Theft is a legal term that refers to intentionally taking someone else's property without their permission or lawful authority, intending to deprive the owner of their property permanently. Theft typically involves the unauthorized acquisition of another person's physical belongings, for example, money, jewelry, electronics, or vehicles. However, it can include intangible items like intellectual property or confidential information.

Theft can be petty or grand. This article focuses on grand theft as outlined under Penal Code 487. Fresno attorneys from the California Criminal Lawyer Group describe the crime below.

Grand Theft Under PC 487

According to Penal Code 487, you commit grand theft when you unlawfully take someone else's property and the value of the stolen property exceeds $950. Thus, you will face grand theft charges.

Grand theft is a broad term that covers different types of theft. These offenses include:

  • Those involving fraud, deception, or
  • Physically taking items without consent.

Grand theft acts as a catch-all crime that allows for the prosecution of various theft offenses, ensuring that the law encompasses different theft methods.

If you face grand theft charges under PC 487, it is common to face additional charges, including the following:

  • Embezzlement.
  • Fraud.
  • Insurance fraud.
  • Real estate fraud.
  • Theft by false pretenses.
  • Sales tax violations.
  • Healthcare fraud.
  • Worker's compensation fraud.
  • Credit card fraud.
  • Insurance fraud or other financial crimes.

These extra charges can stem from the specific circumstances and methods employed during the theft, for example, engaging in fraudulent schemes, using deceptive practices, or misappropriating funds.

The law requires the prosecution to prove specific elements for the jury to return a guilty verdict. In the case of a PC 487 violation, the elements are specific to the charges the prosecutors will pursue. Here is a breakdown of what the prosecutors need to prove:

     a) Grand Theft By Larceny

Grand theft by larceny is the act of unlawfully taking someone else's property without their permission and permanently keeping it. Larceny is a term that refers explicitly to theft, where the property is physically removed or taken away, setting it apart from other forms of theft that involve deceit or fraud.

The elements of grand theft by larceny generally include the following:

  • Taking someone else's property without their consent or legal authority is a fundamental element of grand theft by larceny. You must have taken the property without permission or exceeding the scope of any consent granted.
  • The property must belong to another person or entity. The rightful owner or lawful possessor must have a legal right to possess and control the property.
  • Grand theft by larceny requires the intent to deny the owner of their property’s value. The intention to keep the property for yourself or dispose of it in a manner that prevents the owner from recovering it is crucial to establish this element.
  • The value of the stolen property must exceed a specified threshold of $950. If the value does not meet the threshold for grand theft, prosecutors could pursue a lesser offense, like petty theft.
  • Larceny explicitly involves the property's removal or physical movement through a distance. It distinguishes this type of theft from other forms that involve deception or fraud. The property must be physically moved through a distance.

Shoplifting incidents can result in grand theft by larceny charges if the combined value of the stolen items exceeds $950.

     b) Grand Theft By False Pretense

Grand theft by false pretense is a recognized form of theft under PC 532. It applies when you intentionally deceive another person into acquiring ownership or possession of his/her property. You accomplish this by employing false representations, pretenses, or promises to convince the victim to willingly transfer ownership or control of the property.

Your false pretenses could involve misrepresenting facts, making false statements, or providing misleading information with the intent to defraud the victim.

The prosecution must typically prove the following elements beyond a reasonable doubt:

  • You knowingly made a false representation, pretense, or promise to the victim.
  • You intended to deceive the victim with the false representation, aiming to convince them to transfer ownership or possession of his/her property.
  • The victim reasonably relied on your false representation. They trusted your deceptive statements or promises and were influenced by them to give up their property.
  • Due to your false representation and the victim's reliance, the victim voluntarily transferred ownership or possession of his/her property to you.
  • The value of the property obtained through false pretenses exceeds $950.

These provisions exist specifically for grand theft under false pretenses because of the potential for abuse or misuse of the law. California law recognizes that individuals could engage in business transactions or property exchanges and later regret their decision, falsely accusing the other party of using false pretenses to obtain the property.

The law requires testimonies from several individuals for a grand theft conviction under false pretenses to safeguard against false accusations and ensure a higher standard of proof. Additional evidence, including a false token (false statement), a written statement by the defendant, or the testimony of multiple witnesses, strengthens the case and reduces the risk of wrongful convictions based solely on one person's word.

These special evidence requirements aim to maintain fairness and protect individuals from unfounded allegations while holding accountable those who engage in fraudulent conduct involving false pretenses.

     c) Grand Theft By Trick

If you face charges of grand theft by trick, you are only guilty if the prosecution proves specific elements. These elements include:

  • You acquired property belonging to someone else and were aware of this ownership.
  • You used fraudulent or deceitful means to persuade the owner to allow you to take possession of his/her property.
  • You took the property, aiming to either permanently deny the owner of it or to keep it away from the owner for a significant period that would result in a substantial loss of enjoyment or value.
  • You retained possession of the property, even if only temporarily.
  • The property owner did not plan to assign ownership of the property to you.

In grand theft by false pretense, the perpetrator deceives the property owner into voluntarily transferring the property's possession and ownership rights. The owner is misled by false representations or promises, resulting in the belief that they give up possession and ownership to the perpetrator.

On the other hand, in grand theft by trick, the perpetrator obtains possession of the property only through deceit or trickery. The owner does not intend to transfer ownership to the perpetrator but is tricked into allowing them temporary ownership. The perpetrator could gain physical control or possession of the property without acquiring legal ownership rights.

The key distinction lies in the intended transfer of ownership. In grand theft by false pretense, the owner believes they are transferring full ownership. In contrast, in grand theft by trick, the owner intends to maintain ownership despite temporarily allowing the perpetrator to possess the property.

     d) Grand Theft by Embezzlement

Grand theft by embezzlement is a specific theft recognized under the law. It occurs when someone entrusted with the property or funds of another person or entity misappropriates or fraudulently converts that property for their gain. The critical element in embezzlement is the breach of trust or fiduciary relationship between the perpetrator and the victim.

The prosecution will generally need to prove the following elements:

  • Fiduciary relationship — You must have had a legal or fiduciary relationship with the property owner or funds. This relationship can arise from your employment, a position of trust, or a specific duty to manage or handle the property.
  • Property entrusted — The owner must have assigned the property or funds to you due to your position or relationship with the owner. The owner must have given you the authority or responsibility to handle or manage the property on their behalf.
  • Conversion or misappropriation — You must have fraudulently converted or used the property for your gain. It means you took the property and used it to deprive the owner of its use or ownership without their knowledge or consent.
  • Intent — You must have explicitly acted to temporarily or permanently deprive the owner of the property or funds. It means that you knowingly and intentionally used the property for your benefit, with no intention of returning it to the owner or returning it later.

Note: When facing charges for PC 487 violations under multiple theories: grand theft by larceny, false pretense, or embezzlement, it is not necessary for the jury to unanimously agree on the specific theory you violated. Their agreement is required on the essential element that you illegally took someone else's property using one of those methods, resulting in a grand theft conviction.

However, for a verdict of grand theft or petty theft, the jury must reach a unanimous decision. If the jury fails to agree on a PC 487 violation unanimously but unanimously agrees that you perpetrated some form of theft, they will convict you of the lesser offense of petty theft. The determination between these charges depends on factors like the value of the stolen property and other relevant considerations outlined in California law.

     e) Wage Theft

Wage theft refers to the unlawful withholding or non-payment of wages that an employee is entitled to receive. Under certain circumstances, wage theft can result in prosecution under PC 487.

If an employer withholds:

  • Over $950 from an individual employee within one year, or
  • Over $2,350 from one or more employees collectively within one year.

The theft can be classified as grand theft under California law.

Differences Between Grand Theft and Petty Theft

The main difference between grand and petty theft lies in the stolen property's value and the offense's corresponding severity. The definition under Penal Code sections 487 and 488 draws the distinction. The threshold for grand theft is set at $950 or more. Petty theft applies to stolen property valued at less than $950.

Before the November 2014 enactment of Proposition 47, there were specific scenarios where you could face charges of grand theft, even if the property's value was $950 or less. These circumstances encompassed:

Instances where the stolen property involved is:

  • A firearm.
  • An automobile.
    Certain animals like horses, sheep, pigs, or
  • Where the asset was taken directly from the individual of its owner (from their body, clothing, or a container they held).

In these particular scenarios, the penalties for grand theft were enforceable regardless of the value of the stolen property.

Even after the implementation of Proposition 47, thefts involving these specific types of property remain subject to grand theft penalties, irrespective of their value. Furthermore, if you have previous convictions for offenses like sex offenses mandating registration or serious felonies like rape, murder, sexually violent crimes, and child molestation, grand theft penalties could also be imposed regardless of the value of the stolen property.

The theft of a vehicle can be considered petty theft if the car has a low price tag. Additionally, repeated theft of money, personal property, labor, or other items from your place of employment can lead to grand theft charges if the stolen property's cumulative value exceeds $950 within 12 months.

Defenses You Can Assert in a Grand Theft Case

You can employ several defense strategies to fight the grand theft charges. Some of the common defenses include the following:

     a) Claim of Right

The defense of "claim of right" asserts that you genuinely believed you had a legal right to the property you are accused of stealing. This defense requires demonstrating that you honestly thought you were the rightful owner of the property or had a legitimate claim to it.

To raise a claim of right defense, you must present evidence supporting your belief in your ownership or entitlement to the property. This could include documents, contracts, agreements, or other evidence establishing your claim.

Note: A claim of right defense is not applicable if you acquired the property illegally or knew that your claim of right was invalid. This defense strategy relies on your genuine belief in your ownership or right to the property.

     b) Lack of Intent

Claiming "lack of intent" asserts that you lacked the mental state or intent to commit the crime. It means you did not intend to permanently or temporarily deprive the owner of their property. Your actions were merely an accident or a mistake.

To raise a lack of intent defense, you must present evidence supporting your claim that you did not intend to commit theft. This could include testimonies, witness statements, or any other evidence that shows your lack of intent to deny the owner of their property’s value.

The lack of intent does not necessarily mean you were unaware of your actions. It means you did not have the mental state to form the necessary intent for theft. For example, this would be an appropriate defense if you mistakenly believed you had permission to take the property.

Successfully raising a lack of intent defense can reduce or dismiss charges. However, you must present compelling evidence and arguments to counter the prosecution's case.

     c) False Accusations

Your attorney could argue that you were falsely accused and that the allegations against you are untrue. This defense strategy aims to demonstrate that you are not responsible for the alleged theft and that someone else could have fabricated the accusation or misidentified you as the perpetrator.

Evidence supporting your innocence and contradicting the prosecution's case includes providing alibi evidence, witness testimonies, surveillance footage, or any other evidence that establishes your presence elsewhere or casts doubt on your involvement in the theft.

It is also beneficial to gather evidence pointing to an alternative explanation or identifying another potential suspect who could have committed the theft. This helps create reasonable doubt in the judge's or jury's minds, leading to a favorable outcome for your case.

Remember, the burden of proof rests on the prosecution, and it is their responsibility to demonstrate your guilt beyond a reasonable doubt.

     d) You Had the Owner’s Consent

You could also assert that you had permission or authorization to take the property in question, negating the theft element in a grand theft case. Consent means that the owner of the property voluntarily and knowingly agreed to you taking or using their property, eliminating any criminal intent or wrongful taking.

To use the defense of consent effectively, you would need to demonstrate that:

  • The property owner gave explicit or implied consent for you to take or use it.
  • You reasonably believed that you had the owner's permission to take or use the property.
  • No coercion, fraud, or duress was involved in obtaining the consent.

Consent can be revoked at any time. If you continue to possess or use the property after approval has been withdrawn, arguing that the owner consented will no longer serve as a valid defense.

To establish the defense of consent, you and your defense attorney could present evidence such as:

  • Witness testimonies confirming that the owner granted permission.
  • Written agreements, contracts, or documentation showing authorization.
  • Communication records, emails, or messages indicating consent.
  • Circumstantial evidence supporting a reasonable belief of consent.

California Criminal Lawyer Group defense attorneys will assess the facts and evidence of your case to determine if the defense of consent is viable. We will gather supporting evidence, interview witnesses, and develop a strategy to challenge the prosecution's case and establish that your actions were lawful due to the presence of valid consent.

Penalties if Convicted of Grand Theft

Grand theft is a wobbler offense. Whether to pursue misdemeanor or felony penalties depends on the facts of your case and your criminal history.

If convicted of a misdemeanor violation, you could face the following penalties:

  • Up to one year in jail.

If convicted of a felony violation, you could face the following penalties:

  • Felony or formal probation with a maximum of one year in jail.
  • 16 months, 2, or 3 years in jail unless the stolen item was a firearm.

Penalties if the Theft Was of a Firearm

If you are convicted of grand theft of a gun, you will face felony penalties, including:

  • 16 months, 2, or 3 years in prison.
  • A strike on your record per California’s Three Strikes law.

Penalty Enhancements

In cases where the property value is exceptionally high, you could receive additional penalties, namely:

  • An extra year if the property value exceeds $65,000.
  • A further two years if the possessions’ value exceeds $200,000.
  • Another three years if the property value exceeds $1,300,000.
  • An additional four years if the assets’ value exceeds $3,200,000.

Courts consider the cumulative value of all the stolen property to determine the appropriate penalty enhancement.

Further, if you are accused of multiple thefts, you can face separate charges of grand theft for each act, potentially leading to numerous convictions and sentences. However, there is an exception when all the thefts are connected to a single common scheme or plan. In these cases, you can only face one count of grand theft, as the law aims to prevent duplicative charges and excessive punishment for the same underlying conduct.

Determining whether the thefts were part of a joint plan or scheme is a legal matter that depends on the case's specific facts. Factors including the timing, nature of the thefts, and your intent will be considered by the court when deciding whether to pursue multiple counts or a single count of grand theft.

Contacting a Criminal Defense Attorney Near Me

If you find yourself in a situation where you face grand theft in Fresno, reach out to the seasoned attorneys at California Criminal Lawyer Group. Our team of experienced lawyers possesses the expertise necessary to offer you the guidance and representation required to navigate the complex aspects of your case. Drawing upon our extensive criminal law knowledge and unwavering commitment to advocacy, we will tirelessly safeguard your rights and diligently pursue the most favorable outcome for you.

To discuss your case and schedule a consultation, contact us at 559-712-8377. By taking this crucial step, you are proactively positioning yourself to receive comprehensive legal support from trusted professionals who will fight for your rights.