Grand theft is a violation of Penal Code Section 487. Penal Code Section 487 can be filed as both a felony and a misdemeanor. It is a “wobbler”.
Grand theft occurs when:
- The property taken had a value exceeding $400;
- Property, regardless of its value, was taken from someone’s person or business;
- The person taking the goods had the intent to permanently deprive the victim of possession of their item(s).
Grand theft has several defenses, and there are many issues surrounding this charge.
Dependant on the defendant’s prior record, the defendant can be charged with a misdemeanor, even if the amount taken is greater than $400.
For example, if something is taken that when brand new, would cost $1,000, but when used is worth $250, the argument could be made that the value of the property taken was only $250, and therefore should be classified as a misdemeanor.
If you have been charged with grand theft, please contact the Law Offices of Stull & Stull immediately. We will educate you on the laws surrounding grand theft, as well as all available defenses. We are very experienced in handling these matters and the initial consultation is free.
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