If you or someone you care about has been arrested for grand theft in Monterey, the consequences of a conviction can be severe. You could face long sentences in county jail or state prison. To improve your chances of a positive result, you should work with an experienced criminal defense lawyer.

At Monterey Criminal Attorney, we have the experience of defending clients accused of grand theft. Our team of dedicated attorneys can take your case and help you fight for the best possible outcome. Do not let your charges ruin your future. Contact us today to schedule a consultation with one of our attorneys.

The Definition of Grand Theft in California

In California, the definition of grand theft is found under Penal Code Section 487. It defines grand theft as taking someone else’s property unlawfully when that property is worth more than $950.

Grand theft can be classified as either a misdemeanor or a felony based on the details of the case and the defendant’s criminal record.

Types of Grand Theft Under PC 487

There are various types of grand theft charges, and each is based on how the theft occurred. The main types of grand theft under California law include:

Grand Theft By Larceny

When grand theft happens through larceny, it involves physically carrying away the stolen items to a different location.

Grand larceny includes these key elements that must be proven beyond a reasonable doubt:

  • Taking someone else’s property worth over $950 without permission
  • Intending to deprive the owner of its enjoyment or value
  • Moving the stolen property a significant distance, even if just for a short time

Grand Theft By False Pretenses (Penal Code section 532)

When someone uses false pretenses to commit grand theft, they intentionally mislead someone by providing false information to gain possession or ownership of their property with their consent.

Recklessly claiming something is true without any proof, not providing important legal information, or making promises without the intention to fulfill them can all be considered ‘false pretenses.’

The prosecution must prove the following to secure a conviction:

  • You knowingly mislead someone using false statements
  • Your deception aimed to convince the owner to hand over their property
  • The value of the property taken was more than $950
  • The property owner relied on the false information you gave them to give up their property.

There also must be:

  • Some form of documentation (a false token) that records how the act happened
  • Two witnesses who witnessed the verbal false pretense
  • One witness, along with another type of evidence

This rule is in place to prevent individuals who legally transfer their property to another person from later changing their minds and accusing the other party of using “false pretenses” to reclaim their property.

Grand Theft by Trick

This type of grand theft is quite similar to grand theft by false pretense but has some key differences. It involves taking possession of property through deceit, where the owner never intended to relinquish ownership. In grand theft by trick, the offender may have used clever tactics to trick the owner into signing away their property without realizing it. In contrast, in grand theft by false pretense, the owner was misled by false information.

To prove grand theft by trick, the prosecutor must establish that the defendant was aware that the property belonged to someone else and knew they did not have permission to take it. If not, it could simply be seen as a mistake or misunderstanding.

Embezzlement

Embezzlement occurs when someone unlawfully takes over $950 that they were allowed to manage on behalf of the owner. The property must be taken or used in a way that benefits the person who was entrusted with it rather than the owner.

There must also be an intention to deprive the owner of their property, whether temporarily or permanently. Even if the person intends to return the stolen property, it does not clear them of wrongdoing, although it might help them receive a lighter sentence later.

Grand Theft Versus Petty Theft

Petty theft and grand theft are similar under California law. They mainly differ based on whether the stolen property is valued above or below $950.

Before the passage of Prop 47 in 2014, grand theft was automatically applied to certain items, including:

  • Firearms
  • Automobiles
  • Valuable animals like horses and pigs

It was also considered grand theft if the property was taken directly from an individual’s person. Currently, these specific factors can still elevate petty theft to grand theft if the defendant has a serious felony or sex crime on their record, regardless of the property’s value.

Typically, stealing a car is classified as grand theft, but if the vehicle is of low value, it may be considered petty theft. Also, if someone embezzled money in several small transactions that total over $950 within a year, it qualifies as grand theft.

Possible Penalties For Grand Theft

In California, grand theft is classified as a ‘wobbler.’ In California, a misdemeanor is less serious than a felony but more serious than an infraction.

The prosecution will determine whether to charge it as a felony or misdemeanor based on the details of the crime and the defendant’s criminal history. If you are charged with a misdemeanor, you might face six months to a year in jail and a fine of up to $1,000. Misdemeanors can also be classified as ‘aggravated’ or ‘gross,’ which can lead to the same jail time and fines if convicted.

An infraction can result in a fine of up to $250, but there is no jail time or probation for this type of offense.

For a felony, such as grand theft, you could be sentenced to 16 months to three years in prison. If the stolen item is a firearm, it can lead to a strike on your criminal record.

Grand Theft of a Firearm

If you are charged with grand theft involving a firearm, it will be a felony charge since there is no option for a misdemeanor. Grand theft of a firearm falls under Penal Code 487 (d) (2). Before November 2014, any theft of a firearm in California was considered grand theft. However, after Proposition 47 was passed, firearm theft is classified as grand theft only if:

  1. The total value of the stolen firearm(s) is at least $950.
  2. The defendant has a previous serious felony conviction, such as murder, rape, or sexual abuse of a child under fourteen. Additionally, if the defendant has a prior sex crime conviction that requires registration under California’s Sex Registration Act, any theft of a firearm will be treated as grand theft.

If a firearm theft does not fit the two conditions mentioned, it could be considered petty theft instead of grand theft. In California, grand theft of a firearm is a felony that can lead to a prison sentence of up to sixteen months or two to three years. It can also result in fines reaching $10,000. To defend yourself against theft of firearms in California, you could claim that you did not intend to steal the firearm. If you lack the intent to steal, you might avoid facing grand theft, firearm charges, or any theft-related charges.

The attorney can also show that the firearm is worth less than $950, which means the theft is not grand theft. Sometimes, prosecutors and police may exaggerate the firearm’s value to secure a grand theft charge. For example, if the stolen gun is an antique, its true value might not be well-known. If the firearm is old, prosecutors might not be able to assess its worth accurately when it is new. Stealing a firearm valued under $950 is considered petty theft, which carries lighter charges than grand theft.

California’s Three-Strike Sentencing Law

In 1994, California introduced the Three Strike sentencing law. This law means that if you are found guilty of another felony and have a previous felony conviction, your prison sentence will be double what it would normally be.

If you have two prior felony convictions and are convicted of another felony, the law requires a sentence of 25 years to life in prison.

Multiple Counts of Grand Theft in One Case

If you face charges for several thefts, you might be charged with multiple counts of grand theft and could be convicted for each one. However, if all the thefts were part of a single plan, you can only be charged with one count.

Retail Theft

If you are convicted of retail theft, the court can impose a two-year restraining order preventing you from entering the store where you committed the theft.

Under PC 496.6, it is a separate crime to possess stolen retail items worth over $950 with the intention to trade, sell, or return them. This offense is known as an unlawful deprivation of a retail business opportunity and is classified as a wobbler.

If charged as a misdemeanor, violating PC 496.6 can lead to up to one year in jail. If charged as a felony, the penalties can be:

  • 16 months,
  • 2 years, or
  • 3 years.

Proposition 36

In 2012, California voters changed the Three Strike Law with two key updates:

  • If you face a new felony charge and have two previous convictions, the new charge must be more serious than the first one for you to obtain a 25-year to life sentence.
  • The update also lets those serving a Three Strike sentence ask the court to reduce their sentence if their conviction would have qualified for a second strike when they were sentenced.

Grand theft can also lead to a sentence enhancement. That means you could get extra prison time based on specific factors related to your conviction.

Penalty Enhancement

Enhancements for grand theft include:

  • An additional year in prison for stealing property worth over $65,000
  • An additional two years for stealing property worth over $200,000
  • An additional three years for stealing property worth over $1,300,000
  • An additional four years for stealing property worth over $3,200,000

Common Defenses for Grand Theft Charges

If you are charged with grand theft, it does not mean you will automatically face prosecution. The prosecutor must prove every part of the crime beyond a reasonable doubt. If you can show that you did not intend to commit the crime, you may avoid grand theft charges.

With the help of an experienced criminal defense lawyer, you can create strong defenses against grand theft allegations.

Lack of Intent

You cannot be found guilty of grand theft if you did not intend to steal. If we can persuade the prosecutor, judge, or jury that you simply made an error or were not paying attention, you may not be convicted.

It is uncommon for someone to take a firearm that is not theirs unintentionally. However, it can happen. Often, we can find surveillance footage that clearly shows your actions were unintentional and not criminal. For example, while shopping at a gun show or sporting goods store, you might forget and leave with a gun.

Similarly, if you were transporting goods for your job, you could mistakenly take home an item valued over $950. In these situations, your criminal defense lawyer can help show your innocence.

Claim of Right

If you took the property believing it was yours – meaning you had a genuine and reasonable belief that it belonged to you – you cannot be convicted of grand theft. This “claim of right” defense holds as long as you honestly believe the property was yours, even if that belief was mistaken.

Defense attorneys typically use evidence like your texts, emails, and witness statements about your discussions regarding the property to support this defense. However, this defense will not work if the property was something you possessed illegally, like drugs.

Owner’s Consent

If the property owner allowed you to take their property, you are not guilty of grand theft. To prove you had permission, we will gather all relevant evidence, which may include:

  • Recorded messages
  • Eyewitness testimonies
  • Video Footage

However, your use of the property must match the consent given. If you were allowed to use the property in a certain way or for a specific reason but used it differently, this defense may not apply.

False Accusations

Many individuals face false accusations, being framed or wrongly arrested for embezzlement and grand theft in California. Often, a failed business deal can lead to these false claims. To prove you are a victim of false accusations, your defense attorney will investigate the accusers by examining their messages, voicemails, and any eyewitness statements about what they said regarding the property.

In many situations, they can challenge the credibility of your accusers and show they had a motive to lie, often using their statements and actions against them.

Unlawful Search and Seizure Operation

Police can search your home or vehicle for evidence of a crime. If the evidence used against you was obtained illegally, you cannot be charged with grand theft. The court will review whether you gave proper consent for the police search. If the court finds that the evidence was obtained unlawfully, it cannot be used in your case.

It Was a Minor Theft Crime

You can lessen the punishment by using this legal defense. Minor theft has lighter penalties compared to grand theft. You could argue that the item’s value was under $950. This could lead to minor theft charges, which would mean a less severe sentence.

Related Offenses to Grand Theft

There is often some overlap in the legal definitions of various theft crimes. Here are a few offenses that are closely linked to grand theft:

Grand Theft Auto — Penal Code 487(d)(1)

According to Penal Code 487(d)(1), it is illegal to take someone else’s car valued over $950. This law defines the crime as taking an action that deprives the owner of a large part of the vehicle’s value.

The prosecutor needs to prove the following in a grand theft auto charge:

  • The defendant took a vehicle belonging to someone else
  • The car’s value is over $950
  • The accused did not have the owner’s permission
  • The defendant intended to keep the car for a long time, thus depriving the owner of its value and use
  • The accused moved and retained the car, regardless of how far or how long

Grand theft auto can be charged as either a misdemeanor or a felony. A misdemeanor conviction can lead to up to one year in jail.

If found guilty of felony grand theft auto, the penalties include:

  • Up to 3 years in prison
  • A fine of up to $10,000

Stealing a high-value car can lead to increased sentences of up to 2 years.

Robbery — Penal Code 211

According to Penal Code 211, robbery is when someone takes another person’s property without their consent, while they are nearby, using force or intimidation. Because it involves force, robbery is classified as a violent crime and is always charged as a felony.

For a successful prosecution of robbery, the prosecutor must prove the following beyond a reasonable doubt:

  1. The accused took someone else’s property.
  2. The property was in the immediate possession of the victim.
  3. The defendant took the property against the victim’s will.
  4. The accused used force or fear to stop the victim from resisting.
  5. The defendant intended to permanently or significantly deprive the victim of their property.

Robbery can lead to a prison sentence of up to 9 years.

Unlike grand theft, robbery under Penal Code 211 is considered a serious offense under the Three Strikes Law. You should hire an experienced attorney who can argue to reduce the charges to grand theft or a lesser crime.

Petty Theft — Penal Code 484(a)

The key difference between petty theft and grand theft is the value of what was stolen. If you are charged with grand theft, the court may lower the charges to petty theft if you can show that the stolen item’s value is under $950. However, some exceptions allow for grand theft charges regardless of the item’s value.

Petty theft is classified as a misdemeanor. If convicted, you may face these penalties:

  • Up to 6 months in county jail
  • A fine of up to $1,000

A petty theft conviction will not impact your gun rights, but it could affect your immigration status, especially if you used deceit to commit the crime. An offense is considered a crime of moral turpitude if the defendant intended to deceive the victim.

Despite this, petty theft is still a less serious crime than grand theft. You should have a skilled attorney to help protect your rights and achieve the best possible outcome.

Burglary

Burglary happens when someone breaks into another person’s home or property with the plan to commit a crime, like theft. If someone steals from a car, it is called auto burglary. If you are accused of grand theft or burglary after entering a building, home, or vehicle to commit a crime, you can be charged with both.

Even if you tried to steal but did not succeed, you could still be charged with attempted grand theft and burglary if you entered the property with that intention. Burglary is a serious crime, and the maximum penalty can be three years in county jail. If the property was occupied when the crime happened, the sentence can increase to six years.

In California, if you commit burglary using explosives to access a safe or vault, you could face a seven-year prison sentence.

Find a Criminal Defense Lawyer Near Me

Grand theft is a serious offense with heavy penalties. Unforeseen situations might lead to legal troubles where you need to defend yourself and show your innocence. Fortunately, you have various legal options to contest these charges. If you are facing such accusations, you should consult a knowledgeable criminal defense lawyer who can represent you before the court.

At Monterey Criminal Attorney, our team is dedicated to helping you fight the grand theft charges against you. With our expertise and experience, we are ready to provide the support you need. Call us today at 831-574-1791 to learn how we can help you achieve the best possible result for your case.