Grand Theft

There are particular items that will result in being charged with grand theft in California if the property has a value of only $100 they are: 

1. Certain foods, and
2. Real estate (water or oil from another’s property, for instance)

• They involve larceny (the unlawful physical carrying away of another’s property),
• They involve embezzlement (taking something from someone that has been entrusted to you),
• They involve Trickery (deceiving someone into turning over possession, not ownership, of his/her property for a specific purpose), and/or
• Items were taken under false pretenses (making false claims to defraud another out of possession and ownership).

 If the prosecutor presents grand theft enhancements, the jury does not have to determine which one you violated.  All that must be agreed upon is that you are responsible for illegally removing someone’s property. The jury must, unanimously agree as to whether or not you violated Penal Code 487 grand theft.

1. Took another’s property, with the specific intent to either permanently deprive the individual of said property or to deprive the owner of that property for a period of time such that it denied the owner a significant portion of its worth or enjoyment, and

2. That you physically took possession of said property and removed it. You don’t have to remove the item from the owner’s property, so long as the item is removed from the place where its owner stored it.

You can be charged with multiple Grand Theft offenses in the same case, unless they were each part of one common crime. Although it may seem counter-productive that your lawyer would admit that you were guilty of grand theft, doing so could be part of a defense plan to lessen your charges and sentence. This, of course, depends on you individual case.  Conditional on case particulars, there are a broad range of defenses presentable on your behalf, including.

Grand Theft Penalties, Punishment, and Sentencing

Grand theft may occur with a range of other charges, like burglary, robbery, forgery, and/or petty theft. If you were charged with either of these theft-related crimes, your attorney may request a “grand theft” reduction. This would avoid getting a strike against your record. California Penal Code 487 PC grand theft is a "wobbler," meaning that, depending on the particulars of your case, and your criminal background, the charge can be classified as either a misdemeanor or felony.

• Misdemeanor: up to 12 months in jail.
• Felony: 16 months, or two or three years in state prison

Note: Grand theft firearm will always be classified as a felony and will count as a strike.

You could face extra state prison time for the following violations:

• One year, if the property value was over $65,000
• Two years, if the property value was over $200,000
• Three years, if the property value was over $1,300,000, or
• Four years, if the property value was over $3,200,000

It takes a skilled team of attorneys to fight charges of grand theft in California, so call Inland Empire’s grant theft attorney today to schedule your free initial consultation and begin preparing a solid defense.  Rizio & Nelson has specialized grant theft lawyers available to consult with you seven days a week, twenty-four hours a day to help you with California Grand Theft charges.