Monique Bell impersonated another person and used that person’s personal information on a rental application. Ms. Bell failed to pay her rent on time and the apartment management evicted Ms. Bell for being delinquent in paying rent. At trial, Ms. Bell was convicted of grand theft.
Under Penal Code section 487, grand theft is generally defined as when a person steals property or services worth more than $950. Even if the item stolen is less than $950, it can still be grand theft if the item stolen is an automobile, a firearm, or a horse. Theft of property from the person is grand theft, no matter how much the property is worth. Theft is from the person if the property taken was in the clothing of, on the body of, or in a container held or carried by, that person.
In order for there to be a taking from a person, the property must, in some way, be physically attached to the person. For example, a purse taken from the passenger seat next to the driver was not a taking from the person. However, a defendant taking a purse placed on the floor next to and touching the victim’s foot has been held sufficient to establish a taking from the person. The victim intentionally placed her foot next to her purse, physically touching it and thereby maintaining dominion and control over it.
Grand theft is considered a “wobbler,” which means the prosecution may charge a defendant with a felony or a misdemeanor depending on the facts and circumstances of the crime. A misdemeanor conviction of grand theft is punishable by imprisonment for up to one year in county jail. However, a felony conviction of grand theft is more server and is punishable by imprisonment for up to three years in state prison.
If you or a loved one is facing a charge of grand theft, it is important that you speak with an experienced Southern California attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of theft cases. Our attorneys will fully inform you of your options as they navigate through the complex court system for you. Call us today at (888) 280-6839 or visit us at www.wklaw.com. We will be there when you call.
