Grand Theft Lawyers in San Diego (PC 487)

Grand theft under PC 487 is a wobbler carrying up to 3 years in custody. Our San Diego defense lawyers fight for misdemeanor reductions and dismissals. Call 24/7.

A grand theft charge in San Diego changes everything overnight. The moment it hits, you’re not just dealing with a criminal case. You’re dealing with the possibility of a felony on your record, time in custody, and consequences that follow you for years.

We get it. The circumstances that lead to grand theft charges are rarely black and white. A dispute over property between business partners. An employer accusing a longtime employee of skimming. A misunderstanding about what you were authorized to take. A situation where the value of what’s involved is genuinely debatable. These charges often arise from situations far more complicated than the prosecution wants to acknowledge.

Charges are accusations, not convictions. The prosecution still has to prove every element beyond a reasonable doubt, and in grand theft cases, there are real questions worth fighting over: what was the property actually worth? Did you intend to permanently deprive someone of it? Did you even take it in the first place?

The fear and uncertainty are completely understandable. But what matters now is the defense you build. At David P. Shapiro Criminal Defense Attorneys, we’ve defended clients charged with grand theft throughout San Diego County, from employee theft allegations to grand theft auto to cases involving hundreds of thousands of dollars. As experienced San Diego theft and fraud defense lawyers, we know how to challenge the prosecution’s valuation, attack weak evidence, and fight for wobbler reductions that can mean the difference between a felony record and a misdemeanor.

Time matters. Early action creates options that disappear later. The sooner we start, the more we can do.

Quick Reference: PC 487 Grand Theft

Classification	Wobbler (felony or misdemeanor); Grand Theft Firearm is always a felony
Misdemeanor Penalty	Up to 1 year in county jail
Felony Penalty	16 months, 2 years, or 3 years in county jail (under realignment)
Grand Theft Firearm	16 months, 2 years, or 3 years in state prison; strike offense
Fine	Up to $10,000
Strike Offense	No (except Grand Theft Firearm, which is a serious felony / strike)
Additional	Restitution to victim; excessive taking enhancements for high-value thefts

What Is Grand Theft Under California Law?

Grand theft is defined through a combination of Penal Code Sections 484 and 487. Section 484(a) defines theft broadly as every person who “feloniously steal[s], take[s], carry[ies], lead[s], or drive[s] away the personal property of another,” or who “fraudulently appropriate[s] property which has been entrusted to him or her,” or who obtains property through “any false or fraudulent representation or pretense.”¹

Section 487 then draws the line between grand theft and petty theft. What does that mean in practice? Well, theft becomes grand theft when any of the following apply:²

Value exceeds $950. The most common basis for a grand theft charge. If the money, labor, or property taken has a fair market value exceeding $950, it qualifies as grand theft under PC 487(a).

Taken from the person of another. Under PC 487(c), if property is taken directly from someone’s body or clothing, it’s grand theft regardless of value. This is sometimes called “grand theft person.” It’s not robbery because it doesn’t involve force or fear, but it’s treated more seriously than a standard theft.

The property is an automobile. Grand theft auto under PC 487(d)(1) applies whenever a car is stolen, regardless of the vehicle’s value.

The property is a firearm. Grand theft of a firearm under PC 487(d)(2) is the most serious form of grand theft. It’s always a felony and always a strike.

One important concept many people don’t know about: the prosecution can aggregate multiple thefts to reach the $950 threshold.³ If you’re accused of taking smaller amounts from the same victim over time as part of a single plan or scheme, those amounts get combined. This is called the consolidation doctrine, and it comes up frequently in employee theft cases where the prosecution alleges a pattern of smaller takings that add up.

What Must the Prosecution Prove?

To convict you of grand theft, the prosecution must prove ALL of the following elements beyond a reasonable doubt:⁴

1. You took possession of property owned by someone else.

The prosecution has to establish that the property belonged to another person and that you took possession of it. In many cases, this element is straightforward. But in disputes between business partners, family members, or roommates, ownership itself can be genuinely contested.

2. You took the property without the owner’s consent.

This is where consent and authorization defenses come into play. If you had permission to take the property, or reasonably believed you did, this element fails.

3. When you took the property, you intended to deprive the owner of it permanently.

This is critical. Grand theft requires specific intent to permanently deprive the owner of the property, or to remove it for such an extended period that the owner would lose a major portion of its value or enjoyment. Borrowing something with the intent to return it is not theft. Mistakenly believing you had a right to the property is not theft. The prosecution has to prove what was in your mind at the time.

4. You moved the property, even a small distance, and kept it for any period of time, however brief.

This is the “asportation” element. For larceny-based grand theft, the prosecution must show you physically moved the property. The distance can be small, but the movement must be proven.

5. The grand theft qualifying factor was present.

Depending on the theory charged, the prosecution must also prove one of the following: the property’s fair market value exceeded $950; the property was taken from the person of another; the property was an automobile; or the property was a firearm.

The burden is on them to prove all of this. Beyond a reasonable doubt. That’s the highest standard in our legal system, and every element is a potential avenue for defense.

Types of Grand Theft Charges

Grand Theft by Value (PC 487(a))

The most commonly charged form of grand theft. The prosecution must prove the property’s fair market value exceeded $950 at the time and place of the theft.⁵ Now, fair market value is the highest price the property would reasonably have been sold for in the open market. Not replacement cost. Not sentimental value. Not what the store was charging for it brand new.

This distinction matters enormously. Used electronics, worn clothing, opened merchandise: these items have a fair market value that is often significantly lower than the retail price. Challenging the prosecution’s valuation is one of the most effective defense strategies in grand theft cases, and it’s one that many lawyers overlook.

Grand Theft From the Person (PC 487(c))

What does grand theft person look like? Well, imagine someone reaches into another person’s pocket and takes a wallet. No force. No intimidation. Just a quick grab. That’s grand theft person, and it’s charged as a wobbler regardless of the value of what was taken.

The critical distinction here is between grand theft person and robbery under PC 211. Robbery requires force or fear. Grand theft person does not. The difference is enormous: robbery is a strike offense carrying up to 5 years in state prison. Grand theft person is a non-strike wobbler. When the prosecution charges robbery for a taking that didn’t truly involve force or fear, fighting for a reduction to grand theft person can be a game-changing defense strategy.

Grand Theft Auto (PC 487(d)(1))

Grand theft auto applies whenever the property taken is an automobile, regardless of the vehicle’s value.⁶ A 25-year-old car worth $800 is still grand theft auto if taken with intent to permanently deprive the owner.

An important alternative charge exists: Vehicle Code Section 10851, unlawful taking of a vehicle, which does not require the intent to permanently deprive. If the evidence suggests you intended to return the vehicle, a VC 10851 charge may be more appropriate than grand theft auto, and the defense implications are significant.

Grand Theft Firearm (PC 487(d)(2))

Let’s be real about something: grand theft of a firearm is in a completely different category from every other form of grand theft. It is always a felony. It cannot be reduced to a misdemeanor. And it is a serious felony under Penal Code Section 1192.7(c)(26), which means it counts as a strike under California’s Three Strikes Law.⁷

If you’re charged with grand theft firearm, you’re not just fighting a theft case. You’re fighting a strike.

Penalties and Consequences

Wobbler Status: Felony vs. Misdemeanor

Grand theft (except for firearms) is a wobbler, meaning the prosecutor decides whether to file it as a felony or a misdemeanor.⁸ This decision is often influenced by the value of the property, your criminal history, the circumstances of the offense, and whether a position of trust was involved.

Charge	Misdemeanor	Felony
PC 487(a) — Value over $950	Up to 1 year county jail; fine up to $1,000	16 months, 2, or 3 years; fine up to $10,000
PC 487(c) — From the person	Up to 1 year county jail; fine up to $1,000	16 months, 2, or 3 years; fine up to $10,000
PC 487(d)(1) — Auto	Up to 1 year county jail; fine up to $1,000	16 months, 2, or 3 years; fine up to $10,000
PC 487(d)(2) — Firearm	N/A (always felony)	16 months, 2, or 3 years; fine up to $10,000

Important note on realignment: Under AB 109, felony grand theft sentences (except grand theft firearm) are served in county jail under Penal Code Section 1170(h), not state prison.⁹ This is a meaningful distinction. Many websites and even some lawyers still reference “state prison” for felony grand theft, but unless you have prior serious or violent felony convictions, your felony sentence would be served locally.

Excessive Taking Enhancements

For high-value thefts, sentence enhancements under Penal Code Section 12022.6 can add significant time:¹⁰

Value Taken	Additional Time
Over $65,000	+1 year
Over $200,000	+2 years
Over $1,300,000	+3 years
Over $3,200,000	+4 years

These enhancements are served consecutively, meaning they’re added on top of the base sentence. A grand theft involving $250,000 in property could carry a base sentence of 3 years plus 2 additional years for the enhancement.

Strike Implications: Grand Theft Firearm

Grand theft firearm (PC 487(d)(2)) is classified as a serious felony under Penal Code Section 1192.7(c)(26).¹¹ Here’s what a strike actually means in practice:

A strike on your record means any future felony conviction carries a presumptively doubled sentence. A second strike means double time. A third strike can result in 25 years to life. This isn’t just about the current case. It’s about what happens for the rest of your life.

All other forms of grand theft (value-based, from the person, auto) are not strikes.

Collateral Consequences of a Grand Theft Conviction

Because grand theft is a wobbler, the felony vs. misdemeanor distinction carries weight far beyond the courtroom. A felony theft conviction creates collateral consequences that can impact your life for years.

Employment

A felony theft conviction is particularly damaging in the employment context. Theft is considered a crime of “moral turpitude,” which means employers in positions involving money, trust, or access to property will almost certainly view it as disqualifying. Even with Ban the Box laws, a felony theft conviction on a background check can end your candidacy for most professional positions.

Professional Licenses

If you hold a professional license in California (real estate, nursing, teaching, accounting, law, contracting, or dozens of others), a grand theft conviction can trigger disciplinary proceedings. Licensing boards treat theft offenses as crimes of moral turpitude, and the consequences range from probation to outright revocation. The difference between a felony and a misdemeanor can determine whether you keep your career.

Immigration

For non-citizens, a grand theft conviction can be devastating. Theft offenses are frequently classified as crimes involving moral turpitude (CIMTs) under federal immigration law, and an aggravated felony theft conviction (generally where the sentence imposed is one year or more) can trigger mandatory deportation with no relief available. Even a misdemeanor theft conviction can create immigration problems. If you are not a U.S. citizen, the immigration consequences of a grand theft charge must be a central consideration in your defense strategy.

Firearm Rights

A felony grand theft conviction results in a lifetime ban on possessing firearms in California.¹² A misdemeanor grand theft conviction does not carry this restriction (unless the property taken was a firearm). For clients who own firearms or whose livelihoods depend on the ability to carry one, the felony vs. misdemeanor distinction is critical.

Housing

Felony convictions, particularly theft-related felonies, make it significantly harder to secure rental housing. Landlords routinely run background checks, and a felony theft conviction is among the most common reasons for denial.

Record Impact

A felony grand theft conviction stays on your record permanently unless you take affirmative steps to address it. California does allow expungement of grand theft convictions under Penal Code Section 1203.4 after successful completion of probation. A wobbler felony can also potentially be reduced to a misdemeanor under PC 17(b) post-conviction, which can restore some of the rights and opportunities a felony takes away.

Defense Strategies for Grand Theft Charges

Now let’s talk about how we actually fight these cases. The right defense strategy depends entirely on the facts of your situation, but here are the approaches we consider when building your defense.

Challenging the Valuation

For value-based grand theft under PC 487(a), the $950 threshold is everything. If the property’s fair market value was $950 or less, the charge must be reduced to petty theft, which is always a misdemeanor under Proposition 47.¹³

The prosecution often inflates value by using retail replacement cost rather than fair market value. Used goods, depreciated electronics, opened merchandise, damaged items: all of these have a fair market value that can be significantly lower than what the prosecution claims. We can, and will, challenge the prosecution’s valuation if the facts support a position to do so, using independent appraisals, depreciation evidence, and comparable sales data.

Lack of Intent to Permanently Deprive

Grand theft requires the specific intent to permanently deprive the owner of the property. What does that look like in practice? Well, if you intended to borrow something and return it, if you believed you would be paying for the item later, or if you took property in the context of a dispute where you genuinely believed you had a right to it, the intent element may not be satisfied.

This defense is particularly relevant in grand theft auto cases. If the evidence shows you intended to return the vehicle, the charge may be more appropriately filed as unlawful taking under VC 10851 rather than grand theft.

Claim of Right

Under CALCRIM No. 1863, a person who takes property under a good faith belief that they have a right to it is not guilty of theft, even if that belief turns out to be wrong.¹⁴ This defense arises frequently in disputes between business partners, former spouses, roommates, and family members where property ownership is genuinely contested.

The belief doesn’t have to be reasonable. It has to be held in good faith. That’s an important distinction.

Consent or Authorization

If the owner gave you permission to take the property, no theft occurred. This defense comes up regularly in employer-employee relationships, business partnerships, and family situations where the boundaries of what you were authorized to do were unclear or never explicitly defined.

Mistaken Identity and Insufficient Evidence

In retail theft and auto theft cases, the prosecution must prove you were the person who committed the theft. We scrutinize surveillance footage quality, challenge witness identification reliability, and examine the chain of evidence. Especially in cases involving crowded stores, parking lots, or situations where multiple people had access to the property, identification can be far weaker than the prosecution suggests.

Wobbler Reduction to Misdemeanor (PC 17(b))

Even if the facts support a grand theft conviction, the felony vs. misdemeanor distinction is a fight worth having. Under Penal Code Section 17(b), a wobbler can be reduced to a misdemeanor at several stages: at the preliminary hearing, at sentencing, or even post-conviction.¹⁵

Factors the court considers include the value of the property (how far above $950), your criminal history (or lack of one), the circumstances of the offense, whether restitution has been paid, and your personal background. For first-time offenders with property values close to the threshold, a reduction to misdemeanor is often achievable with the right advocacy.

Proposition 47 Relief

For cases where the property was valued at $950 or less but was incorrectly charged as grand theft, Proposition 47 (Penal Code Section 490.2) requires the charge to be treated as misdemeanor petty theft.¹⁶ This applies to current charges and also retroactively to prior convictions. If you have an old grand theft conviction where the property was worth $950 or less, you may be eligible to petition for reclassification under PC 1170.18.

Related Charges: Understanding the Differences

Grand theft cases often involve related charges or alternative theories. Understanding the differences helps you see where the real fight is.

Offense	Code Section	Key Distinction
Petty Theft	PC 484/488	Value $950 or under; always a misdemeanor
Robbery	PC 211	Theft accomplished by force or fear; strike offense
Burglary (Second Degree)	PC 459	Entering a structure with intent to commit theft
Receiving Stolen Property	PC 496	Knowing possession of stolen goods
Embezzlement	PC 503	Theft by a person in a position of trust
Unlawful Taking of a Vehicle	VC 10851	Alternative to GTA; does not require intent to permanently deprive
Shoplifting	PC 459.5	Entering a commercial establishment during business hours with intent to steal $950 or less

The distinction between grand theft and robbery is worth emphasizing. Robbery under PC 211 requires force or fear and is always a felony, always a strike. Grand theft does not require force or fear and is a wobbler, non-strike (except firearms). When the prosecution overcharges a grand theft as robbery, challenging that characterization is one of the most impactful things a defense attorney can do.

Facing Grand Theft Charges in San Diego?

Grand theft cases in San Diego often turn on questions that are genuinely debatable: what was the property actually worth, who had the right to it, and what did you intend when you took it. We’ve defended clients facing employee theft allegations built on circumstantial evidence, grand theft auto charges where intent to return was clear, and high-value cases where the prosecution’s numbers didn’t hold up under scrutiny. We know how to challenge valuation evidence, negotiate wobbler reductions, and take these cases to a jury when the facts demand it.

Every day without representation is a day the prosecution works unopposed. The sooner we get involved, the more options are on the table.

The bottom line is this: a grand theft charge does not have to become a felony conviction. You’re entitled to a defense that matches the seriousness of what you’re facing.

Contact our team today for a consultation. We’ll review your case, explain what you’re actually up against, and start building your defense immediately.

References

1. 1. Penal Code, § 484, subd. (a).↑ Penal Code, § 484, subd. (a).
2. 2. Penal Code, § 487.↑ Penal Code, § 487.
3. 3. See <em>People v. Bailey</em> (1961) 55 Cal.2d 514; See CALCRIM No. 1802 [Theft: As Part of Overall Plan].↑ See <em>People v. Bailey</em> (1961) 55 Cal.2d 514; See CALCRIM No. 1802 [Theft: As Part of Overall Plan].
4. 4. See CALCRIM No. 1801 [Theft by Larceny].↑ See CALCRIM No. 1801 [Theft by Larceny].
5. 5. Penal Code, § 487, subd. (a).↑ Penal Code, § 487, subd. (a).
6. 6. Penal Code, § 487, subd. (d)(1).↑ Penal Code, § 487, subd. (d)(1).
7. 7. Penal Code, § 1192.7, subd. (c)(26).↑ Penal Code, § 1192.7, subd. (c)(26).
8. 8. See Penal Code, § 489, subd. (b); Penal Code, § 17, subd. (b).↑ See Penal Code, § 489, subd. (b); Penal Code, § 17, subd. (b).
9. 9. Penal Code, § 1170, subd. (h).↑ Penal Code, § 1170, subd. (h).
10. 10. Penal Code, § 12022.6.↑ Penal Code, § 12022.6.
11. 11. Penal Code, § 1192.7, subd. (c)(26).↑ Penal Code, § 1192.7, subd. (c)(26).
12. 12. Penal Code, § 29800.↑ Penal Code, § 29800.
13. 13. Penal Code, § 490.2 [Proposition 47].↑ Penal Code, § 490.2 [Proposition 47].
14. 14. See CALCRIM No. 1863 [Claim-of-Right Defense].↑ See CALCRIM No. 1863 [Claim-of-Right Defense].
15. 15. Penal Code, § 17, subd. (b).↑ Penal Code, § 17, subd. (b).
16. 16. Penal Code, § 490.2 [Proposition 47].↑ Penal Code, § 490.2 [Proposition 47].