Theft:  FAQs: California Penal Code Section 487-488

1) What does “knowledge or means of inquiry as to the true owner” mean?

Having “knowledge of the true owner” means that the individual who finds the item should be able to distinguish who the item actually belongs to. However “means of inquiry of who the owner” can be explained as, a reasonable ability to discover who the actual owner is. For example, if an individual finds a cell phone it is reasonable that an individual can find the rightful owner by looking through the phone or calling one of the contacts.

2) What does “without first making reasonable and just efforts to find the owner” mean?

Reasonable and just efforts may seem very subjective, which is why it is vital that you hire an experienced and aggressive criminal defense attorney if you are being charged with P.C. 485. However, some examples of a reasonable effort or just effort are:

• An individual can notify the authorities that an item was found
• An individual may return the item to the front desk of a business
• An individual can place the item in a lost and found of a hotel

3) What is the difference between grand theft and petty theft?

Petty theft is any theft that is not grand theft.  Grand theft is usually charged when the item stolen is valued over $950.  However, grand theft will automatically be charged regardless of the value of the item in the following situations:

• An automobile, also known as grand theft auto
• A firearm, also known as grand theft firearm
• When the property is taken from the person of another
• Certain farm animals like a horse or any bovine animal

4) How is the value of the item or property evaluated?

The item will be evaluated by its fair market value.  “Fair market value” is the highest price the property would reasonably have been sold for in the open market at the time of, and in the general location of, the theft.

There are many different ways to commit theft.  It is critical that you talk to an attorney who will know how to defend your case.  At Wallin & Klarich, our attorneys have over 30 years of experience in handling theft cases.  We will fight to get you the best possible result in your case.  Call us today at (888) 749-0034.  We will be there when you call.