THEFT & PROPERTY LAW — CALIFORNIA
Grand Theft in California — PC §487 Explained
Grand theft under PC §487 is a wobbler — it can be charged as a misdemeanor or felony. Property worth more than $950, firearms, and automobiles all qualify as grand theft regardless of how the theft occurred.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
Quick Reference
Grand Theft California — At a Glance
- Law / Code
- PC §487
- Classification
- Wobbler — Misdemeanor or Felony
- Maximum Penalty
- Up to 1 year jail (misdemeanor) / 16 months–3 years prison (felony)
- Probation Eligible
- Yes
- Strike Offense
- No
What Is Grand Theft California Under California Law?
Legal Framework. Grand theft under PC §487 occurs when the value of stolen property exceeds $950, when the theft is directly from another person's body (grand theft person), when the property is a firearm or automobile regardless of value, or when the property is certain agricultural commodities. Grand theft is a wobbler in California — the prosecutor has discretion to charge it as either a misdemeanor or a felony based on the circumstances, prior record, and value of the property.
The Prosecution's Burden. Grand theft auto (GTA) under PC §487(d)(1) is theft of a vehicle and is charged as a felony. It differs from carjacking (PC §215) in that GTA involves taking the vehicle without the owner present or without force or fear. Grand theft firearm under PC §487(d)(2) is always a felony.
Potential Consequences. The distinction between grand theft and burglary is important — burglary under PC §459 requires entering a structure with the intent to commit theft or a felony inside. Grand theft has no entry requirement — it can occur anywhere. However many theft cases involve both charges.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §487
To convict under PC §487, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant took property belonging to another person
The property was taken without the owner's consent
At the time of taking the defendant intended to permanently deprive the owner of the property
The value of the property exceeded $950, OR the property was a firearm, automobile, or taken directly from another person's body
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for Grand Theft California in California
Misdemeanor
Up to 1 year county jail, $1,000 fine, probation, restitution.
Felony
16 months, 2 years, or 3 years in state prison or county jail. Grand theft firearm: 16 months–3 years state prison (not county jail). Sentence enhancements for prior theft convictions.
Additional Consequences
- Restitution mandatory
- Immigration — crime of moral turpitude
- Professional license consequences
- Enhanced penalties for theft from elders (PC §368)
05 — Defense Strategies
How Rubin Law Defends Grand Theft California Charges
Rubin Law, P.C. attacks the elements of PC §487 and drives outcomes that avoid conviction where possible.
Challenge the Value
The $950 threshold between petty theft and grand theft is determined by the fair market value of the property at the time of the taking — not retail price, replacement cost, or sentimental value. We hire appraisers and challenge prosecution valuations aggressively. Reducing value below $950 converts a grand theft felony to a petty theft misdemeanor.
U.S. Const. amend. IV
Claim of Right
A sincere belief that the defendant had a right to the property — even if legally incorrect — negates the criminal intent required for theft. Claim of right is a complete defense when the belief was genuine.
17 CCR §1219.3
Negotiate Misdemeanor Treatment
As a wobbler the prosecutor has discretion to charge grand theft as a misdemeanor. We present compelling mitigation — clean record, borderline value, cooperation, restitution — to argue for misdemeanor charging and avoid a felony conviction.
NHTSA SFST
Challenge Identification
Theft cases often rely on eyewitness identification, surveillance footage, and loss prevention testimony. We challenge identification evidence rigorously at every stage.
VC §23152
Challenge Chain of Custody
For property evidence — especially in commercial theft cases — we challenge whether the prosecution can prove the property allegedly stolen matches the property in evidence.
17 CCR §1219.1
Diversion
Even felony grand theft cases may qualify for diversion programs in appropriate circumstances. We pursue every diversion opportunity to avoid a felony conviction on an otherwise clean record.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — Grand Theft California
What is the value threshold for grand theft in California?
In California property worth more than $950 qualifies as grand theft under PC §487. Property worth $950 or less is petty theft under PC §488. Certain categories are always grand theft regardless of value: firearms under PC §487(d)(2), automobiles under PC §487(d)(1), and property taken directly from another person's body (grand theft person). The value threshold is determined by the fair market value of the property at the time of the taking — not its retail price or replacement cost.
Is grand theft auto a felony in California?
Yes. Grand theft auto (GTA) under PC §487(d)(1) is a felony in California carrying 16 months, 2 years, or 3 years in state prison or county jail. It differs from carjacking (PC §215) in that GTA does not involve force or fear — the vehicle is taken without the owner present. Joyriding — taking a vehicle for temporary use without intent to permanently deprive the owner — is a lesser offense under VC §10851.
Can grand theft be reduced to a misdemeanor?
Yes. Grand theft under PC §487 is a wobbler — the prosecutor can charge it as a misdemeanor based on the circumstances. Additionally even when charged as a felony, grand theft can be reduced to a misdemeanor at sentencing under PC §17(b) if the judge decides to exercise that discretion. A defense attorney can argue for misdemeanor treatment at both the charging and sentencing stages.
What is grand theft person in California?
Grand theft person under PC §487(c) occurs when property is taken directly from another person's body — from their hand, pocket, purse, or person. It does not require force or fear (which would make it robbery under PC §211). It is grand theft regardless of the value of the property taken. Grand theft person is a wobbler carrying up to 3 years in prison as a felony.
How does grand theft affect professional licenses in California?
Many professional licensing boards in California require disclosure of criminal convictions and consider theft offenses in licensing decisions. Theft convictions can affect nurses, real estate agents, financial advisors, contractors, teachers, and other licensed professionals. A felony grand theft conviction may disqualify an applicant from licensure or result in suspension or revocation of an existing license. An attorney experienced in professional license defense can help navigate these consequences.
What is the difference between grand theft and burglary?
Burglary under PC §459 requires entering a structure (building, vehicle, or room) with the intent to commit theft or a felony inside — the entry itself with criminal intent is the crime, regardless of whether the theft is completed. Grand theft under PC §487 is the completed act of taking property worth more than $950 and has no entry requirement. Many cases involve both charges — a defendant who enters a store and steals $1,000 in merchandise can be charged with both burglary and grand theft.
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