Is pc 487 a felony or misdemeanor?

Is PC 487 a Felony or Misdemeanor?

California Penal Code (PC) 487 is a statute that outlines the crime of grand theft. In this article, we will delve into the details of PC 487, exploring whether it is a felony or misdemeanor.

What is Grand Theft (PC 487)?

Grand theft, as defined in PC 487, is the theft of property with a value of $950 or more. This crime is considered a more serious offense than petty theft, which is the theft of property with a value of less than $950.

Is PC 487 a Felony or Misdemeanor?

PC 487 is a wobbler, which means it can be charged as either a felony or a misdemeanor, depending on the circumstances of the case. The District Attorney (DA) will decide which level of charges to file based on factors such as:

• The value of the stolen property
• The defendant’s criminal history
• The presence of any aggravating or mitigating circumstances

Felony PC 487

If the value of the stolen property is $950 or more, the DA may choose to charge the defendant with felony grand theft (PC 487(a)). Felony grand theft is punishable by:

• 2, 3, or 5 years in state prison
• Fines of up to $10,000
• Restitution to the victim

Misdemeanor PC 487

If the value of the stolen property is less than $950, the DA may charge the defendant with misdemeanor grand theft (PC 487(b)). Misdemeanor grand theft is punishable by:

• Up to 1 year in county jail
• Fines of up to $1,000
• Restitution to the victim

What are the Elements of Grand Theft (PC 487)?

To prove grand theft, the prosecution must establish the following elements:

• Theft: The defendant took someone else’s property without their consent.
• Property: The property taken was of value.
• Value: The value of the property taken was $950 or more (felony) or less than $950 (misdemeanor).
• Intent: The defendant took the property with the intent to permanently deprive the owner of it.

Examples of Grand Theft (PC 487)

• Stealing a bicycle worth $1,200 from a store
• Taking a laptop computer worth $800 from an office
• Swiping a diamond necklace worth $3,000 from a jewelry store

Defenses to Grand Theft (PC 487)

While the prosecution must prove all the elements of grand theft, the defendant may raise several defenses to avoid conviction:

• Lack of intent: The defendant did not intend to permanently deprive the owner of the property.
• Consent: The owner of the property gave the defendant permission to take it.
• Mistake: The defendant believed the property was abandoned or was mistakenly taking it.
• Duress: The defendant was forced to take the property by someone else.

Conclusion

PC 487 is a statute that outlines the crime of grand theft in California. Depending on the value of the stolen property, the DA may charge the defendant with either a felony or a misdemeanor. Understanding the elements of grand theft and the potential defenses can help individuals navigate the legal system and avoid conviction.

Table: PC 487 Punishments

Bullets: Defenses to Grand Theft (PC 487)

• Lack of intent
• Consent
• Mistake
• Duress