Theft Crime Lawyer in San Diego

Grand Theft Charges

In California, the crime of Grand Theft is punished by California Penal Code § 487, which states in relevant part:

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 four hundred dollars ($400) 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 avocados or citrus fruit 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 avocados or citrus fruit 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, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig

2)A firearm.

Grand Theft is punishable by up to three years in prison per offense charged. Generally, an individual may be convicted of grand theft if they wrongfully obtain:

Anything of value over $400
Any agricultural product or product of the sea valued at over $250,
Any property or service from an employer valued at $950 over one year; or

Or any of the following irrespective of the value:

Property taken from another's person
An Automobile
Firearm
Farm Animal

Given the many types of goods and services that fall under grand theft, the prosecution may charge an individual with the grand theft of nearly almost any object imaginable provided it falls within the minimum monetary values mentioned above. These values are determined by the fair market value at the time of the taking. If the property taken is found to be below the value specified in the statute, the charge may be reduced to misdemeanor petty theft.

In addition to the different items that fall under Penal Code §487, there are a number of ways an individual can be charged under this section as well. Grand theft requires a wrongful taking of the property with the intent to deprive the owner of the value of the item permanently. This taking may be done through larceny, embezzlement, larceny by trick, or taking the property by false pretenses.

Larceny is the most common way to be charged under this section. It requires the taking and carrying away of the property of another without their consent with the intent to deprive them of the value of the property permanently. It is not necessary that you even remove the item from the premises; merely placing the item in a bag or purse will be sufficient for the requirement of "taking and carrying away". Also, permanent deprivation is not necessary either as long as the time win which you held possession of the item was sufficient to deprive the owner of the value of the item. Taking a batch of Charger season tickets from someone and then returning after the first game of the season will suffice for permanent deprivation of the entire batch.
Embezzlement is the unlawfully carrying way of an item that has been lawfully entrusted to you. This most often occurs in an employment situation where it is within your job description to receive property on your employer's behalf, and subsequently fail to deliver the property to your employer. Embezzlement could also occur if a piece of property, a rental car for example, is lawfully leased to you and you retain possession of the property beyond the terms of the lease by failing to return the car upon written demand by the owner.
Larceny by Trick occurs when an individual deceives another into giving them possession of an item but not ownership of the item. For example, if someone requests keys to a vehicle on the false promise that they will return the vehicle, they will have obtained possession to the vehicle. However, because it is still registered in the name of the true owner, they have not obtained ownership.
Obtaining Property by False Pretenses occurs when a person deceives another into giving them possession as well as ownership of an item. This may occur in a transaction for the sale of a valuable item where something of false value is given in exchange. Buying goods with counterfeit money or trading with knock-off goods, for example.

Fighting Grand Theft Charges

Independent of the manner in which the theft is committed, the crime of grand theft under PC § 487 is known as a "wobbler", meaning it could be charged or plead to either as a misdemeanor or a felony offense. In determining how to charge the offense, the court will consider the circumstances of the case such as the monetary loss or harm caused to the victim, as well as the criminal history of the defendant. A misdemeanor offense under Penal Code §487 is punishable by up to one year in county jail while a felony conviction could bring either 16 months, 2 years, or 3 years in state prison, per offense or count charged. Generally, if the value of the property can be shown to be just above the amount needed for grand theft, be it $400, $250, or $950, the court can be persuaded, amid other factors involving your case, to treat the offense as a misdemeanor rather than a felony. If the value of the property undoubtedly exceeds the statutory minimum amount, the prosecution may still be persuaded to charge the offense as a petty theft. This is why it is absolutely crucial if you are arrested and charged under PC §487 that you immediately contact a San Diego criminal defense attorney experienced in handling this delicate negotiation process. A skilled attorney with experience in negotiating these matters will be able to present critical elements of the case, as well as your specific disposition, that the prosecution will consider in the interests of justice in deciding whether to reduce the grand theft charges to a misdemeanor, or dismiss the charges all together.

Given that grand theft is a crime of specific intent; proving that you had the intent to steal will be at the heart of the prosecution's case. This means that you (1) knew the property did not belong to you, and (2) you intended to deprive the rightful owner of the property permanently. Without a showing of intent, the prosecution will not succeed in a conviction under this section. If you reasonably believed that the owner intended for you to have the property, or that your possession was under a legal claim of right to the property via gift or fair commercial transaction between consenting parties, than you cannot be properly convicted for grand theft. A mistaken belief in a legal claim to the property, even if later deemed unreasonable, may negate the required mental state to be convicted of this offense. Additionally, any property discovered by law enforcement that is believed to have been procured by means of grand theft will not be admissible unless law enforcement followed strict guidelines of searches, seizures and arrests set forth by the Fourth Amendment of the Constitution.

The sooner you contract a seasoned attorney with experience in defending against grand theft, the sooner you can begin exploring your options and available defenses unique to your situation. Many times negotiation is key in either having charges under this section reduced or dismissed at a future date. A skilled attorney can work with the prosecution and/or the victim in reaching an agreement to reduce a potential felony offense to a misdemeanor. In a small number of cases, negotiations can result in the court dismissing the charge completely upon recommendation by the victim once the property is returned or restitution to them in paid in full. At The Law Office of Marc S. Kohnen the firm will zealously represent you against any charges you may be facing and provide you with a free consultation to discuss your legal options.

Grand theft is a serious crime. Contact a San Diego theft crime lawyer if you have been arrested and need skilled legal representation.