What Is Grand Theft?
Grand theft under California Penal Code 487 is the unlawful taking of property valued at more than $950, property taken directly from another person's body, or certain specified items such as automobiles and firearms. It is one of the most commonly charged property crimes in California and carries penalties that can dramatically alter the course of your life — including potential state prison time and a permanent criminal record.
If you have been charged with grand theft in San Jose, San Francisco, Oakland, Sunnyvale, or anywhere in the Bay Area, the attorneys at RV Litigation Group PC are prepared to defend you. Grand theft cases often involve disputed property values, mistaken identity, and complex factual circumstances that provide strong grounds for a defense.
What the Law Says
Penal Code 487(a) — Grand Theft by Value
"Grand theft is theft committed... when the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950)." — California Penal Code Section 487(a)
This is the most common form of grand theft. Any taking of property — money, goods, real property, or labor — worth more than $950 qualifies as grand theft rather than petty theft. The value is measured by the fair market value of the property at the time and place of the theft. If multiple thefts from the same victim are part of a common scheme, the values can be aggregated.
Penal Code 487(c) — Grand Theft from a Person
"Grand theft is theft committed... when the property is taken from the person of another." — California Penal Code Section 487(c)
Taking property directly from someone's person — such as pickpocketing a wallet, snatching a phone from someone's hand, or removing jewelry they are wearing — is grand theft regardless of the property's value. This is a more serious charge than simple theft because of the personal nature of the taking, though it is distinct from robbery because it does not require force or fear.
Penal Code 487(d) — Grand Theft Auto & Grand Theft Firearm
"Grand theft is theft committed... when the property taken is any of the following: (1) An automobile. (2) A firearm." — California Penal Code Section 487(d)
Stealing a vehicle or a firearm is automatically grand theft, regardless of the item's value. Grand theft auto can also be charged under Vehicle Code 10851, which covers the unlawful taking or driving of a vehicle. Grand theft of a firearm is particularly serious — it is always charged as a felony and constitutes a strike under California's Three Strikes law.
Real-World Examples
These scenarios illustrate how grand theft charges commonly arise in the Bay Area:
A man walks into an electronics store in San Jose and conceals a laptop computer worth $1,200 inside his backpack before leaving without paying. Because the value exceeds $950, he is charged with grand theft (PC 487(a)) rather than shoplifting, even though the conduct resembles a typical shoplifting scenario.
A woman in Oakland takes her ex-boyfriend's car from a parking lot using a spare key he never asked for back. She intends to keep it. Even though she had a key and no forced entry was involved, she can be charged with grand theft auto (PC 487(d)(1)) because she took the vehicle without authorization and with the intent to permanently deprive the owner.
A teenager in downtown San Francisco grabs an iPhone from a tourist's hand while the tourist is taking a photo and runs away. Because the phone was taken directly from the person, this is grand theft from a person (PC 487(c)), regardless of the phone's value. If force or intimidation were used, it could be elevated to robbery.
A warehouse employee in Milpitas steals small quantities of inventory over several months, each individual taking worth less than $100. When the total exceeds $950, the prosecution charges grand theft by aggregation under PC 487, arguing the repeated thefts were part of a single plan or scheme.
Penalties
Grand theft is a wobbler offense, and the penalties vary based on the specific type of grand theft, the value involved, and whether sentencing enhancements apply.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| Grand Theft (PC 487) — Misdemeanor | Misdemeanor | Up to 1 year county jail | Up to $1,000 |
| Grand Theft (PC 487) — Felony | Felony | 16 months, 2, or 3 years county jail | Up to $10,000 |
| Grand Theft Firearm (PC 487(d)(2)) | Felony | 16 months, 2, or 3 years state prison | Up to $10,000 |
| Enhancement: Over $65,000 | Add-on | Additional 1 year consecutive | PC 12022.6 |
| Enhancement: Over $200,000 | Add-on | Additional 2 years consecutive | PC 12022.6 |
Additional consequences: A grand theft conviction can result in restitution to the victim, probation conditions, difficulty finding employment due to a theft conviction on your record, loss of professional licenses, immigration consequences for non-citizens, and a permanent criminal record. Grand theft of a firearm is a strike offense under California's Three Strikes law, which doubles the sentence for a second strike and imposes 25 years to life for a third.
Legal Defenses
Grand theft charges can be challenged on multiple grounds. Here are the defenses our attorneys most commonly use for clients in the Bay Area:
1. Claim of Right
If you genuinely believed you had a right to the property, you cannot be convicted of theft. The claim-of-right defense applies when you took property under a good-faith belief that it was yours or that you were entitled to it. This frequently arises in employment disputes, business partnership dissolutions, and domestic situations. The belief does not need to be legally correct — only honestly held.
2. Consent
If the property owner gave you permission to take or use the property, there is no theft. This defense is relevant when the owner later regrets giving consent or when there is a misunderstanding about the scope of the permission granted. We gather evidence of the consent, including text messages, emails, and witness testimony.
3. Value Dispute — Reduce to Petty Theft
If the value of the property is $950 or less, the charge should be petty theft — a misdemeanor — not grand theft. We challenge the prosecution's valuation by presenting evidence of fair market value, depreciation, and comparable sales. Reducing the charge from grand theft to petty theft can mean the difference between a felony and a misdemeanor.
4. Mistaken Identity
In retail theft and property crime cases, misidentification is common — especially when the evidence relies on surveillance footage, witness descriptions, or photo lineups. We examine the reliability of the identification evidence, identify procedural errors, and present alibi evidence when available.
5. Lack of Intent to Permanently Deprive
Theft requires the intent to permanently deprive the owner of their property. If you borrowed the property with the intent to return it, or if you took it by mistake, the intent element is not satisfied. We present evidence showing your state of mind and the circumstances of the taking.
Frequently Asked Questions
Grand theft under PC 487 occurs when the value of stolen property exceeds $950, or when property is taken directly from another person's body, or when specific items are stolen regardless of value — such as automobiles or firearms. It also applies to theft of agricultural products worth over $250 and aquacultural products worth over $250.
Grand theft is a wobbler in California, meaning the prosecutor can charge it as either a misdemeanor or felony. As a misdemeanor, it carries up to 1 year in county jail. As a felony, it carries 16 months, 2, or 3 years in county jail. The decision depends on the value taken, the circumstances, and your criminal history.
The main difference is value. Petty theft involves property worth $950 or less and is a misdemeanor. Grand theft involves property worth more than $950, property taken from a person, or certain specified items. Grand theft can be charged as a felony and carries significantly harsher penalties.
Yes. Grand theft auto under PC 487(d)(1) specifically applies to the theft of any automobile, regardless of its value. Even stealing a car worth less than $950 can be charged as grand theft. There is also a separate vehicle theft statute — VC 10851 — which prosecutors sometimes use as an alternative charge.
Simple grand theft is generally not a strike offense. However, if the theft involved a firearm (grand theft firearm under PC 487(d)(2)), it is a strike under California's Three Strikes law. Additionally, if sentenced enhancements for high-value theft apply, the consequences become significantly more severe.
