Theft Overview – California Penal Code Section 484-488

California law defines theft as the unlawful taking of someone else’s property with the intent of keeping it permanently, but also as fraudulently taking property that has been entrusted to you; defrauding someone using false representations or pretense; taking property by false premises; larceny; embezzlement; and larceny by trick and device.  See California Penal Code Section 484.  Theft crimes can be either charged as grand theft or petty theft. Speaking to an experienced Orange County theft attorney can help determine exactly what charges you are facing and if there is any possibility of having those charges reduced or dismissed.

Grand Theft- California Penal Code Section 487

Under California Penal Code Section 487, grand theft is the theft of another person’s property in which the value of the property exceeds nine hundred and fifty dollars ($950).

Grand theft can also be when money, labor, or real or personal property is taken by an employee from his or her employer and the total value of what was taken was nine hundred and fifty dollars ($950) or more in any 12 consecutive month period.  See California Penal Code Section 487(b)(3).

Theft of certain property will result in an automatic charge of grand theft, regardless of the value of the item, such as:
•    Theft of an automobile, also known as grand theft auto
•    Theft of a firearm, also known as grand theft firearm
•    When the property is taken from the person of another, also known as grand theft of a person
•    Theft of certain farm animals like a horse or any bovine animal or caprine animal

There are certain property items that can be considered grand theft if the value of items exceed two hundred and fifty dollars ($250).  The following items listed below are a few examples:
•    Converting real estate of another and making it your own, i.e., taking water, mineral, or oil from another person’s property and using it for yourself.  See California Penal Code Section 487a.
•    Certain foods, i.e., domestic fowls, avocados, citrus fruits, aquacultural produce such as fish, mollusks, etc.

Grand theft is considered a “wobbler,” which means that the prosecution has the ability to charge the crime as a misdemeanor or a felony. Follow the link for a specific breakdown of the punishments for grand theft in California.

Petty Theft – California Penal Code Section 488

Under California Penal Code Section 488, petty theft is any theft that is not grand theft.  Generally, a theft of an item where the value does not exceed nine hundred and fifty dollars ($950) will be charged as petty theft.  In certain circumstances, individuals who are charged with grand theft may be able to get a plea bargain reducing the charge of grand theft to a petty theft conviction.

Petty theft is a misdemeanor offense.  Please see our section on punishments for theft to get a specific breakdown of potential sentences you could receive if convicted of petty theft.

Theft charges are serious.  If you or a loved one has been charged with theft, it is important that you talk to an experienced criminal defense attorney.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters, including theft cases.  Our knowledgeable attorneys will aggressively defend your rights and fight to get you the best possible result.  Call us today at (888) 749-0034.  We will be there when you call.