Is Grand Theft a Felony in California? Penal Code 487 Explained
The short answer: grand theft under Penal Code section 487 is a wobbler in most cases, meaning the prosecutor can file it as a felony or a misdemeanor, and the judge can later reduce a felony to a misdemeanor. The line between petty theft and grand theft is usually $950 in value, though theft of a firearm, a car, or property taken directly from a person can be grand theft regardless of value. A felony grand theft conviction can carry 16 months, two years, or three years in custody; a misdemeanor carries up to one year in county jail. This guide explains each element the prosecutor must prove beyond a reasonable doubt, the defenses that actually work, and what a conviction does to your record, your immigration status, and your job.
Where these cases come from. In the Inland Empire and Los Angeles County, grand theft charges typically grow out of retail incidents at places like Victoria Gardens in Rancho Cucamonga, Ontario Mills, the Galleria at Tyler in Riverside, and the Promenade in Temecula, from employee theft and embezzlement claims, from contractor and online marketplace disputes, and from vehicle thefts. The cases are filed at the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, and the Torrance, Pomona, and Van Nuys courthouses in Los Angeles County. A Riverside criminal defense attorney who handles theft cases will tell you that the value question and the intent question decide most of them.
What Is Theft Under California Law?
One crime, four theories. Penal Code section 484 consolidates the old common law crimes into a single offense of theft that can be committed by larceny (physically taking property), by embezzlement under Penal Code section 503 (keeping property entrusted to you), by false pretenses under Penal Code section 532 (obtaining title through a lie), or by trick (obtaining possession through a lie). The prosecutor must pick a theory that fits the facts, and the California Supreme Court held in People v. Williams (2013) 57 Cal.4th 776 that the theories are not interchangeable: theft by false pretenses, for example, cannot support a robbery charge because robbery requires larceny.
Grand versus petty. Penal Code section 488 makes every theft that is not grand theft a petty theft. Penal Code section 487 then defines grand theft. Since Proposition 47, Penal Code section 490.2 provides that obtaining property worth $950 or less is petty theft notwithstanding section 487, unless the defendant has certain prior convictions, such as a registrable sex offense or a super strike. What happens if you get caught shoplifting covers the petty theft side of the line.
What the Prosecutor Must Prove for Grand Theft
The elements. To convict you of grand theft by larceny, the most common theory, the prosecutor must prove beyond a reasonable doubt that (1) you took possession of property owned by someone else, (2) you took it without the owner's consent, (3) when you took it you intended to deprive the owner of it permanently, or to remove it for so long that the owner would be deprived of a major portion of its value or enjoyment, (4) you moved the property, even a short distance, and kept it for any period of time, however brief, and (5) the property was worth more than $950, or was a firearm, an automobile, or property taken from the person of another. The jury instruction is CALCRIM 1800, with CALCRIM 1801 defining when a theft is grand.
The intent element. The intent to permanently deprive is where many cases are won. In People v. Avery (2002) 27 Cal.4th 49 the Supreme Court confirmed that an intent to take property for so extended a period as to deprive the owner of a major portion of its value or enjoyment satisfies the element. In People v. Davis (1998) 19 Cal.4th 301 the Court held that taking merchandise from a store intending to return it for a refund is still larceny, because the taking was with intent to use the property in a way the owner never authorized. Borrowing with a real intent to return, by contrast, is not theft.
The value element. Penal Code section 484, subdivision (a), measures value by the reasonable and fair market value of the property, not the retail sticker price for used goods and not the owner's sentimental figure. For stolen services, value is the contract price or market wage. Prosecutors in Riverside and San Bernardino counties often prove value through a loss prevention officer's receipt printout or the victim's estimate; a defense that attacks the valuation with comparable sales, depreciation, or evidence that items were damaged or counterfeit can push a case under $950 and into petty theft.
Aggregation. Can the prosecutor add up several small takings to reach $950? Under People v. Bailey (1961) 55 Cal.2d 514, multiple petty thefts from the same victim can be aggregated into one grand theft when they were committed pursuant to a single plan or scheme. In People v. Whitmer (2014) 59 Cal.4th 733 the Court held that separate and distinct grand thefts can be charged as separate counts even if they shared a general plan. Proposition 36, passed in November 2024, added provisions that allow aggregation of thefts across multiple victims and locations in certain circumstances and created a new wobbler for petty theft with two or more prior theft convictions; those provisions are new and their reach is still being litigated, so ask your attorney how the current statutes apply to your facts.
The Special Categories of Grand Theft
Theft from the person. Penal Code section 487, subdivision (c), makes taking property from the person of another grand theft regardless of value. A wallet lifted from a pocket or a phone taken from a hand is grand theft even if it is worth $20. If force or fear is used, the charge becomes robbery under Penal Code section 211, a straight felony and a strike.
Grand theft auto. Penal Code section 487, subdivision (d)(1), covers automobiles. Prosecutors often charge vehicle cases instead, or in addition, under Vehicle Code section 10851, which punishes taking or driving a vehicle without consent and does not require intent to permanently deprive. In People v. Page (2017) 3 Cal.5th 1175 the Supreme Court held that a theft-based section 10851 conviction involving a vehicle worth $950 or less is a misdemeanor under Proposition 47. Joyriding a friend's car and keeping it for a weekend is a very different case from stripping a stolen car for parts, and the charge should reflect that.
Grand theft of a firearm. Penal Code section 487, subdivision (d)(2), makes theft of a firearm grand theft regardless of value, and Penal Code section 489 punishes it as a straight felony with 16 months, two years, or three years in state prison. Grand theft of a firearm is listed as a serious felony in Penal Code section 1192.7, subdivision (c), which makes it a strike. Proposition 47 did not reduce firearm theft to a misdemeanor.
Embezzlement. When the property was entrusted to you, by an employer, a client, or a business partner, the theory is embezzlement under Penal Code section 503, and the jury instruction is CALCRIM 1806. The prosecutor must prove a relationship of trust, that you fraudulently converted the property to your own use, and that you intended to deprive the owner of it at least temporarily. Bookkeepers, cashiers, property managers, and contractors who take deposits and do not finish the work are the usual defendants in Inland Empire embezzlement cases, and the civil dispute underneath is often where the defense begins.
Defenses to a Grand Theft Charge
Claim of right. If you honestly believed the property was yours or that you had a right to it, even if that belief was mistaken or unreasonable, you did not have the intent to steal. The instruction is CALCRIM 1863. In People v. Tufunga (1999) 21 Cal.4th 935 the Supreme Court preserved the claim of right defense for taking specific property you believe is yours, while rejecting it as a justification for taking property to satisfy a debt. Business partners, roommates, and ex-spouses who take disputed property frequently have this defense.
Consent. If the owner consented to the taking, there is no theft, though consent obtained by fraud raises the false pretenses theory instead. Text messages, emails, and prior dealings often show that a "theft" was an authorized loan, a disputed sale, or a business arrangement that went bad. Can the police use your text messages against you cuts both ways; the same messages can prove consent.
No intent to permanently deprive. A person who borrowed a tool and forgot it in the truck, or who took a car intending to bring it back that night, did not commit theft, though the car case may still be a Vehicle Code section 10851 violation. The timing of any return, the condition of the property, and what you said when confronted all bear on intent.
Value under $950. When the prosecution's valuation is inflated, a defense valuation can move a felony to a misdemeanor petty theft before the preliminary hearing. Judges at the Riverside Hall of Justice and the San Bernardino Justice Center see the value fight constantly, and what makes a criminal case weak explains how a shaky valuation undermines the whole charge.
Mistaken identity and insufficient evidence. Retail and vehicle cases often rest on grainy surveillance video, a license plate reader hit, or a loss prevention officer's identification. A suppression motion under Penal Code section 1538.5 can also exclude property found in an unlawful search, as discussed in what a 1538.5 motion is.
Penalties for Grand Theft in California
The wobbler. Under Penal Code section 489, grand theft other than firearm theft is punishable by up to one year in county jail as a misdemeanor, or by 16 months, two years, or three years as a felony served in county jail under Penal Code section 1170, subdivision (h). Probation is common for a first offense, usually with restitution under Penal Code section 1202.4, a stay-away order from the business, and theft counseling. Large losses can bring an excessive taking enhancement, and the Legislature recently revived that enhancement for high-dollar cases; confirm its current terms with your attorney.
How offers move. A first-time felony grand theft with full restitution and a sympathetic defendant will often be offered as a misdemeanor, or as a felony with a promise of reduction under Penal Code section 17, subdivision (b), after a year of good conduct. Misdemeanor grand theft may qualify for judicial diversion under Penal Code section 1001.95, and a misdemeanor with an identifiable victim may be resolved by civil compromise under Penal Code section 1377 and Penal Code section 1378. Should you take a plea deal and how to reduce a felony to a misdemeanor explain those paths.
Old felony convictions. If you were convicted of felony grand theft before Proposition 47 for property worth $950 or less, Penal Code section 1170.18 may allow you to petition to have it redesignated a misdemeanor.
Collateral Consequences of a Theft Conviction
Immigration. Theft with intent to permanently deprive is generally treated as a crime involving moral turpitude, and a theft conviction with a sentence of one year or more can be treated as an aggravated felony. Under Padilla v. Kentucky (2010) 559 U.S. 356 and Penal Code section 1016.3, your lawyer must address these consequences before any plea, and a plea to a 364-day maximum or to a non-theft offense is often the difference between staying and removal.
Employment and licenses. Theft is a crime of dishonesty that employers, licensing boards, and background check companies weigh heavily. Nurses, real estate agents, security guards, contractors, and anyone handling money can face license discipline. Government Code section 12952 limits when most employers can consider a conviction, and a dismissal under Penal Code section 1203.4 on form CR-180 after probation, explained in how to expunge a criminal record, removes much of the sting.
Firearms and family court. A felony conviction triggers a lifetime firearm ban under Penal Code section 29800. A theft conviction does not create the custody presumption that a domestic violence conviction does, but a parent's pending felony case and any jail time are facts a family court will consider under Family Code section 3011; our child custody practice handles that overlap.
What to Do After a Grand Theft Arrest
Do not explain. Loss prevention officers, detectives, and employers who "just want to understand what happened" are building the intent element. Do not say this to police and can I talk my way out of charges explain why.
Preserve the paper. Receipts, invoices, contracts, bank records, and messages showing consent, a loan, a partnership, or a good-faith dispute are the defense. Gather them before memories fade and before the other side deletes anything.
Think about restitution early. Paying the loss before the first court date does not admit guilt if it is handled through counsel, and it is the single factor that moves Inland Empire and Los Angeles County prosecutors most on theft cases. What prosecutors look at before filing charges and what happens at arraignment in Riverside County describe the first steps.
Frequently Asked Questions
Is grand theft always a felony in California?
No. Grand theft under Penal Code section 487 is a wobbler under Penal Code section 489, so the prosecutor can file it as a misdemeanor or a felony, and the judge can reduce a felony to a misdemeanor under Penal Code section 17, subdivision (b), at sentencing or after probation. Grand theft of a firearm is the exception; it is a straight felony and a strike.
What is the dollar amount for grand theft in California?
More than $950. Penal Code section 490.2 makes theft of property worth $950 or less petty theft, and Penal Code section 487 makes theft above that amount grand theft. Value is measured by fair market value under Penal Code section 484. Theft of a firearm, an automobile, or property taken from a person's body or clothing is grand theft regardless of value.
Can the prosecutor add up several small thefts to charge grand theft?
Sometimes. Under People v. Bailey, multiple petty thefts from the same victim committed under one plan or scheme can be aggregated into a single grand theft. Proposition 36, approved in November 2024, added new aggregation and repeat-offender provisions whose scope is still developing, so the answer depends on the current statutes and your specific facts.
What is the punishment for felony grand theft?
Sixteen months, two years, or three years. Penal Code section 489 sets that range, served in county jail under Penal Code section 1170, subdivision (h), for most grand thefts and in state prison for grand theft of a firearm. Most first offenders receive probation with restitution under Penal Code section 1202.4, and misdemeanor grand theft carries up to one year in county jail.
Is grand theft the same as burglary or robbery?
No. Burglary under Penal Code section 459 is entering a building or locked vehicle with intent to commit theft or a felony, whether or not anything is taken, as explained in our burglary guide. Robbery under Penal Code section 211 is taking property from a person by force or fear. Grand theft is the taking itself, without the entry element of burglary or the force element of robbery.
Can a grand theft conviction be expunged?
Usually, after probation. Penal Code section 1203.4 allows a dismissal on form CR-180 once probation is completed, and a felony wobbler can first be reduced to a misdemeanor under Penal Code section 17, subdivision (b). Theft of a firearm punished by state prison is not eligible for the standard 1203.4 dismissal, though other relief may apply. See our guide on sealing an arrest record if the case was dismissed or never filed.
Gramling Law Group defends grand theft, petty theft, embezzlement, and burglary cases at the Riverside Hall of Justice, the Southwest Justice Center, the San Bernardino Justice Center, the Rancho Cucamonga courthouse, and the Torrance, Pomona, and Van Nuys courthouses, serving the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before your first court date. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
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