487

Grand theft is a serious crime that involves the unlawful taking of someone else’s property with significant value. In California, Penal Code 487 specifically addresses grand theft, outlining what constitutes this offense, the various forms it can take, and the severe penalties for those convicted. Understanding Penal Code 487 is crucial for anyone involved in a grand theft case, whether as a defendant, victim, or legal professional, as the consequences of a conviction can be long-lasting.

What is California Penal Code 487?

California Penal Code 487 defines grand theft as the unlawful taking of property valued at more than $950. The crime of grand theft can involve various types of property, including money, personal items, vehicles, and even animals. Grand theft is distinguished from petty theft, which involves property valued at $950 or less and is generally considered a less severe offense.

Grand theft can occur in a variety of ways, including physically taking someone else’s property, fraudulently obtaining property through deception, or embezzling property that has been entrusted to someone. The key element of grand theft is the intent to permanently deprive the owner of their property.

Key Elements of Grand Theft Under Penal Code 487

To secure a conviction under Penal Code 487, the prosecution must prove several key elements beyond a reasonable doubt:

1. Value of the Property: The property taken must have a value greater than $950. This is the threshold that distinguishes grand theft from petty theft. In some cases, the theft of certain types of property, such as firearms or vehicles, can be charged as grand theft regardless of their value.
2. Unlawful Taking: The defendant must have taken the property without the owner’s consent. This means the property was taken unlawfully, without permission or legal justification.
3. Intent to Permanently Deprive: The defendant must have intended to permanently deprive the owner of the property. This means that the defendant planned to take the property without returning it or to keep it long enough to deprive the owner of a significant portion of its value or use.
4. Possession or Control: The defendant must have gained possession or control of the property, even if only temporarily. This can involve physically taking the property or using deception or fraud to gain control of it.

Types of Grand Theft Under Penal Code 487

Grand theft under Penal Code 487 can take several forms, depending on the method used to unlawfully take the property:

1. Grand Theft by Larceny: This is the most common form of grand theft and involves physically taking someone else’s property with the intent to permanently deprive them of it. For example, stealing a high-value item from a store or another person’s home would be considered grand theft by larceny if the value exceeds $950.
2. Grand Theft by False Pretenses: This occurs when someone obtains property from another person by making false promises or misrepresentations. For example, convincing someone to give you money or property by falsely claiming you will invest it or provide a service is considered grand theft by false pretenses.
3. Grand Theft by Embezzlement: Embezzlement is a form of grand theft that occurs when someone who is entrusted with someone else’s property, such as an employee or financial advisor, unlawfully takes it for their own use. This often involves the theft of money or other assets that the defendant had legal access to but did not own.
4. Grand Theft by Trick: This occurs when someone uses deceit or trickery to obtain possession of someone else’s property. For example, convincing someone to hand over their property under false pretenses, only to keep it for yourself, would be considered grand theft by trick.

Penalties for Violating Penal Code 487

Violations of Penal Code 487 are considered serious offenses in California, and the penalties can vary depending on whether the crime is charged as a misdemeanor or a felony:

• Misdemeanor Grand Theft: In some cases, grand theft may be charged as a misdemeanor, particularly if the value of the property is not significantly higher than the $950 threshold or if the defendant has no prior criminal history. A misdemeanor conviction can result in up to 1 year in county jail, fines, and probation.
• Felony Grand Theft: Grand theft is more commonly charged as a felony, especially when the value of the stolen property is substantial, or the defendant has a prior criminal record. A felony conviction can result in a state prison sentence of 16 months, 2 years, or 3 years, as well as fines, restitution to the victim, and additional penalties, such as probation.
• Restitution: The court may order the defendant to pay restitution to the victim for the value of the stolen property, as well as any other financial losses suffered as a result of the theft.
• Additional Consequences: A felony grand theft conviction can result in a permanent criminal record, which can affect the defendant’s future employment opportunities, professional licensing, housing options, and other aspects of their life.

Aggravating Factors and Enhanced Penalties

Certain circumstances can lead to enhanced penalties for grand theft under Penal Code 487, including:

• High-Value Theft: If the theft involves property of exceptionally high value, such as expensive jewelry, vehicles, or large sums of money, the penalties can be more severe.
• Multiple Acts of Theft: If the defendant committed multiple acts of grand theft, each act may be charged separately, leading to multiple convictions and a longer overall sentence.
• Vulnerable Victims: If the theft involved exploiting a vulnerable victim, such as an elderly person or someone with a disability, the court may impose harsher penalties.

Defenses Against a Charge of Grand Theft Under Penal Code 487

Given the serious consequences of a grand theft conviction, it is important to explore possible defenses. Several defenses might be applicable depending on the specifics of the case:

• Lack of Intent: If the defendant did not intend to permanently deprive the owner of their property, this could be a defense. The prosecution must prove that the defendant acted with the specific intent to steal.
• Consent: If the defendant believed they had the owner’s consent to take the property, this could be a defense against the charge. The law requires that the taking be unlawful, so if the defendant had permission, the charge may not hold.
• False Accusation: In some cases, the defendant may be falsely accused of grand theft due to misunderstandings, personal conflicts, or other motives. Demonstrating that the accusation is unfounded can be a key defense strategy.
• Insufficient Evidence: The prosecution must provide sufficient evidence to prove each element of the crime beyond a reasonable doubt. If the evidence is weak or lacking, the charges may be dismissed or reduced.

The Impact of Grand Theft on Society

Grand theft is a crime that can have significant financial and emotional impacts on victims, whether they are individuals, businesses, or organizations. The loss of valuable property can lead to financial hardship, a sense of violation, and long-lasting consequences for those affected. California Penal Code 487 is designed to protect individuals and communities by holding offenders accountable and deterring others from committing similar acts.

For individuals, understanding Penal Code 487 is essential for recognizing the importance of respecting other people’s property and the legal consequences of failing to do so. Even seemingly minor acts of theft can escalate into grand theft if the value of the property taken exceeds $950.

Conclusion

California Penal Code 487 is a critical legal statute that addresses the crime of grand theft, providing a framework for prosecuting individuals who unlawfully take property valued at more than $950 with the intent to permanently deprive the owner of it. The law imposes severe penalties to reflect the seriousness of the offense and to deter others from engaging in similar acts.

If you or someone you know is facing charges under Penal Code 487, it is crucial to seek experienced legal counsel immediately. Understanding the intricacies of this law and the defenses available can make a significant difference in the outcome of the case, helping to ensure that justice is served fairly and appropriately.