California’s laws define theft as the offense of taking property from another person without his/her consent and permanently depriving the owner of the property’s value and enjoyment. The classification of theft mainly depends on the value of the stolen goods and a defendant’s criminal history. The highest level of theft is grand theft, where the victim suffers a loss of $950 or more. If you face charges for grand theft in Santa Ana, we invite you to contact the California Criminal Lawyer Group. Our skilled criminal defense attorneys will evaluate your case, find the best defense strategies, and ensure you have maximum chances of enjoying a favorable outcome.

Penal Code Section 487 creates a clear distinction between grand theft and other theft crimes such as shoplifting, petty theft, or receiving stolen property. Grand theft involves depriving the victim of personal property, real property, money, or labor worth $950 or more. Theft can be perpetrated through false pretense, embezzlement, or larceny, and the method used will determine whether a defendant will face other charges simultaneously.

Grand Theft Defined

The laws defining theft crimes are complicated, and it is always best to seek personalized legal aid from a skilled criminal defense attorney.

Under Penal Code 487, grand theft is defined as:

  • Stealing property, money, or labor whose value is $950 or more
  • Property, cash, or labor stolen from an employer by an employee in over 12 months that is worth $950 or more
  • Stealing agricultural or oceanic products from a research facility that are worth $250 or more
  • Stealing farm products like crops or domestic animals worth $250 or more
  • Taking a firearm, car, or farm animal from another person’s property, irrespective of the value of the stolen goods

Types of Grand Theft and Their Elements

There are various methods a defendant can use to commit grand theft. The methods employed will play a leading role in dictating the elements the prosecution must prove beyond a reasonable doubt and the punishment the court will impose.

Grand Theft by Larceny

Larceny is a type of stealing where the stolen goods are the tangible property of another person that can be possessed and carried away.

The elements of grand larceny are as follows:

  • The accused took someone else’s property
  • The defendant did not have the consent/permission of the property’s owner
  • The accused intended to deprive the victim of his/her property permanently or long enough to deprive them of a significant fraction of the property’s value or enjoyment.
  • The defendant moved the stolen property and kept it

The fourth element talks about moving and keeping the stolen property. Note that you can be convicted of grand theft by larceny irrespective of the distance you move stolen property or the duration you remain in possession of the property.

Grand Theft by Embezzlement

Penal Code 503 describes embezzlement as the fraudulent or unlawful appropriation of property or funds entrusted to you by another person. The elements of this crime are as follows:

  • The victim entrusted you with his/her money or property to keep or maintain
  • The defendant fraudulently appropriated the money or funds for personal gain
  • The accused intended to deprive the victim of the use or benefit of his/her property or money permanently or temporarily

In embezzlement cases, the three main elements the prosecution must prove are as follows:

  • The element of trust — The relationship of trust between the accused and the alleged victim
  • The element of fraud — The use of tricks or cover-ups to use money or property for undeserved benefits that result in damages or losses to the victim
  • The element of intent to deprive the owner of the use or benefit of property — The prosecution can prove intent in several ways, including showing that you deposited the entrusted funds into your personal account.

In embezzlement cases, the prosecution imposes grand theft by embezzlement charges if the value of property or funds embezzled within 12 months amounts to $950 or more.

Grand Theft by False Pretense

Theft by false pretenses is prohibited under Penal Code 532. The statute defines the crime as defrauding another person of his/her money or property by convincing them with a story, claim, or promise that is not true. The victim believes the false tales and voluntarily gives up his/her property. If the property stolen through false pretenses is worth $950 or more, the defendant will face grand theft charges and penalties.

Penal Code 532 elements are as follows:

  • The defendant intentionally and knowingly deceived the victim using a falsified story, claim, or promise
  • The actions of the accused were aimed at persuading the victim to give their property voluntarily
  • The victim believed the false story, claim or promise and voluntarily gave the possession or ownership of their property.

There are strict requirements set by the law that govern cases of grand theft by false pretense. These requirements protect innocent people from facing charges because an alleged victim opted to back out from a legit business deal when it was too late.

Generally, you can commit grand theft by false pretense by giving falsified claims or promises. It is also possible to deceive someone by failing to provide important information that you are obligated to provide before signing a deal. The crime happens when the victim relies on your lies or the omitted information to hand over their property.

When building a case against a defendant, the prosecution must prove that the false pretense is one of the main reasons a victim handed over his/her property. Evidence requirements must be met to prove that the defendant is guilty of theft by false pretense beyond a reasonable doubt.

Some of the items that must be presented as evidence include writing or documents with false information given to the victim by the perpetrator. Alternatively, the alleged victim must present testimonies from two witnesses or one witness coupled with another form of evidence.

Grand Theft by Trick

Penal Code 484 describes grand theft by trickery as the crime of gaining possession of someone else’s property using false stories, claims, or promises. The main difference between this crime and grand theft by false pretense is that the latter involves the defendant obtaining possession and ownership of an alleged victim’s property.

For you to be convicted, the prosecution must prove the following is true beyond a reasonable doubt:

  • The accused obtained property owned by the victim
  • The victim willfully handed over the possession of their property based on deceitful information, claims, or promises
  • The defendant aimed at depriving the victim of their property for an extended period, therefore depriving its owner of a significant fraction of the value and enjoyment of their property
  • The accused possessed the victim’s property and kept it for some time (however brief)
  • The victim had no intention of transferring their property ownership rights to the defendant.

Grand Theft vs. Petty Theft

The general legal definition of theft is the taking of someone else’s property without their consent and with the intention of depriving them of its use. The value of the stolen property or money plays a significant role in drawing the line between the two main classifications of theft.

Grand theft is when the value of the stolen property is $950 or more. If it is lesser than $950, you are likely to face petty theft charges. It is crucial to note that certain exceptions could leave you facing grand theft charges, irrespective of the value of the stolen property.

Under Proposition 47, which was passed in November of 2014, an accused can face grand theft charges if the stolen property is a firearm, car, or farm animals like sheep, horse, or pig. The exact charges apply if the property is stolen off the victim’s immediate presence, like their clothing or something they are holding.

Another aspect that draws the line between petty theft and grand theft is the defendant’s criminal history. Persons with a prior felony conviction face grand theft charges, irrespective of the value of the stolen property.

Moreover, you can still face grand theft charges even if you steal money or property in small amounts. When accused of multiple counts of theft, this does not necessarily mean that you will face multiple convictions and sentences for each count. As long as the theft incidents were part of one scheme or plan, the prosecution will calculate the total money stolen. If the overall value of the money or property stolen within a year exceeds $950, you will face charges for one count of grand theft.

Penalties for Violating Penal Code 487

Grand theft is often charged as a wobbler offense. The prosecutor will take the facts of a case into account and a defendant’s criminal history before deciding whether to impose felony or misdemeanor charges. However, grand theft is always a felony when the property involved is a firearm.

If convicted of a misdemeanor, the punishment will include:

  • Imprisonment in county jail for up to 1 year

A felony grand theft conviction is punishable by:

  • A jail sentence of up to 3 years in county prison

Also, grand theft can be subject to sentence enhancements, especially when the victim suffers a high financial loss. Sentence enhancements are added to the penalty and run consecutively with a defendant’s sentence.

The exceptional circumstances that attract sentence enhancements are as follows:

  • An additional 1-year sentence if the stolen property’s value exceeds $65,000
  • An extra two years in jail when the stolen property’s value is more than $200,000
  • Three more years in prison when the stolen property’s value exceeds $1, 200,000
  • An additional four years imprisonment for stolen property worth $3,200,000, or more

Best Defenses To Fight Grand Theft Charges

Fighting grand theft charges is challenging, and it is in your best interests to have a competent attorney in your corner. The expert will study your case's facts in detail and evaluate the prosecution’s case. This makes it easier to determine the best defenses that can yield the best outcome. It remains imperative to understand that the ideal defense strategy will highly depend on the unique circumstances of your case.

Let’s look at the most common defenses to fight grand theft charges:

No Motive or Intent to Steal

Making a mistake is not enough to have you convicted of grand theft. One of the main elements the prosecution must prove beyond a reasonable doubt is that you had the “intent” to deprive your victim of their property permanently or temporarily.

One of the common scenarios where a mistake can lead to grand theft charges is if you slide on a diamond ring at the jewelry store and continue browsing through other pieces. Simply because you stepped out of the store without paying for the ring does not make you a thief. It could be that you innocently forgot you wore the ring because you were absent-minded. It could also be that you would have turned back to return the ring as soon as you noticed you still had it on your finger.

Again, the above defense can only make sense in specific scenarios. For instance, you cannot claim you lacked intent if you kept the ring for several days.

False Accusations

Sometimes, people find themselves fighting grand theft charges unexpectedly. It could be that you closed a business deal with the alleged victim, but they changed their mind about a transaction and claimed to be victims of theft. It could also be that someone framed you in an embezzlement case.

A skilled attorney can conduct investigations to help unveil the truth. Any evidence such as a track record of an alleged victim backing out of legit deals, for instance, can help bring your case to an end.

You Had the Consent of the Property’s Owner

Also, a judge is likely to drop your case if you had the alleged victim's consent to possess or own their property. However, you must not have obtained the property through trickery or false pretense. You must also have possessed the property within the period of consent.

For instance, you can face grand theft charges if you obtained consent to use your friend’s car but did not use it in a specific way and the specific period agreed. If your possession of the property happened in the exact manner agreed upon, your attorney could argue to have your charges dropped.

You Believed You Owned the Property

The legal meaning of stealing is to take “someone else’s” property without their consent. If you had reason to believe that you owned specific property, the court could not convict you of grand theft.

It could be that your employer told you, “you can have that car.” Given his history of giving you stuff like expensive watches and eyewear using the exact phrase, you had a good faith belief that the car in question now belonged to you. Even though it is a misplaced belief and your employer meant you can have the vehicle for work-related errands, the misunderstanding should not be enough to convict you.

The above defense works if you can prove why you believed you enjoyed the right of ownership. However, it is unlikely to work as desired if you attempted to conceal the property at the time of alleged theft or after the aggrieved party raised concerns.

The Property Was Worth Less Than $950

Sometimes, the only way to achieve a desirable outcome is to have the prosecution reduce the charges. Petty theft is a lesser crime than grand theft, and it is always worth it to inform the court if the value of the stolen property was less than $950. Addressing the question of a property’s value can also save you from sentence enhancements.

Grand theft is a serious offense, and a conviction can leave you in jail and paying hefty fines. A reliable attorney will find the best defenses for fighting your charges and having them dismissed or reduced. The expert can also negotiate for a favorable plea bargain to help obtain the best possible outcome.

Offenses Related To Grand Theft

There is a gray line between the legal definitions of different theft crimes. Here are some of the offenses closely related to grand theft:

Grand Theft Auto — Penal Code 487(d)(1)

Penal Code 487(d)(1) makes it a crime to take another person’s car whose value exceeds $950. The statute describes the offense as an act intended to deprive the owner of a significant fraction of a vehicle’s value.

The elements of grand theft auto are as follows:

  • The defendant took a vehicle that belonged to the alleged victim
  • The car’s worth exceeds $950
  • The accused did not have the consent/permission of the vehicle’s owner
  • The defendant intended to keep the car permanently or for an extended period, therefore, depriving its owner of a significant fraction of the vehicle’s value and enjoyment
  • The accused moved the car and kept it (both the distance moved and period kept notwithstanding)

Grand theft auto is a wobbler offense charged as a misdemeanor or a felony. The punishment for a misdemeanor conviction includes:

  • Imprisonment for up to one year

If convicted of felony grand theft auto, the penalty is as follows:

  • Jail time for up to 3 years
  • A fine not exceeding $10,000

It remains imperative to note that a conviction for stealing a high-value car attracts sentence enhancements of up to 2 years.

Robbery — Penal Code 211

Under Penal Code 211, robbery is the offense of taking another person’s property against their will, in their immediate presence, and through the use of force or fear. The use of force makes robbery a violent crime that always attracts felony charges.

For the prosecution to convict you of robbery, the following must be true beyond a reasonable doubt:

  • The accused took property that belonged to someone else
  • The stolen property was in the immediate possession of the alleged victim
  • The defendant took the property from the victim against their will
  • The accused used force or fear to prevent resistance from the victim
  • The defendant intended to deprive the victim of their property permanently or for an extended period, therefore depriving them of enjoyment or a significant fraction of the property’s value

Robbery is punishable by:

  • Incarceration in state prison for up to 9 years

Unlike grand theft, violating Penal Code 211 is a strikeable offense under the Three Strikes Law. It pays to enlist a skilled attorney who can present arguments to help reduce your charges to grand theft or a lesser offense.

Petty Theft — Penal Code 484(a)

The main difference between petty theft and grand theft is the value of the stolen property. If you face grand theft charges, the court can reduce the charges to petty theft if you can prove that the value of the stolen property does not exceed $950. As aforementioned, certain exceptions apply, allowing the prosecution to impose grand theft charges, irrespective of the stolen property’s value.

Petty theft is a misdemeanor. A conviction attracts the following penalties:

  • A county jail sentence of up to 6 months
  • A fine of $1,000 maximum

A petty theft conviction cannot affect your gun rights. However, it can affect your immigration status, mainly if you use trickery or false pretenses to commit the offense. Note that an offense qualifies as a crime of moral turpitude when a defendant demonstrates an intention to defraud their victim.

Even so, petty theft is still a lesser crime than grand theft. You owe yourself the favor of having a competent attorney who can help to protect your rights and bring home the most favorable outcome.

Find a Santa Ana Criminal Defense Attorney Near Me

If you face grand theft charges, we invite you to discuss your case with the California Criminal Lawyer Group. The sooner you bring us on board, the sooner we can begin investigations for evidence that can work in your favor. Our years of experience fighting for defendants accused of theft crimes in Santa Ana allow us to pick the best defense strategies that yield positive outcomes. Call us today at 714-844-4151 for free consultation and evaluation of your case.