What is Grand Theft in California?
Grand theft is a serious criminal offense in California that involves the theft of property valued at $950 or more. It is a felony crime that can result in severe consequences, including imprisonment and fines. In this article, we will explore the definition of grand theft in California, its different types, and the penalties associated with it.
Definition of Grand Theft in California
California Penal Code (CP) 487: Grand theft is defined as the felonious taking of personal property or money, real or personal, from another person, or from a business, with the intent to permanently deprive the owner of the property or money. The property or money taken must be valued at $950 or more to qualify as grand theft.
Types of Grand Theft in California
There are several types of grand theft in California, including:
- Grand Theft of a Vehicle (CP 487a): The theft of a vehicle, including cars, trucks, motorcycles, and bicycles, with a value of $950 or more.
- Grand Theft of a Firearm (CP 487b): The theft of a firearm, including handguns, rifles, and shotguns, with a value of $950 or more.
- Grand Theft of a Bicycle (CP 487c): The theft of a bicycle with a value of $950 or more.
- Grand Theft of a Vehicle Part (CP 487d): The theft of a vehicle part, such as a catalytic converter, with a value of $950 or more.
Elements of Grand Theft in California
To prove grand theft in California, the prosecution must establish the following elements:
- The property or money taken was owned by another person or business: The property or money taken must have belonged to someone else or a business.
- The property or money was taken with the intent to permanently deprive the owner: The perpetrator must have intended to keep the property or money for themselves or sell it without returning it to the owner.
- The value of the property or money taken was $950 or more: The property or money taken must have been valued at $950 or more to qualify as grand theft.
Penalties for Grand Theft in California
The penalties for grand theft in California depend on the value of the property or money taken and the perpetrator’s criminal history. The penalties can include:
- Imprisonment: Up to one year in county jail or state prison.
- Fines: Up to $10,000.
- Restitution: The perpetrator may be ordered to pay restitution to the victim for the value of the property or money taken.
Table: Penalties for Grand Theft in California
| Value of Property/Money | Imprisonment | Fines | Restitution |
|---|---|---|---|
| $950 or more | Up to one year | Up to $10,000 | Up to $10,000 |
Defenses to Grand Theft in California
There are several defenses to grand theft in California, including:
- Lack of Intent: The perpetrator may argue that they did not intend to permanently deprive the owner of the property or money.
- Mistake of Fact: The perpetrator may argue that they believed the property or money belonged to them or was legally theirs.
- Duress: The perpetrator may argue that they were forced to commit the crime under duress or threats.
Conclusion
Grand theft is a serious criminal offense in California that can result in severe consequences, including imprisonment and fines. It is essential to understand the definition, types, and penalties associated with grand theft in California to ensure that you are aware of the laws and consequences. If you have been charged with grand theft in California, it is essential to seek the advice of a criminal defense attorney to ensure that your rights are protected.
