California's Grand Theft Law

Penal Code 487 Explained

California law distinguishes between minor theft offenses and more serious theft crimes based on the value of the property taken and the manner of the offense.

When the value of the stolen property reaches or exceeds $950, the crime may be charged as grand theft under California Penal Code § 487.

Grand theft is a serious offense that can result in jail or prison time, significant fines, restitution, and a permanent criminal record. Understanding how the law works—and how prosecutors build these cases—is essential if you are under investigation or have been charged.

What Is Grand Theft Under Penal Code 487?

UnderPenal Code 487, grand theft occurs when a person unlawfully takes money, labor, real property, or personal property valued at $950 or more, with the intent to permanently deprive the owner of that property.

The law applies regardless of how the theft occurred, including:

Physical taking of property
Theft by fraud or trick
Embezzlement
False pretenses
Aggregated losses from multiple victims

If the total value is less than $950, the offense is generally charged as petty theft under Penal Code 488.

Common Types of Grand Theft Cases

Grand theft is a broad “catch-all” statute used to prosecute many different theft-related offenses, including:

Retail theft involving high-value merchandise
Employee theft or embezzlement
Investment or telemarketing fraud
Real estate fraud
Insurance and healthcare fraud
Workers' compensation fraud
Credit card and financial fraud

It is common for defendants to face multiple charges in the same case, such as grand theft combined with fraud-related statutes.

California Penal Code 182, the conspiracy law, makes it a crime for two or more people to agree to commit a criminal offense and take at least one step toward carrying out that agreement.

Examples of Grand Theft

The following scenarios would qualify as grand theft under California law:

A person steals a designer item worth $1,000 from a store.
An employee takes small amounts of cash from an employer over time, totaling more than $950.
A defendant defrauds multiple victims of $100 each, and the combined loss exceeds $950.

California law allows prosecutors to aggregate losses across victims or transactions when part of a common scheme.

Is Grand Theft a Felony or a Misdemeanor?

Grand theft is a “wobbler” offense, meaning prosecutors may file it as either a misdemeanor or a felony depending on:

The amount of loss
The sophistication of the scheme
Whether vulnerable victims were involved
The defendant's criminal history

Penalties for Grand Theft (PC 487)

Misdemeanor Grand Theft

Up to 1 year in county jail
Fines, fees, and victim restitution

Felony Grand Theft

16 months, 2 years, or 3 years in state prison
Restitution and substantial fines

Sentencing Enhancements for Large Loss Amounts

California law imposes additional prison time when losses exceed certain thresholds:

Over $65,000 → +1 year
Over $200,000 → +2 years
Over $1,300,000 → +3 years
Over $3,200,000 → +4 years

These enhancements can dramatically increase sentencing exposure.

Key Legal Elements Prosecutors Must Prove

To convict someone of grand theft, the prosecution must prove:

The defendant took property belonging to another
The property was valued at $950 or more
The defendant intended to permanently deprive the owner of the property

Failure to prove intent is often fatal to the prosecution's case.

Common Defenses to Grand Theft Charges

An experienced defense attorney may raise one or more of the following defenses:

Lack of Intent

If the defendant did not intend to permanently deprive the owner of the property, grand theft cannot be proven.

Claim of Right

A good-faith belief that the defendant had a legal right to the property is a complete defense—even if the belief was mistaken.

No Theft Occurred

The property was taken with permission, loaned, or transferred as part of a legitimate transaction.

Insufficient Value

If the prosecution cannot prove the value reached $950, charges may be reduced to petty theft.

Illegal Search or Seizure

Evidence obtained in violation of the Fourth Amendment may be suppressed.

Why Early Legal Representation Matters

Grand theft cases often involve financial records, digital evidence, and cooperating witnesses. Early intervention can:

Prevent charges from being filed
Reduce felony charges to misdemeanors
Eliminate sentencing enhancements
Preserve professional licenses and employment

In appropriate cases, attorneys may seek a Penal Code 17(b) motion to reduce a felony to a misdemeanor.

Speak With a Los Angeles Grand Theft Defense Lawyer

If you are under investigation or charged with grand theft under Penal Code 487, the consequences can be life-altering. A strategic defense can make the difference between incarceration and dismissal or reduction.

Eisner Gorin LLP represents clients throughout Los Angeles County in complex theft and white-collar cases.

📞 Call (877) 781-1570 for a confidential consultation
📍 Offices in Los Angeles and Encino, California

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