Understanding Grand Theft in San Diego: A Closer Look at Penal Code 487

Theft crimes in California are categorized based on the value and type of property involved. When the value exceeds a specific threshold, or the item stolen has certain characteristics, the offense may be charged as grand theft under Penal Code 487. In San Diego, a conviction for grand theft can carry serious legal and personal consequences—making it crucial to understand the legal elements of the charge.

Let’s break down the components of grand theft under Penal Code 487, including how it differs from petty theft, common scenarios that lead to charges, and what the prosecution must prove.

What Is Grand Theft Under Penal Code 487?

Grand theft, as outlined in Penal Code 487, involves unlawfully taking another person’s property when its value is more than $950.However, grand theft can also apply to property of lesser value in certain cases—such as firearms or certain types of livestock.

This statute covers a range of theft-related conduct and applies whether the theft was committed by physically taking the property, tricking someone into handing it over, or breaching a position of trust.

Key Elements the Prosecution Must Prove

To secure a conviction for grand theft under Penal Code 487, prosecutors in San Diego must establish specific elements beyond a reasonable doubt:

1. Unlawful Taking of Property

The defendant must have taken property that did not belong to them, and did so without the owner’s consent. This includes both physical removal (larceny) and deceptive practices (theft by trick or embezzlement).

2. Intent to Permanently Deprive

The individual must have intended to permanently deny the rightful owner of their property. Even if the item was returned later, initial intent plays a crucial role.

3. Value of the Property

In the majority of grand theft cases, the stolen property or combined items must have a value exceeding $950.However, exceptions exist—for example, any amount of stolen firearms or certain agricultural products can lead to a grand theft charge, regardless of their value.

4. Lack of Consent

If the property was taken with the owner’s permission or under mutual misunderstanding, the act may not meet the threshold for grand theft. The prosecution must prove the property was taken without permission.

Types of Grand Theft Under Penal Code 487

California recognizes different forms of theft under this penal code, each with its own nuances:

• Grand Theft by Larceny: Physically taking and carrying away property exceeding $950 in value.
• Grand Theft by False Pretense: Gaining possession of property through fraudulent representations.
• Grand Theft by Trick: Deceiving the property owner to temporarily transfer possession, with no intent to return it.
• Grand Theft by Embezzlement: Misappropriating funds or property entrusted to you.

Each variation involves unique facts and evidence, but all fall under the umbrella of Penal Code 487.

Examples of Grand Theft Charges in San Diego

Some scenarios that might result in grand theft charges include:

• Stealing electronics worth over $950 from a retail store.
• Misusing funds from a client or employer.
• Using someone’s credit card to make purchases exceeding the $950 threshold.
• Convincing someone to sign over ownership of an item through deceitful means.

Even first-time offenders can face significant consequences if convicted, depending on the circumstances.

Is Grand Theft a Felony or Misdemeanor?

• The value and type of the stolen property
• The defendant’s prior criminal history
• The method used to commit the theft

If charged as a misdemeanor, potential penalties include:

• Up to 1 year in county jail
• Fines and restitution
• Probation

If charged as a felony, consequences may include:

• A permanent criminal record
• Immigration consequences (for non-citizens)

Defending Against Grand Theft Allegations

Being charged under Penal Code 487 does not mean you’re automatically guilty. A skilled defense attorney can help build a strong case using defenses such as:

• Ownership Claim: If you genuinely believed the property was yours.
  
• False Accusations: If someone wrongfully blamed you for the theft.

Why Legal Representation Matters

Theft charges carry more than just legal consequences—they can impact your reputation, employment, and future opportunities. If you’re facing charges under Penal Code 487 in San Diego, it’s important to seek legal counsel as early as possible to protect your rights and explore your options.

Final Thoughts

Understanding the elements of grand theft under Penal Code 487 is the first step toward defending yourself if you’re accused. From the required value of property to the intent behind the act, each element must be proven by the prosecution. If you or someone you know is facing theft charges in San Diego, acting quickly and strategically is essential.

David P. Shapiro Criminal Defense Attorneys is dedicated to helping clients navigate the complexities of the criminal justice system. Don’t face these charges alone—consult with a trusted legal team who can guide you through your defense with skill and care.