Grand Theft: California Penal Code 488

Los Angeles Grand Theft and Grand Theft Auto

Charged with Grand Theft in California? Call Our Criminal Defense Law Firm

Too many people believe that theft is not a serious crime - after all, theft does not involve causing physical harm to others, so the penalties should not be severe. However, like all criminal charges, you should always take theft charges extremely seriously. Authorities in California aggressively pursue convictions for anyone suspected of theft, and the law provides for potentially harsh penalties for convicted offenders. This is especially true if you face charges for grand theft or grand theft auto, both of which could land you in prison for years.

Both grand theft and grand theft auto convictions can have lasting effects on your life. Counsel can examine the value, ownership, intent and any separate allegations, then pursue the defense or negotiated disposition supported by the evidence; no result is guaranteed. At The Law Offices of David S. Chesley, our team of highly skilled theft defense lawyers aims for the best outcome based on the circumstances of every case. We have many defense tools and strategies to protect your rights, defend against your charges, and reduce the consequences you face as much as possible. If you have been arrested or charged with a crime, please call 800-755-5174 or contact us online without hesitation.

Grand Theft and Grand Theft Auto Allegations

Under California law, “theft” involves the taking of another person’s property without authority. Many acts fall into the theft category, including stealing, shoplifting, embezzlement, and fraud. The law allows penalties for theft that include probation, restitution, fines, and even jail time.

California Penal Code 487 provides certain circumstances under which regular theft charges can be escalated to charges of “grand theft.” Some of those circumstances include:

• The value of the stolen property was more than $950
• The value was more than $250 and the property involved domestic fowl, fruits or vegetables, other farm crops, or aquacultural products
• An employee took property with an aggregate value of at least $950 from an employer during any 12 consecutive months
• The property was taken from the person of another (e.g., pickpocketing)
• The stolen property was an automobile or a firearm

Section 487(d) names an automobile as a grand-theft category, often called “grand theft auto.” But section 490.2 generally treats theft of property worth no more than $950 as petty theft despite section 487, subject to statutory exceptions; the firearm rule is different. Vehicle identity, value and the charged theory therefore matter.

Stealing an automobile - for even a short period of time - is also against California law under Vehicle Code 10851. This law specifically focuses on the theft of a vehicle and applies to the following situation:

• You take or drive another party’s vehicle without consent
• You intended to deprive the owner of their possession of the vehicle, either temporarily or permanently

Note that it does not matter whether or not you intended to permanently steal a car. You can be charged under Vehicle Code 10851 even if you only took the car to drive it for a short time and then intended to return it, which is often called “joyriding.” Section 10851 requires proof of taking or driving without consent and the required intent to deprive the owner of possession temporarily or permanently; a brief drive alone does not resolve those elements. If prosecutors believe you intended to keep the car for a longer period of time or permanently, you may also face charges of grand theft auto under Penal Code 487.

Whether you face charges of grand theft or grand theft auto under the Penal Code, Vehicle Code, or both, you need the right defense representation on your case as soon as possible. Your very first call should be to a skilled grand theft defense attorney at The Law Offices of David S. Chesley.

Related Offenses to Grand Theft and Grand Theft Auto

In many cases, grand theft charges will be associated with or accompanied by other criminal charges. There are several offenses related to grand theft, which may include:

• Petty theft (Penal Code 484) - If there is a dispute over the value of the stolen property, and a judge or jury determines the value was $950 or less, section 490.2 may require petty-theft treatment subject to its exceptions. This conviction comes with reduced penalties than with grand theft, though the penalties can be more severe if you have certain prior convictions.
• Grand theft firearm (Penal Code 487) - Like grand theft auto, this is not its own offense, but a subsection of grand theft. However, grand theft firearm has specific penalties and is always charged as a felony and is a strike under the California Three Strikes Law.
• Burglary (Penal Code 459) - Burglary concerns an entry with intent at that time to commit theft or another felony; a forced or unauthorized entry is not itself required. The charge turns on the entry, place and provable intent, not simply whether property was later taken.
• Forgery (Penal Code 470) - Many theft crimes involve fraud, including falsifying documents, signing another person’s signature without permission, and similar acts. These can result in forgery charges in addition to grand theft charges.
• Misappropriation of public funds (Penal Code 424) - If the money stolen came from government funds, this serious charge may apply. This often occurs when a government employee is accused of embezzlement or similar theft crimes.
• Robbery (Penal Code 211) - This is perhaps one of the most serious theft-related crimes, as it involves taking money or property from another person by force or threat of force, often involving a deadly weapon. Robbery is a felony and counts as a strike under our state’s Three Strikes Law. Therefore, it is extremely important to have the right attorney work to get robbery charges reduced or dismissed.

Potential Penalties for Grand Theft Convictions

Grand theft is a charge known as a “wobbler” in California, which means a prosecutor has the discretion to charge grand theft as a misdemeanor or felony in many cases. Prosecutors often base this decision on the value of property stolen, the extent of the theft scheme, and whether you have any prior convictions. Grand theft of a firearm has a separate felony state-prison rule under section 489(a). A vehicle allegation needs its own charge analysis: Vehicle Code section 10851(b) specifies felony treatment for particular emergency or disability-adapted vehicles only when its additional conditions are met, including the emergency-call and knowledge conditions where applicable. An ordinary automobile is not automatically subject to that special subdivision.

In any case, charges can expose you to serious and lasting consequences. Here are some of the potential consequences associated with a grand theft charge:

• Misdemeanor grand theft – up to one year in county jail
• Felony grand theft – generally a 16-month, two-year or three-year base term under section 1170(h), subject to applicable county-custody rules or a statutory exception; grand theft of a firearm has its own state-prison rule

A separately charged felony loss allegation under current section 12022.6 can add a term if the statute applies and the amount is admitted or found true. A valuation alone does not automatically increase a sentence.

The current section 12022.6 loss or property-value tiers for a qualifying felony are:

• One additional year when qualifying loss or property value exceeds $50,000
• Two additional years when qualifying loss or property value exceeds $200,000
• Three additional years when qualifying loss or property value exceeds $1 million
• Four additional years when qualifying loss or property value exceeds $3 million; section 12022.6 addresses additional $3 million increments separately

A series of transactions can raise both count and aggregation questions. For example, five alleged takings from an employer may appear in a complaint as separate acts, while section 487(b)(3) can aggregate employee takings during any 12 consecutive months and section 487(e) addresses related acts. Whether acts form one offense, multiple counts or a common scheme depends on the evidence and charging rules; counsel can test the dates, ownership, values and transaction records.

It is important to know that our attorneys regularly engage in skilled plea bargaining to obtain a reduction of a client’s charges. This can mean reducing a felony to a misdemeanor or a Three Strikes offense to a non-strike offense. This can also result in a lesser sentence and may prevent a conviction on your record.

Contact Our Experienced Los Angeles Grand Theft Defense Lawyers Today

When you are facing grand theft or grand theft auto, you should not wait to consult with The Law Offices of David S. Chesley. Our attorneys can review the charged theory, valuation and records and discuss available defense or negotiation options; past outcomes do not determine a new case. Call today at 800-755-5174 or contact us online to discuss your case for free.