potential sentences, and the strategic considerations in defending the case.

Penalties for grand theft vary significantly based on whether the offense is charged and sentenced as a felony or misdemeanor. For misdemeanor grand theft, the maximum penalty is up to one year in county jail and/or a fine of up to $1,000. Many first-time offenders receive summary (informal) probation instead of jail time, with conditions such as restitution, community service, theft education classes, and staying out of legal trouble.

For felony grand theft, the standard sentence is 16 months, two years, or three years in county jail under California's realignment legislation (PC 1170(h)). This jail time is served in county jail rather than state prison. The court may also impose fines up to $10,000, formal probation (supervised probation) typically lasting three to five years, restitution to the victim for the full value of stolen property plus any associated damages or losses, community service hours, completion of theft prevention or impulse control programs, and counseling if substance abuse or mental health issues contributed to the offense.

Enhanced penalties apply in several circumstances. Grand theft of a firearm is always a felony with 16 months to three years in jail and no possibility of reduction to a misdemeanor. PC 666.5 provides enhanced penalties of two, three, or four years in jail for defendants with two or more prior convictions for vehicle theft or grand theft auto. High-value theft enhancements under PC 12022.6 add additional consecutive years based on the amount stolen. Prior serious or violent felony convictions can result in doubled sentences under the Three Strikes Law. Multiple counts of theft can result in consecutive sentences. These various penalty provisions mean that while basic grand theft might result in probation for a first offender, repeat offenders or those involved in high-value or aggravated thefts can face substantial prison time.

Several sentencing enhancements can significantly increase penalties for grand theft beyond the base sentence. PC 12022.6 provides enhancements based on the value of property taken, adding consecutive time to the base sentence: one additional year if the value of property taken exceeds $65,000, two additional years if it exceeds $200,000, three additional years if it exceeds $1,300,000, and four additional years if it exceeds $3,200,000. These enhancements apply to the taking of property and stack on top of the underlying grand theft sentence.

PC 186.11, California's aggravated white collar crime enhancement, adds two, three, or five additional years when theft is committed as part of a pattern of related felony conduct and the pattern involves fraud or embezzlement of at least $100,000. If the loss exceeds $500,000, an additional five years can be added. This enhancement specifically targets sophisticated theft schemes involving ongoing fraudulent activity.

Prior conviction enhancements can dramatically increase sentences. Under the Three Strikes Law, prior serious or violent felony convictions can double the sentence for a current grand theft conviction (second strike) or result in 25 years to life for a third strike. PC 666.5 specifically enhances penalties for defendants with two or more prior convictions for vehicle theft, grand theft auto, or unlawful driving or taking of a vehicle, increasing the sentence to two, three, or four years in jail.

Additional enhancements may apply for theft during declared emergencies or disasters under PC 454, thefts from elderly or dependent adults under PC 368, and participation in organized retail theft rings. Gang enhancements under PC 186.22 can add two to ten years if the theft was committed for the benefit of a criminal street gang. These various enhancements can transform what might otherwise be a probation-eligible offense into a case involving substantial prison time, making early consultation with experienced defense counsel critical.

Grand theft, robbery, and burglary are distinct property crimes with important legal differences in elements, severity, and consequences. Grand theft under PC 487 is the unlawful taking of property valued over $950 (or specified property types) without the owner's consent but without using force, fear, or unlawful entry. It focuses primarily on the value or type of property taken and the intent to permanently deprive the owner. Grand theft is a wobbler that can be charged as a felony or misdemeanor.

Robbery under PC 211 is theft accomplished through force or fear against a person in the victim's immediate presence. The use or threat of force elevates theft to robbery, making it a far more serious offense. Robbery is always a felony, never reducible to a misdemeanor, and carries substantially harsher penalties: two, three, or five years in state prison for second-degree robbery, and three, four, or six years for first-degree robbery (which includes robberies of inhabited dwellings, ATM users, and drivers/passengers of vehicles for hire). Robbery is classified as a violent felony and counts as a strike under the Three Strikes Law, making it far more serious than grand theft.

Burglary under PC 459 involves entering any structure (building, room, apartment, vehicle, etc.) with the intent to commit theft or any felony inside. Crucially, burglary is complete upon entry with the requisite intent—no property actually needs to be taken. First-degree burglary (residential burglary) is always a felony, carries two, four, or six years in state prison, and counts as a strike. Second-degree burglary (commercial burglary) is a wobbler. After Proposition 47, entering a commercial establishment during business hours with intent to commit theft where the value doesn't exceed $950 is charged as shoplifting under PC 459.5, a misdemeanor, rather than burglary.

The key distinctions are that grand theft lacks the force/fear element of robbery and the unlawful entry element of burglary. A single criminal act might potentially be charged under multiple statutes depending on the circumstances—for example, breaking into a house and stealing property could be charged as both burglary and grand theft, though typically prosecutors would charge the more serious burglary offense.

Grand theft auto (GTA) is the theft of an automobile or motor vehicle, prosecuted under PC 487(d)(1). Uniquely, any theft of a motor vehicle constitutes grand theft regardless of the vehicle's value. This means stealing a vehicle worth only $500—which would be petty theft if it were any other type of property—is still charged as grand theft auto because of the categorical nature of vehicle theft statutes. Motor vehicles include cars, trucks, motorcycles, motorhomes, and other self-propelled vehicles.

Prosecutors frequently charge grand theft auto alongside Vehicle Code Section 10851, which prohibits unlawful driving or taking of a vehicle. VC 10851 is broader and covers both permanent theft and temporary taking (joyriding) without the owner's consent. While GTA requires intent to permanently deprive the owner, VC 10851 only requires driving or taking without permission. Because proving permanent deprivation intent can be challenging, prosecutors often charge both offenses and let the evidence determine which better fits the defendant's conduct.

Grand theft auto is a wobbler offense, meaning it can be charged as either a felony or misdemeanor. As a misdemeanor, it carries up to one year in county jail. As a felony, it carries 16 months, two years, or three years in county jail. Factors influencing charging decisions include the defendant's criminal history, whether the vehicle was damaged or stripped for parts, the value of the vehicle, whether false documents or sophisticated techniques were used, and whether the theft was part of an organized auto theft ring.

Enhanced penalties apply under PC 666.5 for defendants with two or more prior convictions for vehicle theft, GTA, or VC 10851 violations, increasing the sentence to two, three, or four years in jail. Additionally, if force or fear is used to take a vehicle directly from someone's person or immediate presence, the conduct constitutes carjacking under PC 215, which is always a felony carrying three, five, or nine years in state prison and counts as a strike. Modern auto theft prosecutions increasingly focus on organized theft rings, chop shops, and VIN fraud operations, which can result in multiple counts and federal charges.

Several legal defenses can be raised against grand theft charges, depending on the specific facts and circumstances. Claim of right is a complete defense under California law if the defendant honestly believed they had a right to the property taken, even if that belief was mistaken or unreasonable. This defense negates the intent to steal because the defendant believed they were entitled to the property. For example, taking property in a good faith dispute over ownership or in satisfaction of a debt the defendant believed was owed can support this defense.

Lack of intent to permanently deprive the owner is another critical defense. Grand theft requires specific intent to permanently deprive the owner of the property. If the defendant intended only to borrow the property temporarily and return it, this negates the theft element. This defense is particularly relevant in vehicle theft cases where the defendant may argue they only intended to use the car briefly (though this might still result in VC 10851 charges for joyriding).

Owner's consent eliminates the unlawful taking element—if the owner gave permission to take or use the property, there's no theft. Insufficient evidence to prove value is a powerful defense when the prosecution cannot establish beyond reasonable doubt that the property's value exceeded $950. Defense attorneys may present alternative valuations, challenge the prosecution's appraisal methods, or argue that the property's actual value (considering condition, age, market factors) was below the grand theft threshold, which could result in reduction to petty theft.

Mistaken identity defenses arise when the prosecution relies on witness identification, surveillance footage, or circumstantial evidence linking the defendant to the theft. False accusations can stem from misunderstandings, personal disputes, or malicious intent. Entrapment occurs when law enforcement or their agents induce someone to commit a crime they weren't otherwise predisposed to commit. Fourth Amendment violations—illegal searches, seizures, or interrogations—can result in suppression of evidence, potentially destroying the prosecution's case. Finally, return of property before charges are filed, while not a complete defense, may support negotiations for reduced charges, diversion programs, or civil compromise in misdemeanor cases.

Yes, grand theft charges can frequently be reduced or dismissed through various legal mechanisms and negotiation strategies. Felony grand theft can be reduced to misdemeanor grand theft under PC 17(b) if the defendant is granted probation or after successful completion of probation. The judge has discretion to reduce the offense if justice would be served by misdemeanor treatment. Factors supporting reduction include first-time offense, relatively low value of property taken, full restitution made, defendant's acceptance of responsibility and remorse, successful completion of probation terms, and minimal criminal history.

Grand theft charges can potentially be reduced to petty theft if the prosecution cannot prove beyond reasonable doubt that the property value exceeded $950. Defense attorneys may challenge the prosecution's valuation evidence through expert testimony, comparable sales data, or evidence of the property's actual condition and depreciation. If successful, this reduction significantly decreases potential penalties and eliminates felony consequences.

Pretrial diversion programs under PC 1001.50 may be available in some counties for first-time offenders, allowing for case dismissal upon successful completion of counseling, classes, restitution, and community service. While Proposition 47 eliminated many traditional diversion programs for theft offenses, some jurisdictions maintain local programs. Civil compromise under PC 1377-1379 allows dismissal of misdemeanor theft charges (including misdemeanor grand theft) if the victim acknowledges being compensated for their loss and signs a declaration before the court stating they don't wish prosecution to continue.

Deferred entry of judgment programs, though more limited after criminal justice reforms, may still be available in certain jurisdictions or circumstances. Plea bargaining is perhaps the most common mechanism for charge reduction—prosecutors may agree to reduce or dismiss charges in exchange for a guilty plea to lesser offenses, especially when there are evidentiary weaknesses, constitutional issues, or mitigating circumstances. Additionally, charges may be dismissed outright for constitutional violations (illegal search and seizure, Miranda violations, due process violations), insufficient evidence at preliminary hearing, speedy trial violations, or prosecutorial misconduct. Early intervention by an experienced criminal defense attorney dramatically increases the likelihood of achieving favorable outcomes through these various mechanisms.