California Grand Theft Law: Penal Code 487 Explained

Under California Penal Code § 487, grand theft occurs when money, labor, or property worth $950 or more is unlawfully taken, or when specific property types—such as automobiles or firearms—are stolen regardless of value.

As a "wobbler" offense, PC 487 can be charged as either a misdemeanor or a felony, carrying penalties ranging from county jail time to multi-year state prison sentences and substantial financial enhancements.

Statutory Text (California PC 487)

Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950)...

(b) When domestic fowls, avocados, olives, citrus or deciduous fruits, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250)...

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following: (1) An automobile. (2) A firearm.

Key Statutory Definitions

Property Value: The fair market value of the money, labor, real property, or personal property at the time and place of the theft.
Taking from the Person: Direct physical taking of property from an individual's body, clothing, or immediate physical possession, regardless of item value.
Specific Intent: The legal requirement that the accused acted with the explicit purpose of depriving the owner of their property permanently or for an extended period.
Aggregation: The legal combining of multiple smaller thefts into a single grand theft charge if committed pursuant to a single, continuous scheme or plan.

What Prosecutors Must Prove to Convict (Legal Elements)

To secure a conviction for grand theft under PC 487, the prosecution must establish the following elements beyond a reasonable doubt:

Ownership: The victim owned or possessed specific money, labor, or property.
Unlawful Taking: The defendant took possession of the property without consent (via larceny, trick, embezzlement, or false pretenses).
Threshold Value or Type: The property was worth more than $950, taken directly from a person, or was a firearm/automobile.
Intent to Deprive: The defendant possessed the specific intent to permanently deprive the owner of the property or withhold it long enough to deprive them of a major portion of its value or enjoyment.

Penalties for Grand Theft (PC 487)

Grand theft is a wobbler offense in California, punishable as either a misdemeanor or a felony based on criminal history, offense severity, and mitigating or aggravating facts.

Offense Level	Incarceration Exposure	Fines & Restitution
Misdemeanor	Up to 1 year in county jail	Up to $1,000 fine + full victim restitution
Felony	16 months, 2 years, or 3 years in county jail (PC 1170(h))	Up to $10,000 fine + full victim restitution

Sentence Enhancements for Large Financial Losses:

Over $65,000: Additional +1 year in state prison
Over $200,000: Additional +2 years in state prison
Over $1,300,000: Additional +3 years in state prison
Over $3,200,000: Additional +4 years in state prison

Common Legal Defense Strategies

Lack of Intent: Demonstrating the taking was accidental, an oversight, or lacked the requisite specific intent to permanently deprive the owner.
Claim of Right: Establishing a good-faith, honest belief that the defendant had a legal entitlement to the property, even if that belief was factually mistaken.
Consent: Proving the owner gave explicit or implied permission to take or handle the property.
Insufficient Value Valuation: Challenging the prosecution's appraisal to demonstrate the property value was under $950, reducing the charge to petty theft (PC 488).
Constitutional Violations: Moving to suppress key evidence under the Fourth Amendment due to illegal searches, seizures, or lack of probable cause.

Hypothetical Examples

Retail Theft: An individual walks out of a department store with $1,200 worth of designer clothes without paying, meeting the $950 threshold for felony or misdemeanor grand theft.
Cumulative Embezzlement: An employee takes $100 cash from a register twice a week over six months; because the aggregated losses total over $950 under a continuous scheme, it qualifies as PC 487.
Grand Theft Auto: A person takes a parked vehicle valued at $800; because automobiles are specifically listed under PC 487(d)(1), the offense is grand theft despite the dollar amount.

Related California Laws

Understanding related California theft and fraud statutes is essential because prosecutors often file them alongside, or instead of, PC 487.

Penal Code 488 (Petty Theft): Governs theft of property valued at $950 or less when no statutory exceptions apply.
Penal Code 503 (Embezzlement): Covers the fraudulent appropriation of property by a person to whom it has been entrusted.
Penal Code 459 (Burglary): Applies when entering a commercial structure or residence with the intent to commit grand or petty theft inside.
Penal Code 182 (Conspiracy): Addresses agreements between two or more people to commit a theft crime followed by an overt act.

Frequently Asked Questions (FAQS)

What is the main difference between grand theft and petty theft in California?

Grand theft (PC 487) generally involves property valued over $950, firearms, automobiles, or direct takings from a person, whereas petty theft (PC 488) applies to stolen property valued at $950 or less.

Is Penal Code 487 a felony or a misdemeanor?

PC 487 is a wobbler, meaning prosecutors can charge it as a misdemeanor (up to 1 year in jail) or a felony (up to 3 years in jail), depending on case details and the defendant's criminal history.

Can multiple small thefts be added together to reach the $950 grand theft limit?

Yes, under California law, if multiple thefts are committed against one or more victims as part of an overarching scheme or plan, prosecutors can aggregate the total value to charge grand theft.

How does Proposition 47 affect PC 487 grand theft charges?

Proposition 47 established that theft of property valued at $950 or less must be charged as misdemeanor petty theft, unless the defendant has specific severe prior convictions or the property is a firearm.

What is a Penal Code 17(b) motion in a grand theft case?

A PC 17(b) motion allows the court to reduce a felony grand theft conviction to a misdemeanor, either at sentencing or after successful completion of probation.

Does taking a car always count as grand theft in California?

Yes, taking an automobile unlawfully qualifies as grand theft auto under PC 487(d)(1) regardless of whether the vehicle is valued over or under $950.

Legal Consultation & Representation

If you are facing investigation or formal charges under Penal Code 487, early intervention by experienced criminal defense counsel can help challenge property valuations, negotiate reduced charges, or pursue dismissal.

Firm: Eisner Gorin LLP
Contact Phone: (818) 781-1570
Office Locations: Los Angeles and Encino, California

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