What is Felony Grand Theft in California?
In California, grand theft is the theft of property valued at $950 or more, which is considered a serious offense. Felony grand theft, in particular, is a criminal charge that carries more severe penalties than petty theft or misdemeanor grand theft.
What Constitutes Felony Grand Theft in California?
Felony grand theft is defined in California Penal Code (PC) section 487, which states that any person who unlawfully takes, conceals, borrows, or appropriates property that belongs to another person, and the value of the property is $950 or more, is guilty of felony grand theft.
Key Elements of Felony Grand Theft
For a conviction of felony grand theft, the prosecution must prove the following elements:
- The value of the property is $950 or more: This is a critical element, as grand theft becomes a felony only when the property’s value exceeds $950.
- The defendant took, concealed, borrowed, or appropriated the property: The prosecution must show that the defendant engaged in some form of illegal activity to obtain the property.
- The property belonged to another person: The property must belong to someone else, as the owner’s consent is not a valid defense.
- The defendant acted with the intent to permanently deprive the owner of the property: The prosecution must demonstrate that the defendant intended to keep the property for themselves, sell it, or otherwise deprive the owner of it permanently.
Types of Property that can be the Subject of Felony Grand Theft
Felony grand theft can involve various types of property, including:
- Valuables: Jewelry, cash, watches, and other valuable items
- Electronic devices: Computers, smartphones, tablets, and other electronic devices
- Vehicles: Cars, trucks, motorcycles, and other vehicles
- Livestock: Cattle, horses, and other animals
- Agricultural products: Fresh produce, livestock, and other agricultural products
Penalties for Felony Grand Theft
Felony grand theft is punishable by:
- 2, 3, or 5 years in state prison: The sentence length depends on the specific circumstances of the case.
- A fine: The fine can range from $10,000 to $50,000, depending on the value of the stolen property.
- Restitution: The defendant may be ordered to pay restitution to the victim(s) for the full value of the stolen property.
Defenses Against Felony Grand Theft Charges
While the prosecution bears the burden of proving guilt beyond a reasonable doubt, there are several defenses that may be available to a defendant charged with felony grand theft:
- Lack of intent: The defendant may argue that they did not intend to permanently deprive the owner of the property.
- Consent: If the owner consented to the transfer of the property, it may be a valid defense.
- Mistake: The defendant may claim that they believed the property was abandoned or owned by someone else.
- Duress: The defendant may argue that they were forced to commit the theft under duress.
Table: Felony Grand Theft Penalties
| Value of Property | Penalty |
|---|---|
| $950 or more | 2, 3, or 5 years in state prison, fine up to $50,000, restitution |
| $20,000 or more | 3, 5, or 7 years in state prison, fine up to $50,000, restitution |
Conclusion
Felony grand theft is a serious criminal charge in California that carries severe penalties. It is essential for individuals to understand the law and the potential consequences of being charged with felony grand theft. If you have been accused of felony grand theft, it is crucial to consult with a criminal defense attorney who can help you navigate the legal system and develop a defense strategy.
