Grand Theft: PC 487

Grand theft is a serious criminal offense in California, and a conviction can have consequences that follow you for years or change your life forever. If you have been charged with grand theft, it’s crucial to understand the offense, the penalties you face if convicted, and the defenses that could be available to you. Attorney John D. Lueck can help you navigate these charges and develop an effective defense. If you have been charged with grand theft in San Bernardino County, contact attorney John D. Lueck for advice and representation from a skilled and experienced Rancho Cucamonga theft crime defense lawyer.

What Is Grand Theft?

Under California Penal Code Section 487, grand theft occurs when someone unlawfully takes property with a value exceeding $950. The type of property stolen can vary, including money, real property, personal property, or services. In addition, section 487 and a dozen other statutes in the Penal Code make the theft of various kinds of property chargeable as Grand Theft without regard to the value of the item.

There are different forms of grand theft depending on the nature of the property taken and the means by which the theft occurs.

1. Grand Theft by Larceny: The unlawful taking of someone else’s property.

2. Grand Theft by False Pretenses: When someone deceives another person to obtain ownership of property.

3. Grand Theft by Trick: Involves gaining possession of property through deception, but not legal ownership.

4. Grand Theft by Embezzlement: When an individual entrusted with someone else’s property fraudulently appropriates it for their own use.

Elements of a Grand Theft Charge

For the prosecution to obtain a conviction for grand theft under California law, they must prove several key elements beyond a reasonable doubt:

1. Unlawful Taking: The defendant took possession of property that did not belong to them without the owner’s consent.

2. Value of the Property: The property taken must be worth more than $950 or belong to a category of property defined as grand theft under a specific California penal code statute. If the value is less, the crime may be considered petty theft, which is a misdemeanor offense.

3. Intent to Permanently Deprive: The prosecution must show that the defendant intended to permanently deprive the owner of the property or, in the case of theft by trick or embezzlement, that the intent was to use the property in a manner inconsistent with the owner’s rights.

4. Possession: The defendant had control over the property, whether by direct action or through trickery, false pretenses, or embezzlement.

Penalties for Grand Theft

If convicted of grand theft in California, the penalties vary depending on whether the crime is charged as a misdemeanor or a felony. Under California Penal Code Section 489, grand theft is a “wobbler” that can be prosecuted as either a misdemeanor or a felony, based on the circumstances of the offense and the defendant’s criminal history. Misdemeanor grand theft penalties can include up to one year in county jail; fines, probation, community service, and restitution to the victim for the value of the stolen property. If convicted of felony grand theft, the defendant could face 16 months, two years, or three years in state prison; felony probation; heavier fines; and victim restitution.

In addition, the penalty for grand theft can be enhanced based on the value of the property stolen: 

• $65,000 or more: An additional year in prison 

• $200,000 or more: An additional two years in prison 

• $1,300,000 or more: An additional three years in prison 

• $3,200,000 or more: An additional four years in prison, plus an additional year for each additional $3,000,000 in property lost 

Other factors that can affect the penalty for grand theft include: 

• Type of property: Theft of a high-end car can result in enhanced penalties. 

• Type of crime: Carjacking, joyriding in a police vehicle, or stealing a vehicle from someone with a disabled placard can result in increased penalties. 

• Criminal history: The severity of the penalties depends on the defendant’s criminal history. 

Grand theft is also a crime of moral turpitude, which can have adverse effects on a person’s professional license or ability to seek US citizenship. The court may also order the defendant to pay restitution to the victim. 

Possible Defenses to Grand Theft Charges

When facing grand theft charges, an experienced criminal defense attorney can explore several defense strategies depending on the facts of your case. Below are some common defenses that may apply:

1. Lack of Intent: One of the critical elements of grand theft is the intent to permanently deprive the owner of their property. If you can demonstrate that you did not have this intent, the prosecution may not be able to convict you. For instance, if you borrowed the property with the intention of returning it, this could be a valid defense.

2. Mistaken Ownership or Right of Claim: If you believed the property belonged to you or that you had a legitimate right to take it, you could argue mistaken ownership or right of claim as a defense. This defense hinges on proving that you honestly and reasonably believed you had the right to the property.

3. Consent: If the property owner consented to you taking the property, the prosecution cannot prove that the theft was unlawful. However, this defense may not apply in cases of fraud or trickery, where consent was obtained through deception.

4. Insufficient Evidence: In some cases, the prosecution may not have enough evidence to prove each element of grand theft beyond a reasonable doubt. If there are weaknesses in the evidence or gaps in the chain of custody of the property, an experienced defense attorney can challenge the case against you.

5. False Accusations: In some instances, individuals are falsely accused of grand theft due to misunderstandings, miscommunication, or malicious intent on the part of another person. An attorney can investigate the circumstances of the accusation and present evidence to show that the charges are unfounded.

Contact John D. Lueck, an Experienced Rancho Cucamonga Criminal Defense Attorney

If you are facing grand theft charges in San Bernardino County, the consequences of a conviction could be severe, impacting your freedom, reputation, and future. Attorney John D. Lueck has extensive experience defending individuals accused of grand theft and other criminal offenses in California. He can evaluate the details of your case, identify potential defenses, and work to achieve the best possible outcome.

To schedule a consultation and discuss your case, contact the Law Offices of John D. Lueck today. Call the office at 909-484-1963 or reach John Lueck directly on his cell phone at 909-646-2736 for a no-cost case evaluation.