The Different Types of Grand Theft in California

In California, there are four distinct types of grand theft charges you may face. Grand theft is considered taking anyone else’s property, money, or labor valued at $950 or more. Any theft of less than $950 worth of goods or services is considered petty theft. A California prosecutor can charge you with either a misdemeanor or a felony for all four types of grand theft. However, if you commit any grand theft using a gun, you can face felony charges.

Grand Theft by Larceny

The first type of grand theft in California is by larceny. Larceny can be thought of as common stealing, where you take someone else’s property and move it somewhere else. To be convicted of grand theft by larceny, a California prosecutor must prove that you:

• Took some other individual’s property;
• Without their permission;
• Intending to either:
  • Permanently possess the property; or,
  • Keep it for enough time to deprive the rightful owner of a significant amount of its value; and,
• You moved the property.

Merely moving something a few inches for a few seconds can count as larceny if your intentions were to keep the item.

Grand Theft by False Pretenses

The second California grand theft crime is false pretenses. In this case, it is a crime to:

• Knowingly and intentionally tell someone else something that isn’t true;
• To deceive that other person
• With the intention to persuade the other person to give you their property; and,
• The other person did, in fact, give you their property.

For example, say you tell someone that their expensive watch is a cheap replica and offer to take it from them, so they are not embarrassed by wearing a fraud. If the other person relies on your claim and gives you the watch, you committed grand theft.

Grand Theft by Trick

Grand theft by trick is very similar to grand theft by false pretenses. However, unlike the crime of false pretenses, grand theft by trick occurs if the other person only intends to temporarily grant you possession of the property.

The illegal trick is so that you can take temporary possession of an item. If the original owner does not intend to transfer ownership when turning over an item, it may be grand theft by trick.

Imagine in the previous scenario you tell the watch’s owner it is a fake and offer to take it to the store that sold it and confront the jeweler on the other individual’s behalf. In this case, the watch owner hands you the watch to take temporary possession, fully intending for you to return the watch once you confront the jewelry store owner. Unlike the scenario above, where they give you ownership of the watch under false pretenses, now they have only given you possession by trick.

Grand Theft by Embezzlement

Finally, the last grand theft charge is by embezzlement. If you are given control of another person’s property as a position of trust, and you abuse this trust by benefiting yourself, you have embezzled the property.

Imagine you have control of your employer’s business bank accounts. You are supposed to pay other employees and vendors from the accounts but instead transfer (unearned) funds to your personal bank. Even if you plan to return the funds before being discovered, you committed grand theft by embezzlement.

Punishment for Grand Theft in California

So long as the amount stolen or misappropriated is $950 or greater, you can face grand theft charges. As a misdemeanor, you will be looking at up to a year in county jail if convicted. However, if the prosecutor determines your case or criminal history warrants felony charges, you face a maximum sentence of up to three years in jail.

There are also sentence enhancements for grand theft crimes. First, if you use a gun, you can serve up to three years in state prison. Additionally, if the amount you stole exceeds $65,000, a prosecutor can seek an enhanced penalty that is additional and consecutive to the base jail sentence. At the top, if the property was worth in excess of $3.2 million, you can face an additional four years.

Have you been charged with a grand theft crime in Santa Ana, California? Call the skilled criminal defense team at Chambers Law Firm today. You can set up a fee-free initial meeting by calling 714-760-4088 or emailing dchambers@clfca.com.