PENAL CODE 487 GRAND THEFT

California Penal Code 487 defines grand theft as the unlawful taking of someone else’s property with the intent to permanently deprive them of it. This offense is considered more serious than petty theft, which involves property valued at $950 or less. Grand theft applies when the stolen property is valued over $950 or when the item stolen is a motor vehicle or firearm, regardless of value. This statute covers theft by larceny, false pretenses, trick, and embezzlement.

Grand theft can take several forms:

1. Theft by Larceny: The most straightforward form, involving physically taking someone else’s property without permission, with the intent to permanently deprive them of it.
2. Theft by False Pretenses: Occurs when an individual deceives another by making false statements to persuade them to part with their property.
3. Theft by Trick: Involves using deceit or fraud to acquire possession of someone’s property without their intent to transfer ownership.
4. Embezzlement: When someone misappropriates property that has been entrusted to them, often in a fiduciary or employment context.

Grand theft is classified as a “wobbler,” meaning it can be charged either as a misdemeanor or a felony. The severity of the charge depends on various factors, including the value of the stolen property and the defendant’s criminal history:

1. Misdemeanor Grand Theft: Punishable by up to one year in county jail.
2. Felony Grand Theft: Punishable by 16 months, 2 years, or 3 years in state prison.

If the theft involves a firearm, it is always charged as a felony.

In addition to jail or prison time, individuals convicted of grand theft may face:

• Fines up to $10,000
• Restitution to the victim to cover the stolen property’s value
• Probation, which may involve check-ins with a probation officer and community service

Several defenses can be used to challenge grand theft charges:

For a conviction, prosecutors must prove that the defendant had the intent to steal. If the theft was accidental or a misunderstanding, the defendant may argue a lack of intent.

If the defendant had a legitimate claim to the stolen property, they may defend themselves under a “claim of right” defense, which asserts that the property rightfully belonged to them.

False accusations and mistaken identity are common defenses. A defendant can argue that they were wrongfully identified as the thief.

If the prosecution fails to present enough evidence to prove guilt beyond a reasonable doubt, the defendant may be acquitted.

If you’re accused of grand theft, it’s crucial to act quickly:

The first step is to consult a criminal defense attorney who specializes in grand theft cases. DCD LAW’s experienced lawyers can provide guidance and create a defense strategy tailored to your case.

Gathering evidence is vital to defending your case. This includes collecting video footage, photographs, or witness statements that support your version of events.

Never speak to law enforcement without the presence of an attorney. Anything you say can be used against you in court, so it’s important to have legal representation to protect your rights.

Ensure you attend all court hearings and follow the judge’s instructions. Missing court dates can complicate your case and result in additional charges.

At DCD LAW, our attorneys specialize in defending clients against grand theft charges. With years of experience in California criminal law, we have the expertise to handle complex theft cases effectively.

We have a proven track record of securing favorable outcomes for clients in Los Angeles. Whether through case dismissal, reduced charges, or acquittal, we strive to achieve the best results for our clients.

We understand that each case is unique, so we develop a personalized defense strategy based on the specifics of your situation. Our goal is to ensure that you receive a fair trial and the best possible outcome.