Grand Theft
Penal Code § 487
What counts as a violation of Penal code § 487?
Penal Code § 487 defines “grand theft crimes.”
This includes any of the following:
- When the money, labor, or real or personal property taken was valued at over $950
- Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or employer and aggregated $950 or more in any 12 consecutive month period
- When the property is taken from the person of another
- When the property taken is any an automobile or a firearm
It is also “grand theft” to steal certain domestic fowls or fruits and vegetables valued at more than $250 or to steal shellfish or other aquacultural products from a commercial or research operation and their value was more than $250.
What is the punishment for violating Penal code § 487?
Grand theft is a wobbler offense meaning that it can be charged as either a misdemeanor or a felony.
The maximum potential sentence for misdemeanor grand theft is up to one (1) year in county jail.
For felony grand theft, you may be sentenced to sixteen (16) months, two (2) years, or three (3) years of incarceration.
What are the defenses to Penal Code § 487?
- You had permission to use the property
- You did not realize the property belonged to someone else
- You were borrowing the property
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