Grand Theft – California Penal Code 487 PC

REQUEST A Free CONSULTATION

Los Angeles Grand Theft Attorney

Grand theft under Penal Code 487 PC is a wobbler offense in California meaning prosecutors can charge it as either a misdemeanor or a felony depending on the circumstances and the defendant’s prior record. How the charge is filed determines everything from the maximum sentence to the long-term consequences for your record, career, and professional licenses. If you have been charged with grand theft in Los Angeles early legal intervention is critical. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against grand theft and theft-related charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

What Is Considered Grand Theft in California Under PC 487?

Grand theft occurs when someone unlawfully takes property belonging to another person with the intent to permanently deprive them of it and the value of the property exceeds $950. The $950 threshold is the most common basis for a grand theft charge but it is not the only one. Under PC 487 a theft automatically qualifies as grand theft regardless of value when the property taken is:

  • An automobile (PC 487(d)(1)) — vehicle theft is always grand theft regardless of the car’s value
  • A firearm (PC 487(d)(2)) — firearm theft is always grand theft and triggers enhanced sentencing
  • Property taken directly from the person of another (PC 487(c)) — pickpocketing and purse snatching qualify as grand theft from a person regardless of value
  • Agricultural or aquacultural products exceeding $250 in value (PC 487(b))
  • Certain fish, shellfish, or other aquatic species with a value exceeding $250

The most frequently charged subsection is PC 487(a) which covers all theft of property or money exceeding $950 not covered by the specific subsections above. Grand theft jewelry, grand theft from a business, and grand theft by fraud or embezzlement all fall under 487(a).

Is PC 487 a Felony or Misdemeanor?

Grand theft under PC 487 is a wobbler — it can be charged as either a misdemeanor or a felony. The decision is made by the prosecutor and is influenced by the value of the property, the specific subsection charged, the defendant’s prior criminal history, and the circumstances of the theft.

Misdemeanor Grand Theft: Up to one year in Los Angeles County Jail, fines up to $1,000, and a misdemeanor conviction on your criminal record. Prosecutors are more likely to charge misdemeanor grand theft for first-time offenders involving property values close to the $950 threshold.

Felony Grand Theft: 16 months, 2 years, or 3 years in state prison and fines up to $10,000. Felony charges are more common when the property value is substantial, when the theft involved a firearm or vehicle, when there is a pattern of theft, or when the defendant has prior theft-related convictions.

Sentence Enhancements Based on Value: When the value of stolen property crosses specific thresholds the base sentence increases by additional consecutive terms even on a felony conviction. One additional year when the value exceeds $65,000. Two additional years when the value exceeds $200,000. Three additional years when the value exceeds $1,300,000. Four additional years when the value exceeds $3,200,000. These enhancements apply regardless of whether the defendant has any prior criminal history.

What the Prosecution Must Prove for a PC 487 Conviction

To convict someone of grand theft the prosecution must establish all four elements beyond a reasonable doubt:

  • The property belonged to someone other than the defendant
  • The defendant took possession of the property without the owner’s consent
  • The defendant intended at the time of the taking to permanently deprive the owner of the property
  • The value of the property exceeded $950 or the property was an automobile, firearm, or was taken directly from a person

Intent and value are the two elements most frequently contested in grand theft cases. If the value cannot be reliably established above the $950 threshold the charge may be reduced to petty theft. If specific intent to permanently deprive cannot be proven the charge may not be sustainable at all.

Defenses to Grand Theft Charges Under PC 487

Challenging the Value of the Property: The $950 threshold is the line between petty theft and grand theft and between a misdemeanor and a felony. Our firm challenges the prosecution’s valuation with independent appraisals and challenges the methodology used to establish value. When the property value cannot be reliably established above the threshold the charge must be reduced to petty theft — a misdemeanor with substantially lower sentencing exposure.

Lack of Intent to Permanently Deprive: Grand theft requires specific intent to permanently deprive the owner of their property. When the defendant intended to return the property, believed they had a right to it, or took it under a genuine misunderstanding of ownership the intent element is not satisfied. Our firm builds this defense through the defendant’s conduct before and after the alleged theft and any communications that establish their state of mind.

Claim of Right: A person who takes property under a genuine and good faith belief that they have a legal right to it cannot be convicted of theft even if that belief was mistaken. When a legitimate ownership dispute, a debt, or a prior agreement underlies the taking our firm presents the claim of right defense through documentation and the surrounding circumstances of the parties’ relationship.

Mistaken Identity and Insufficient Evidence: Many grand theft charges are based on circumstantial evidence, surveillance footage of variable quality, and witness accounts that are subject to challenge. When the evidence connecting the defendant to the specific theft is weak, ambiguous, or based on identification procedures that were unreliable our firm challenges sufficiency directly and holds the prosecution to its full burden of proof.

Contact a Los Angeles Grand Theft Attorney Today

If you have been charged with grand theft in Los Angeles the decisions made in the earliest stages of your case determine whether you face a misdemeanor or a felony, whether the charge can be reduced or dismissed, and what the long-term consequences will be for your record. With over 20 years of experience defending clients against grand theft and theft-related charges throughout Los Angeles County Attorney Hashemi knows exactly how these cases are built and how to fight them. Contact our office today for a free confidential consultation.

Schedule a free Consultation:

We are conveniently located in the Westside Towers serving clients facing grand theft and theft-related charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.