Posted on June 3, 2018

What is the Punishment for Grand Theft? California PC 487

Grand theft is charged under penal code 487 pc making it unlawful to take and carry away property of another with an amount exceeding $950.[1] If the property amount is at or below $950, then the charge is petty theft and/or shoplifting. Ordinarily, grand theft can be charged along with other offenses that may have been committed. For instance, burglary, robbery, embezzlement, or check fraud. The punishment for grand theft will depend on whether you were convicted of a felony or misdemeanor.

Felony grand theft is punishable up to 3 years in the county jail. The court will ordinarily impose a lengthy period of incarceration when someone has a criminal history and/or the property amount taken is very aggravating. However, since the court imposes “local time,” you may be eligible to receive a split sentence – e.g., you could spend 6 months in jail, and 2.5 years on supervised release. In the event you are sentenced to probation, the court will usually impose a 3 year period, and mandate community service, search conditions, and order restitution.

Misdemeanor grand theft carries up to 1 year in the county jail. A person will not likely be sentenced to serve this full period unless they suffer from a criminal history. Like felony grand theft, the penalties can be less the more you pay the restitution amount since it is seen as subsequent mitigating conduct. Misdemeanor grand theft will carry a period of summary probation and you may be ordered to complete community services.

Contact Us to Schedule a Free Consultation

If you have been arrested, charged, or are under investigation for grand theft under PC 487, then contact an experienced Orange County criminal defense attorney at the Law Offices of John D. Rogers. Call us today to schedule a free confidential consultation about your rights and defenses.

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Legal Footnotes:

[1] Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).

(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

(1) An automobile.

(2) A firearm.

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