If you’re facing grand theft charges in California under Penal Code 487(a), it’s essential to take immediate action to defend yourself. Grand theft, defined as the unlawful taking of property valued over $950, is a serious offense that carries severe penalties, including the possibility of felony charges and state prison time. The sooner you secure a criminal defense attorney., the better your chances of protecting your rights, building a solid defense, and achieving the best possible outcome.
What is the Grand Theft Under California Penal Code 487(a)
California Penal Code 487 (a) states that grand theft occurs when the value of property taken, whether it be money, services, real property, or personal property, exceeds $950. This section applies to most standard theft cases where the value threshold is the main factor in determining whether the offense qualifies as grand theft rather than petty theft (under $950). The law is intended to distinguish more serious thefts that involve higher-value losses, which also will carry harsher penalties, including the possibility of a felony charge.
Grand theft under 487(a) can apply to a wide range of theft scenarios, such as shoplifting, fraud, or embezzlement, provided the value of what was stolen surpasses the $950 limit. This statute forms the basis for many property crime prosecutions in California and is a key provision in how theft cases are charged and penalized.
Intent Element Required for Grand Theft Cases
The most critical element the Prosecution must prove in grand theft cases is intent. Grand theft is classified as a specific intent crime, which means that it’s not enough for the prosecution to show that property was taken, they must also prove that the accused specifically intended to unlawfully take property valued at more than $950. This particular mental state must be proven beyond a reasonable doubt to the jury in order to secure a conviction.
The element of intent can be great for the defense team to try to negate, as there are several scenarios in which intent could be legally challenged. For instance, if the accused did not intend to permanently deprive the rightful owner of the property, or if they had an honest and reasonable mistaken belief that the item belonged to them, then the act may not have had the specific intent necessary to meet the legal definition of grand theft under California law. In such situations, what may initially appear to be theft could instead be a simple mistake or a civil dispute over ownership.
By building a strong legal defense that calls into question whether you had the specific intent to commit theft, we may be able to significantly weaken the prosecution’s case. If you can successfully raise reasonable doubt regarding your intent, you could avoid a grand theft conviction altogether. Always consult with your California grand theft attorney in order to evaluate your situation to provide the best defense tactics for your case.
Penalties for Grand Theft in California
Grand theft is treated as a more serious offense than petty theft and carries significantly harsher penalties. In California, grand theft is classified as a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or a felony. The way it is charged is up to the discretion of the Prosecutor, who usually takes into consideration the specific circumstances of the case and the value of the stolen property. A misdemeanor conviction may result in up to one year in county jail, along with fines up to $1,000 and probation. A felony conviction, on the other hand, can lead to a sentence of 16 months, two years, or three years in state prison and may count as a strike under California’s “Three Strikes” law. Due to the serious nature of the punishments, it is important to have an experienced criminal defense team by your side to fight for the most favorable outcome possible.
Contact An Experienced California Grand Theft Defense Attorney Today!
If you’ve been charged with grand theft under California Penal Code 487(a), it’s critical to act quickly and begin building a strong defense. At our The Law Office of Nicolai Cocis, we bring over 25 years of experience successfully defending clients against grand theft charges throughout the state of California. Many of our cases have resulted in charges being reduced, dismissed, or even fully acquitted at trial. Our legal team understands how to challenge the evidence, expose weaknesses in the prosecution’s case, and present compelling defenses that create reasonable doubt. Contact us today to maintain your rights and protect your future.
