Grand Theft Charges in California

California law classifies theft into two categories: petty theft and grand theft. Petty theft involves taking property valued at less than $950. In contrast, grand theft applies when the stolen property's value is $950 or more. In addition to value, California law also designates certain property types that qualify as grand theft, regardless of their monetary worth.

What Constitutes Grand Theft?

Under Section 487 of the California Penal Code, the following are classified as grand theft:

• Theft of money, labor, or property valued over $950.
• Theft of certain farm crops (like avocados, citrus fruits, nuts) valued over $250.
• Theft of aquaculture products (like fish, shellfish, or algae) valued over $250 from commercial or research operations.
• Theft by an employee, agent, or servant of property totaling $950 or more over a 12-month period.
• Theft directly from another person (like pickpocketing).
• Theft of items from a vehicle or theft involving firearms.

Penalties for Grand Theft in California

Grand theft can be charged as either a felony or a misdemeanor, depending on the case specifics and the defendant's criminal record. A misdemeanor conviction for grand theft can lead to imprisonment in county jail for up to one year.

If charged as a felony, grand theft under California Penal Code Section 489 is punishable by:

• 16 months to 3 years in state prison if the theft involves a firearm.
• Imprisonment in county jail for up to one year and/or a fine up to $5,000 if the theft involves livestock.
• Imprisonment in county jail for up to one year for all other types of grand theft.

Defending Against Grand Theft Charges

Several defense strategies can be employed in grand theft cases, typically focusing on the defendant's intent or knowledge at the time of the alleged crime. Common defenses include:

• Good-Faith Belief: Arguing that the defendant believed they had legal ownership or a right to possess the property.
• Lack of Intent to Steal: The prosecution must prove the defendant intended to permanently deprive the owner of their property. Demonstrating that this intent was absent can lead to reduced charges or case dismissal.

To secure a conviction, the prosecution must establish that:

1. The defendant took possession of property owned by someone else.
2. The property was taken without the owner's consent.
3. The defendant intended to permanently deprive the owner of the property or keep it for an extended period, depriving the owner of significant value or enjoyment.
4. The defendant moved the property and held onto it, even if only briefly.

Why You Need a Skilled Bakersfield Criminal Defense Lawyer

A grand theft charge can have serious consequences, affecting your freedom and future. Whether the case goes to trial or not, you need an experienced criminal defense attorney who knows how to challenge the prosecution's claims and navigate complex legal arguments.

If you've been arrested for grand theft in Bakersfield or surrounding areas, contact Martens Law Firm today at (559) 372-0942 or (661) 336-9335 for a consultation with an experienced defense lawyer who can protect your rights and fight for the best possible outcome in your case.