When Can I Be Arrested for Grand Theft?
In California, the crime of stealing is separated into grand theft and petty theft. The difference between the two lies in the value of the goods or property illegally taken. Grand theft is a more serious offense and can result in years in prison.
In pricey shops or boutiques, what seems like minor shoplifting can quickly escalate to charges of grand theft. You should be aware of the differences so that a little slip-up does not cost you a jail term.
Various Forms of Grand Theft in California
There are four different ways you can commit grand theft in California. These are:
- Grand theft by larceny
- Grand theft by false pretense
- Grand theft by trick
- Grand theft by embezzlement
All four methods require various actions on your part to lead to a conviction. The critical link between the four is that you obtained someone else’s property, and the way you came to be in control of the property was illegal.
Larceny is the legal term for stealing, so grand theft by larceny is taking someone else’s things from them. Stealing from a store or a neighbor falls under this category. You also must actually move the property to commit a crime. The movement does not have to be a long distance. For example, if you swipe a new laptop at a coffee shop from the owner’s table to your own, that can result in charges.
Grand theft by false pretense and by trick are very similar. Both require you to take someone else’s property by leading them to believe it is for their benefit, such as by making a promise you know you are not going to follow through with.
The final category, embezzlement, deals with taking property from your employer or client. If you are trusted to maintain or secure the property but use it for your own benefit, you may have committed this version of grand theft.
Grand Theft Is of Property Worth $950 or More
There is a hard line in California between petty and grand theft. Any stealing of property valued at $950 or more is grand theft. This is a cumulative amount, so if you steal a $500 ring and $500 watch at the same time, that will count as grand theft. Because charges are based on a dollar amount, shoplifting can quickly escalate to grand theft, especially if you take expensive items.
There is no upper limit on the value of the property that falls under grand theft. Some grand theft by embezzlement cases could involve millions of dollars in property loss. But California only distinguishes between petty and grand theft. The punishment can be enhanced for grand theft involving more considerable sums of money.
Penalties for California Grand Theft
Grand theft can be charged as either a misdemeanor or a felony. Your criminal history and the facts of the case – including the amount stolen – will impact whether you face weightier charges.
For a misdemeanor, the maximum sentence is a year in county jail. However, felony grand theft convictions carry possible jail terms of 16 months, two years, or three years. There are sentence enhancements for felony grand theft that will add years to your time. The harsher penalty schedule is:
- One year for property valued more than $65,000.
- Two years for any property values above $200,000.
- Three years for an amount stolen greater than $1,300,000.
- Four years for any theft of an amount more than $3,200,000.
Finally, any grand theft crime that involves the taking of a firearm or gun is a felony. This crime will also count as a strike against California’s three-strikes system, unlike other grand theft convictions.
Have you been arrested for grand theft in Newport Beach, California? The experienced criminal defense attorneys at Chambers Law Firm can help resolve your charges. Set up an initial case consultation by calling 714-760-4088 or emailing dchambers@clfca.com today.
