In our April 8 post, we went over California law as it relates to petty theft. Today we'll review grand theft.
California Penal Codes 484 to 490 specify the elements of, and penalties for, both petty theft and grand theft. If the value of the property stolen is greater than $400, grand theft is charged.
Some exceptions to this general rule exist, however. One concerns vehicles. All instances of auto theft are charged as grand theft. Another exception concerns livestock and agriculture. A person who steals fruits, vegetables, nuts, fowl, fish, cattle, or numerous other agricultural and livestock items will be charged with grand theft if the value of those items exceeds merely $250 - in contrast to the $400 threshold for most other goods.
In general, grand theft is punishable by up to one year in county jail or state prison, substantial fines, work project, restitution, counseling, and probation. But again there is an exception. If the grand theft involves use of a firearm, then the prison term is 16 months to 3 years.
Grand theft is a 'wobbler,' meaning that it can be charged as either a misdemeanor or a felony depending on the prior record of the defendant and the particulars of the crime. Because of this variability, it's critically important to be represented by an experienced criminal lawyer to help you present the best possible case.
