San Diego Criminal Defense Lawyer Explains California Grand Theft Laws
Grand Theft at first blush appears to be a pretty straight forward charge. Did you or did you not steal? However, the nuances involved are more complicated.
What is Grand Theft?
There are many reasons why a person can be charged with Grand Theft in California. However, these are the five most commons reasons:
- The value of the property taken exceeds $950.
- The property stolen is taken while someone else is holding it (called Grand Theft Person, Penal Code 487(c))
- The property taken is a firearm (called Grand Theft Firearm, Penal Code 487(d)(2))
- The property taken is an automobile (called Grand Theft Auto, Penal Code 487(d)(1))
- You use the labor or services of another, valued at over $950, without paying for it (Penal Code 487(a)).
How is the value of the property or services determined?
The value of the property or services is determined by its “fair market value”, which is defined as the highest price the property would reasonably have been sold for in the open market at the time of, and in the general location of, the theft, assuming neither the seller nor the buyer in the sale had an urgent need to buy or sell.
If the prosecutor cannot prove the value of the property or services exceeded $950, then you should be charged with Petty Theft, as opposed to Grand Theft. Note that the replacement value of the property is not used to determine whether you are charged with Grand or Petty Theft.
What is Grand Theft Person?
Grand Theft Person, found in Penal Code 487(c), can be charged any time you steal an item from the person another, no matter how much the item is worth. Here are some examples:
- You take an item from another’s clothes, such as from a pocket
- You take an item on another’s body, such as a hat, keys, cane, shoes, wallet, etc.
- You take an item from a container held by that person, such as something out of a purse or backpack
Theft from a person is Grand Theft regardless of the value of the item taken. Even stealing a pencil from someone’s pocket could be result in Grand Theft charges. Compare this to Robbery (Penal Code 211). Two big differences between Grand Theft Person and Robbery are that Robbery is both a crime of violence and a strike, whereas Grand Theft Person is neither of those two things.
What is Grand Theft Firearm?
Stealing a firearm is Grand Theft Firearm, found in Penal Code 487(d)(2), regardless of the value of the firearm.
What is Grand Theft Auto?
Stealing an automobile is Grand Theft Auto, found in Penal Code 487(d)(1), regardless of the value of the automobile. Compare this with:
- Unlawful Taking or Driving of a Vehicle, also called Joyriding (Vehicle Code 10851)
- Carjacking (Penal Code 215)
- Auto Burglary (Penal Code 459)
How does the prosecutor prove I committed Grand Theft?
There are essentially four theories on which a prosecutor can base her case in order to convict you of Grand Theft. They are:
- Theft by Larceny. Theft by larceny is perhaps the most common means of theft. This is when you actually took physical possession of an item, without the owner’s permission, and intending not to return it to the owner. To commit this crime you must have actually moved the property from location to another, no matter how close or distant. Shoplifting is a classic from of theft by larceny.
- Theft by Trick. Theft by trick involves tricking, or deceiving, an owner into giving you possession of an item when you secretly intend to not return it. The owner essentially lets you borrow something and is duped because you weren’t planning on bringing it back. In this scenario, there has been a transfer of possession of the item, but not ownership of the item.
- Theft by False Pretense. Theft by false pretense occurs when you intentionally defraud the owner of an item in order to persuade him to give you possession and ownership of the item permanently.
- Theft by Embezzlement. Theft by embezzlement occurs when a property owner entrusts the property to you and you use or take the property for your own benefit. The most common examples of theft by embezzlement are an employee who steals from a cash register or a bookkeeper who steals from a client or employer.
How do I defend myself against Grand Theft charges?
Intent to Steal
The prosecutor must always, in every scenario described above, prove that you intended to steal the property or services. That is, the prosecutor must prove that you intended to deprive the owner of the property permanently, or at least for a sufficient amount of time that would deprive the owner a major portion of the value and enjoyment of the property. If you can present evidence that suggests you had no intention of depriving the owner of the property (as opposed to just borrowing it or taking it accidentally), you should be able to prevail in your case.
Consent
Under most theories of theft, the prosecutor must prove that you took the property without the owner’s consent or permission. If you can present evidence that shows otherwise, you should be able to prevail in your case. For example, let’s say a neighbor or girlfriend/boyfriend to allowed you to take their gun to a shooting range. For some reason, you two were never able to schedule a time to return the gun or perhaps you just kept forgetting to bring it back. Maybe the gun owner kept telling you it was no big deal and just to bring it back whenever you’re done with it. If your relationship with that person turns sour for one reason or another, he or she could take revenge by reporting that you stole the gun. In this case, you would have a strong argument that the owner consented to your keeping the firearm, and you should be able to win your case.
Claim of Right
Claim of right applies where you have an actual legal claim to possession and/or ownership of the property you are alleged to have stolen. If you took property because the property belongs to you, you are not guilty of Grand Theft. We see this defense most commonly among close neighbors and friends or spouses. Most of the time police won’t get involved when a person claims that his or her spouse took something of theirs because of California’s community property laws. However, sometimes cops will actually make an arrest.
Mistake
If you did not actually intend to take property not belonging to you, then you are not actually guilty of Grand Theft. On occasion a person is charged with Grand Theft for taking something he thought was his, but turned out belonged to someone else. In this scenario, you have to have persuasive evidence that shows you truly thought the property was yours, and that you did not intend to steal something belonging to someone else. To do this, the context and back-story are extremely important. Why did you think it was yours? Did you think you were taking back something that was taken from you? Did your item of property look identical to the one you took? Can you put the two side by side to demonstrate this? What other evidence do you have that this whole situation was just a big misunderstanding?
Insufficiency of the Evidence
If the prosecutors have insufficient evidence of the crime (such as no witnesses, no incriminating statements, no video surveillance cameras, no dollar amount, no evidence that you ever had in your possession the item alleged to have been stolen, etc.) then they may not be able to convict you of Grand Theft.
Returning Stolen Property
If you originally stole property, it is not a defense that you returned or intended to return the property. This is because you already committed the crime. The law judges what your intent was at the time you took the property, even if you later feel badly about what you did.
What are the consequences of a Grand Theft conviction?
Grand Theft is what we call a “wobbler,” which means it can be charged either as a felony or a misdemeanor. As a felony, the maximum sentence can be up to 16 months, 2 years or 3 years in state prison. As a misdemeanor, the maximum sentence is up to one year in the county jail. (See Penal Code 489 and 1170(h).) You may try to convenience the prosecutors to reduce a Grand Theft charge to a Petty Theft. Grant Theft Firearm, however, can only be charged as a felony, not a misdemeanor, and is a “strike” for the purposes of California’s Three Strikes Law because it is a serious felony. (See Penal Code 1192.7(c)(26).)
Grand Theft is also crime of “moral turpitude”, meaning it is evidence that a person is dishonest and untrustworthy. A Grand Theft conviction will obviously harm one’s chances of keeping or obtaining gainful employment, staying in the United States on as a visa holder or permanent resident or becoming a United States citizen. For all these reasons, you are smart to hire knowledgeable and experienced legal counsel to represent you in your case.
Complete 8 homework assignments to help us win your case. You should also read our ebook Fighting Your Criminal Case: A Serious Response to Serious Charges to help you know exactly what you should look for in a lawyer. You must do everything you can to fight Grand Theft charges. To speak with us today about your case, call attorney Tate R. Lounsbery today at 619-792-1451 or contact us by email.