Grand theft appears in California Penal Code 487. This law applies to taking property, labor, or money of someone else to the value of $950 or more. Depending on the circumstances, 487 PC may be charged as a felony or a misdemeanor. If the property, labor, or money is less than $950, then the defendant will not be charged with grand theft under 487 PC, but charged with petty theft.
487 PC Grand Theft Definition
The legal definition includes taking any labor, property, or money worth $950 or more. Examples of crimes charged under 487 PC may be embezzling thousands from your employer, stealing expensive electronics from a store, or robbing someone of their expensive jewelry. If you steal or shoplift a car or gun, the charge will automatically be grand theft. Similarly, if the item was taken off a person, then the defendant will be charged under 487 PC. In California, the most common 487 PC charges are for defendants charged with shoplifting in high-end stores. By stealing only a few items, the defendant can easily meet the $950 value for grand theft charges.
Grand Theft Legal Elements
To convict a defendant under 487 PC, the prosecutor must prove the following elements:
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- The property the defendant took belonged to someone else
- The defendant did not have the permission of the owner to take the property
- The defendant’s intention was to take the property (it was not an accident or mistake)
- The defendant kept the property or moved it
- One of the following is true:
- The property was a firearm
- The property was a vehicle
- The property value was $950 or more
- The defendant took the property off someone’s body
487 PC deals with grand theft alone, but there are similar crimes that also have the title grand theft. There is grand theft by embezzlement, grand theft by trick, and grand theft by false pretense.
487 PC: What Is the Difference Between Grand Theft and Petty Theft?
The main difference between grand theft (487 PC) and petty theft is the dollar value of the property, money, or labor stolen. Petty theft applies to anything with a value under $950; grand theft applies to anything with a value above $950. The exception to this rule is firearms, vehicles, and items taken directly from someone’s person. If someone repeatedly steals in a 12 month period and the total value is above $950, then you will be charged with grand theft under 487 PC rather than for separate instances of petty theft.
In addition to those exceptions, 487 PC also has additional exceptions if someone has a prior violent felony conviction or is a registered sex offender. They will be charged with grand theft for stealing certain types of animals, vehicles, firearms, and items taken directly from someone’s person, even if the value is less than $950.
Penalties for 487 PC Convictions
If you are convicted of grand theft under 487, you might receive a misdemeanor or felony charge. The prosecutor is entitled to use discretion when charging defendants, and they will take into account the circumstances of the theft as well as your criminal history. First-time offenders may only receive misdemeanor 487 PC charges.
The penalty for a 487 PC misdemeanor is a county jail sentence of up to one year.
The penalty for a 487 PC felony charge is either felony probation plus up to a year in county jail or up to 3 years in county jail.
487 PC Additional Circumstances
The court and prosecutor can increase the penalties in certain scenarios. This could mean additional jail time or harsher penalties.
If the stolen property was a firearm, then you will receive a 487 PC grand theft firearm charge which is a felony. You will serve a prison sentence of up to 3 years in state prison. The law considers grand theft firearm a serious felony, and it counts as one strike under California’s three-strikes law.
The total value of the property can also increase the jail sentence and may mean that the defendant receives a felony 487 PC charge rather than a misdemeanor.
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- If the property value is more than $65,000, it will add an additional year to the sentence
- If the property value is more than $200,000, it will add an additional 2 years to the sentence
- If the property value is more than $1,300,000, it will add an additional 3 years to the sentence
- If the property value is more than $3,200,000, it will add an additional 4 years to the sentence
The court will look at all of the property stolen in the one plan or scheme when calculating the value. They will not just look at your cut or take into account if you used some of the property to pay off an accomplice.
Legal Defenses For a 487 PC Charge
If you receive grand theft charges under 487 PC, there are a number of legal defenses available to you. Your criminal defense lawyer can help you pick the most suitable one for your circumstances. The best way to defend against any charge is always to weaken one of the legal elements that the prosecutor must prove beyond a reasonable doubt.
For a 487 PC charge, they are:
- The property the defendant took belonged to someone else
- The defendant did not have the permission of the owner to take the property
- The defendant’s intention was to take the property (it was not an accident or mistake)
- The defendant kept the property or moved it
- One of the following is true:
- The property was a firearm
- The property was a vehicle
- The property value was $950 or more
- The defendant took the property off someone’s body
One of the most common legal defenses to a 487 PC grand theft charge is that you did not mean to steal the item or commit fraud. This can be difficult to prove unless there is communication records that show you could have been reasonably mistaken and thought you could take the item. Security footage may be useful if you can show the item in question got caught up in your belongings and you have proof that you made attempts to give the item back to its rightful owner. Your criminal defense lawyer will be able to tell you if this is a suitable defense for your circumstances.
Another common legal defense to a 487 PC charge is that the defendant is property’s lawful owner. They can present evidence such as receipts or photographs of them with the property to prove this.
Another common legal defense to 487 PC charges is that the defendant had the consent of the owner to take the item. In some instances, the defendant may have even been set up for criminal charges. The defendant can show a history of a feud and proof that they were allowed to take the item as evidence.