Orange County Grand Theft Lawyer

What is Petty Theft?

Petty theft refers to any crime that is of a small monetary value. Although every state has a different threshold, California sets the bar at $950. Anything less will be charged as petty larceny or theft, regardless of what you stole or where it was stolen from. Retail fraud (shoplifting) is among the most common petty theft charges, but private theft can also be charged under this classification.

Exceptions

There are always exceptions to the rule. The $950 amount does not apply to agricultural products, which have a stricter limit of $250. In the event that the theft totals a wholesale value over $250, it becomes a grand larceny. Agricultural products include livestock, vegetation, and aquaculture. 

Here are a few examples:

There are a couple of other exceptions in the case of the petty vs. grand theft charge debate. If the theft involves guns or firearms, it will always be charged as grand theft, no matter how much the items are worth. The same is true with cars, motorcycles, trucks, and other vehicles. Any type of vehicle theft is always charged as a grand theft/larceny in California.

What Is Considered Grand Larceny (Grand Theft) in California? 

Grand larceny, commonly referred to as "grand theft," is a serious crime in California that involves unlawfully taking someone else’s property. The state distinguishes between grand theft and petty theft based primarily on the value of the property stolen. Here, we’ll explore the legal definition, thresholds for value, examples, and potential penalties for grand theft in California, as well as how it differs from petty theft.

Legal Definition of Grand Theft in California

Under California Penal Code Section 487, grand theft occurs when a person unlawfully takes property belonging to another party with the intent to permanently deprive them of it, and the value of the property meets or exceeds a specific monetary threshold. The act may involve physical theft, fraud, or deception to obtain the property.

Thresholds for Grand Theft

The value of the property taken is a key factor in determining whether theft is classified as grand or petty theft. 

For grand theft in California, the property in question must generally meet one of these criteria:

• Value of $950 or More: If the property stolen is worth $950 or more, it qualifies as grand theft.
• Specific Items: Certain items, regardless of their value, automatically qualify as grand theft. These include firearms, certain farm products like livestock, and motor vehicles.
• Taken Directly from a Person: Theft of property taken directly from someone, such as stealing from their pocket or purse, can be considered grand theft even if the value is less than $950.

Examples of Grand Theft

Grand theft doesn’t just refer to one type of stolen property. Here are some examples of how the crime might occur:

• Theft of Expensive Items: Stealing a luxury handbag, jewelry, or electronics worth $950 or more.
• Employee Theft: An employee embezzling large sums of money or valuable assets from their employer.
• Vehicle or Firearm Theft: Taking a car or firearm without the owner’s permission.
• Fraudulent Acts: Using deceit to obtain someone’s high-value property, such as manipulating legal documents to transfer land ownership.

Penalties for Grand Theft

Grand theft is classified as a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history.

Misdemeanor Grand Theft:

• Jail time of up to 1 year in county jail.
• Fines and potential restitution to the victim.

Felony Grand Theft:

• Jail or prison time of up to 3 years in state prison.
• Additional prison time for certain types of grand theft (e.g., firearm theft or embezzlement in large amounts).

Other consequences of a grand theft conviction can include probation, a criminal record, and difficulty securing employment or housing in the future.

How is Grand Theft Different From Petty Theft?

The main difference between grand theft and petty theft in California lies in the value of the property involved.

• Petty Theft: Applies when the value of the stolen property is less than $950 (with exceptions for firearms or items taken directly from a person). Petty theft is usually charged as a misdemeanor, carrying lighter penalties such as fines or up to 6 months in jail.
• Grand Theft: Pertains to property valued at $950 or more, or specific categories of items, and comes with more severe penalties, especially if charged as a felony.

Additionally, the circumstances of the theft—such as the use of fraud, embezzlement, or conspiracy—can elevate a case to grand theft even if the stolen items do not meet the usual value threshold.

Grand theft is a serious offense in California with significant legal and personal repercussions. Understanding the legal thresholds and penalties can help individuals better comprehend the gravity of such charges. If someone is facing grand theft accusations, seeking legal counsel is essential to navigating the criminal justice process and pursuing the best possible outcome. Grand theft laws are nuanced, and an experienced attorney can evaluate the details of the case to build a strong defense or negotiate on behalf of the defendant.

Is Grand Theft a Felony in California?

In California, grand theft is a "wobbler" offense. It can be prosecuted as either a misdemeanor or a felony. Of course, the total value of the theft will also impact the level of the charge since those amounts closer to the $950 limit usually result in basic misdemeanor charges.

Another consideration is where the property or money is stolen from. In California, if the theft occurs directly from another person, such as in the case of purse snatching or pickpocketing, it is automatically charged as grand theft, regardless of the dollar amount involved. In the event that force or threats are used, theft becomes a robbery, which is always charged as a felony in the state of California and can include a prison sentence of up to five years.

If you are facing grand theft charges, contact our Orange County theft attorneys at the Law Offices of Randy Collins at (844) 285-9559.

What are the Penalties for Theft in California?

In the state of California, section 488 of the Penal Code outlines the punishments for petty theft. Maximum punishments include a fine of up to $1,000 and a sentence in county jail of up to six months total. The defendant can be given one or both penalties, depending on the prosecutor, judge, and the severity of their theft offense.

What are The Charges for Grand Theft?

In section 487 of the Penal Code, the penalties for grand theft are outlined. These regulations state that when the case is filed as a felony, fines can be as high as $1,000, and there is a state prison sentence of up to three years possible. The prosecutor is the one who decides whether to charge the crime as a misdemeanor or a felony, but in the end, the judge will have the final say on the penalty that is imposed.

In many instances, even when you are charged with grand theft, you can get away with probation, or little to no jail time, depending on the circumstances. It’s also helpful if you have a solid defense to fight your case.

Hire a Qualified Orange County Grand Theft Lawyer

Part of having a good defense is having a qualified, reputable theft Criminal Defense lawyer that understands California theft laws and how to get the best possible outcome in your case. Since the charges of theft are so flexible, it’s worthwhile to take the time to fight the charges and see what you can do to get a lower punishment, or perhaps no real punishment at all. There are no guarantees, except that you’ll get a much better chance of getting the outcome that you deserve with a Orange County theft lawyer on your side.