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Grand Theft Charges in California — When the Value Changes Everything

At $951, a theft charge crosses from petty theft into grand theft territory — and with that crossing comes felony exposure, potential state prison time, and consequences that look nothing like the misdemeanor on the other side of the line. Penal Code § 487 covers a range of conduct beyond just value, and the specific facts determine whether the charge is a wobbler — potentially resolved as a misdemeanor — or a straight felony with significant sentencing exposure. At the Law Office of Nic Cocis, we have defended grand theft charges in Riverside County courts for over 25 years, including before the judges and prosecutors at the Southwest Justice Center who handle these matters most frequently.

Defending Grand Theft Cases at the Southwest Justice Center in Murrieta

Penal Code § 487 — Value, Property Type, and the Wobbler Question

Grand theft arises under four separate theories, each with different implications for how the charge is characterized and prosecuted.

Value over $950 — § 487(a).

The most common basis. Property valued at $951 or more, taken with intent to permanently deprive, supports a grand theft charge as a wobbler. Misdemeanor treatment carries up to one year in county jail. Felony treatment carries 16 months, two, or three years in state prison. The prosecutor’s charging decision — and the court’s disposition of a wobbler — depends on the value, the circumstances, and the defendant’s prior record.

Theft of a firearm — § 487(d)(2).

Regardless of value, theft of any firearm is a straight felony. No wobbler option. One of the few categorical rules in grand theft law.

Theft of a motor vehicle — § 487(d)(1).

Vehicle theft is always a straight felony, separate from the vehicle theft statute at § 10851. Both cover vehicle taking but through different legal theories with different sentencing consequences.

Theft from a person — § 487(c).

Taking property directly from another person’s body or immediate presence — picking a pocket, snatching a purse — is grand theft regardless of value. This is distinct from robbery, which requires force or fear, but is still a wobbler carrying the same sentencing range as value-based grand theft.

Sentencing Enhancements for High-Value Theft

Penal Code § 12022.6 adds consecutive sentencing enhancements based on the value of property taken. Taking property worth more than $65,000 adds one year. More than $200,000 adds two years. More than $1,300,000 adds three years. More than $3,200,000 adds four years. In commercial theft schemes, construction equipment theft, or organized retail crime cases where aggregate value is alleged, these enhancements can add years to the base sentence and change the character of the case entirely.

How We Can Help with Grand Theft Charges

The defense depends on the specific theory of the charge. Value-based charges create room to contest the valuation itself — replacement value, fair market value, and the proper method of calculating value for specific property types are all subjects of legitimate dispute. In wobbler cases, the defense also focuses on securing misdemeanor treatment through the evidence and the circumstances.

Contesting the valuation methodology where the $950 threshold is close
Challenging the intent to permanently deprive element
Pursuing misdemeanor treatment for wobbler offenses
Contesting § 12022.6 enhancement allegations in high-value cases
Examining identification and causation evidence
Advising on Three Strikes exposure where applicable

What to Expect When You Work with Us

01

Valuation Analysis

When property value determines the charge level, how that value is calculated matters. Replacement cost, fair market value, and book value can produce meaningfully different numbers for the same item. We examine the prosecution's valuation and challenge it where the methodology doesn't hold up.

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02

Wobbler Treatment

For § 487(a) and § 487(c) charges, we pursue misdemeanor treatment wherever the evidence and circumstances support it. The difference between a misdemeanor and a felony grand theft conviction is measured in years of collateral consequences — employment, housing, professional licensing, and firearms rights.

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03

Enhancement Challenge

Where § 12022.6 enhancements are alleged, we examine the aggregate value calculation and challenge any amounts not supported by the evidence. The difference between a $60,000 loss and a $70,000 loss is a one-year consecutive enhancement — worth contesting carefully.

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04

Negotiation and Trial

Nic Cocis has handled felony theft cases in Southwest Riverside County courts for over 25 years, including high-value commercial theft and organized retail crime matters. We negotiate from a position of knowing the evidence and we try cases when the facts support it.

Two individuals shaking hands over a wooden desk with legal documents, a pen, and a judge's gavel.

Why Choose the Law Office of Nic Cocis?

Felony Theft Experience

Has handled the full range of § 487 charges from vehicle theft to high-value commercial theft

Wobbler Defense Focus

Consistently pursues misdemeanor treatment in eligible grand theft cases

Former DA’s Office Intern

Understands how grand theft cases are evaluated and charged

Multilingual Services

English, Romanian, and Spanish available

Frequently Asked Questions

California courts use fair market value — the price a willing buyer would pay a willing seller in an arm's-length transaction — as the standard for calculating theft value. For items with established retail prices, this is straightforward. For used goods, antiques, custom items, or property with fluctuating value, the determination is less clear and more contestable. Expert opinion on valuation is admissible, and we retain appraisers where the value calculation affects the charge level or the sentencing enhancement.

Yes, in many cases. A wobbler grand theft conviction — § 487(a) or § 487(c) — can be reduced from a felony to a misdemeanor under Penal Code § 17(b) after successful completion of probation or at sentencing. A § 17(b) reduction changes the conviction to a misdemeanor for all purposes, restores certain civil rights, and substantially changes how the record appears on background checks. We advise on § 17(b) eligibility at the beginning of every grand theft case so clients understand their long-term options.

Both are forms of theft under California law, but the distinction lies in the relationship between the parties. Grand theft involves taking property the defendant had no right to possess. Embezzlement involves fraudulently taking property that was lawfully entrusted to the defendant — an employee skimming from a cash register, for example. Both are charged under the general theft statutes, and both can be petty or grand theft depending on value. The embezzlement variant often arises in employment or business contexts and carries the same sentencing exposure as other grand theft.

Facing Grand Theft Charges in Murrieta?

Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

  • Murrieta

  • Menifee

  • Wildomar

  • Canyon Lake

  • Temecula

  • Lake Elsinore

  • Winchester

  • French Valley

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