Charged with Grand Theft (Penal Code § 487) in California?

If you’re facing grand theft accusations in California, you’re dealing with serious criminal charges that could dramatically impact your future. At David P. Shapiro Criminal Defense Attorneys, we’ve helped countless San Diego and Chula Vista residents navigate these situations. This guide explains what you need to know about grand theft charges in California.

What is Grand Theft Under California Law?

California Penal Code § 487 defines grand theft as the unlawful taking of another person’s property valued above certain thresholds. Unlike petty theft (which involves property of lesser value), grand theft carries more severe penalties because of the higher value of the property involved.

Under California law, theft becomes grand theft when:

• The value exceeds $950 for money, labor, real property, or personal property
• The value exceeds $250 for agricultural products like fruits, vegetables, or farm crops
• The value exceeds $250 for aquacultural products taken from commercial operations
• The property is taken directly from another person (regardless of value)
• The property is an automobile or firearm (regardless of value)
• An employee takes $950 or more from their employer over 12 consecutive months

The distinction between petty theft and grand theft is crucial because it determines whether you’re facing misdemeanor charges with relatively minor penalties or potentially felony charges with serious consequences.

Types of Grand Theft Charges in California

Grand theft isn’t a one-size-fits-all charge. The specific circumstances of your case will determine exactly which type of grand theft you’re accused of committing:

Grand Theft By Larceny

This is the most common form, involving physically taking and carrying away someone else’s property without permission and with the intent to permanently deprive them of it. Examples include:

• Shoplifting expensive electronics or designer clothing
• Taking valuable items from someone’s home
• Stealing equipment from a construction site

Grand Theft By Embezzlement

This occurs when someone entrusted with property or funds misappropriates them for their own use. You don’t physically take the property—you already have lawful possession, but use it in an unauthorized way. Examples include:

• A bookkeeper transferring company funds to their personal account
• A treasurer of an organization using funds for personal expenses
• A property manager collecting and keeping tenant rent payments

Grand Theft By Employee (PC § 487(b)(3))

California law specifically addresses theft by employees. When an employee steals from their employer and the total value reaches $950 or more over a 12-month period, it constitutes grand theft.

As David Shapiro explains: “We’ll get hired by former or current employees who are under investigation for grand theft by an employee under Penal Code Section 487(b)(3). We see this a lot if it’s someone in a position of trust, who has access to company records, bank records, payroll, those types of things.”

These cases often involve:

• Skimming cash from registers
• Creating fake vendor accounts to approve payments to yourself
• Manipulating payroll records for unauthorized bonuses or overtime
• Taking inventory or equipment without permission

Grand Theft Auto

The theft of any vehicle—regardless of its value—automatically qualifies as grand theft in California. This applies to cars, trucks, motorcycles, and even construction vehicles.

Grand Theft of a Firearm

Similarly, stealing any firearm is classified as grand theft firearm regardless of the weapon’s value. This is always charged as a felony in California and qualifies as a strike.

What Prosecutors Must Prove in Grand Theft Cases

For the prosecution to secure a grand theft conviction, they must prove several specific elements beyond a reasonable doubt:

1. You took possession of property owned by someone else
2. You took the property without the owner’s consent
3. You intended to deprive the owner of the property permanently or for an extended period
4. You moved the property, even slightly, and kept it for a period of time (however brief)
5. The property met one of the value thresholds that qualify as grand theft

If the prosecution cannot prove each of these elements, you cannot be convicted of grand theft.

Penalties for Grand Theft in California

Grand theft is what’s known as a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on:

• The circumstances of the theft
• The value of the stolen property
• Your criminal history
• The prosecutor’s discretion

Misdemeanor Grand Theft Penalties

If charged as a misdemeanor, grand theft is punishable by:

• Up to one year in county jail
• A fine of up to $1,000
• Misdemeanor probation
• Restitution to the victim for their losses

Felony Grand Theft Penalties

If charged as a felony, the consequences become much more severe:

• 16 months, 2 years, or 3 years in county jail
• A fine of up to $10,000
• Formal probation
• Restitution to the victim

It’s important to note that certain forms of grand theft—such as grand theft firearm—are always charged as felonies and carry even harsher penalties.

Enhanced Penalties

Additional factors can increase the penalties you face:

• Prior convictions can lead to enhanced sentences
• Taking high-value property may result in aggravated sentencing
• Multiple victims can lead to multiple charges and consecutive sentences
• White-collar crime enhancements can apply if the theft involved a large amount of money

Effective Defense Strategies for Grand Theft Charges

When facing grand theft charges, several defense strategies may be effective:

Claim of Right

One of the most common defenses, as David Shapiro notes: “A defense a lot of times is, ‘Hey I’m entitled to take this property. This was part of our agreement. I was told by a superior I could take this property. I am entitled to this money.'”

If you genuinely believed you had a legal right to the property, this may serve as a complete defense. This could apply if you believed:

• The property was actually yours
• You were entitled to it under an agreement
• You had permission to take or use it

Lack of Intent

Grand theft requires the specific intent to permanently deprive the owner of their property. If you can demonstrate you didn’t have this intent, you may have a viable defense. For example:

• You intended to return the property
• You took it by mistake
• You thought it was abandoned

Mistaken Identity

As David Shapiro explains, another common defense is: “Well, it wasn’t me. Yeah, it may look suspicious that some of my friends received some money, or some other disgruntled employees took some stuff, but I did not have that intent to deprive my business or this individual of that type of money.”

You may have been wrongfully identified as the person who committed the theft. This defense often involves:

• Challenging witness identifications
• Questioning surveillance footage
• Providing alibis for your whereabouts at the time of the theft

Insufficient Evidence

The prosecution must prove all elements of grand theft beyond a reasonable doubt. Your attorney may identify weaknesses in the evidence regarding:

• The property’s value (was it really worth more than $950?)
• Ownership of the property
• Your involvement in the taking
• Your intent regarding the property

False Accusations

Unfortunately, some grand theft charges result from false accusations motivated by:

• Personal vendettas
• Attempts to cover up someone else’s theft
• Misunderstandings about ownership
• Workplace politics or disputes

Mitigation Strategies in Grand Theft Cases

In many grand theft cases, especially those with substantial evidence, mitigation becomes critical. As David Shapiro explains:

“A lot of times on grand theft, particularly grand theft by employees, since the burden is so low of $950, my firm deals with cases involving $80,000, $100,000 losses, and a lot of times even more. It’s more of what’s known as mitigation evidence than it is an outright defense. Sometimes with mitigation evidence, you’re actually doing even more for your client than trying to put forward maybe not the greatest defense to a grand theft charge.”

Value Disputes

One key mitigation strategy involves challenging the claimed value of the stolen property:

“The main way to mitigate would be if the district attorney and the alleged victim are saying it’s $100,000. Through your investigation and your attorney’s work, you’re able to determine it was really $20,000. Well, does that give you a defense to grand theft? Absolutely not, $950 is the threshold. But what that does is it makes a world of difference to what your punishment is going to be if you’re convicted.”

Reducing the established value of stolen property can make a substantial difference in sentencing, potentially helping you:

• Avoid jail time entirely
• Qualify for alternative sentencing options
• Reduce restitution payments
• Improve probation terms

Restitution Arrangements

As David Shapiro notes, restitution is another key component of mitigation:

“Let’s say everyone’s in agreement it’s a $50,000 loss to the company. You’re a former employee and we worked out an understanding that if we can work out a deal where you don’t go to jail, you’ll be able and have the earning capacity to pay back that money more quickly, and that could be a condition of your probation.”

Demonstrating willingness and ability to repay the victim can sometimes help:

• Avoid jail time
• Secure favorable plea agreements
• Establish more manageable payment plans
• Show remorse and responsibility

Clean Criminal History

If this is your first offense, emphasizing your clean record can help secure a more lenient sentence. Provide evidence of:

• Prior good conduct
• Employment history
• Community involvement
• Character references

Mental Health or Addiction Issues

If applicable, addressing underlying issues that contributed to the theft can be part of an effective mitigation strategy:

• Seeking treatment for mental health issues
• Enrolling in substance abuse programs
• Demonstrating steps taken toward rehabilitation

You Can’t Afford to Fight Grand Theft Charges Alone

Aside from the immediate legal consequences, a grand theft conviction can have lasting impacts:

Criminal Record

A theft conviction creates a permanent criminal record that appears in background checks. This can affect:

• Employment opportunities
• Professional licensing
• Housing applications
• Educational opportunities

Professional Consequences

Many professions require background checks or impose moral character requirements that a theft conviction can jeopardize, including:

• Financial industry positions
• Healthcare jobs
• Teaching positions
• Government employment
• Security clearances

Immigration Consequences

For non-citizens, theft convictions can trigger deportation proceedings or make you inadmissible to the United States, especially for crimes involving moral turpitude.

Civil Liability

Beyond the criminal case, you may face civil lawsuits from victims seeking monetary damages beyond restitution ordered in the criminal case.

Hiring the Right Criminal Defense Attorney

Grand theft charges require skilled legal representation because:

1. The “wobbler” nature of the offense means the difference between a misdemeanor and felony often comes down to effective legal advocacy
2. Establishing defenses like claim of right or lack of intent requires legal expertise and thorough investigation
3. Negotiating with prosecutors for charge reductions or favorable plea agreements requires experience and established relationships
4. Developing effective mitigation strategies can significantly reduce penalties even when complete dismissal isn’t possible

As David Shapiro advises: “You want to make sure that you surround yourself with a law firm and hire a law firm when charged with grand theft charges in any capacity in San Diego that could basically lay out all the different options, all the different strategies, all the different defenses once they’re aware of the state of the evidence against you to make sure they protect your best interest moving forward.”

Contact a San Diego Grand Theft Defense Attorney

At David P. Shapiro Criminal Defense Attorneys, our team has extensive experience handling grand theft cases throughout San Diego County. We understand the nuances of California theft laws and how local prosecutors approach these cases.

If you or someone you love is facing grand theft charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.