Theft – FAQs – California Penal Code Section 484-488

1) 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

2) 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.

3) What if I thought the item was mine?
This is a valid defense to a charge of theft.  Theft crimes require specific intent.  You must have intended to take a property that you knew was not yours.  Therefore, having a reasonable belief that the property belonged to you can be used as a defense.

4) What is asportation?
The term “asportation” refers to the item being carried away.  This is a requirement in a theft charge.   Asportation requires three things:
1.    The goods are severed from the possession of the owner,
2.    The goods are in the complete possession of the thief or thieves, AND
3.    The property is moved, however slightly.