CALIFORNIA CRIMINAL LAWYERS

Los Angeles Grand Theft

Understanding Grand Theft in California: Definition, Penalties, and Defenses

Under California Penal Code, grand theft is defined as the intentional act of taking property valued at more than $950 from another individual. It also includes certain types of property such as vehicles, firearms, and animals. In addition, taking property directly from the owner, regardless of its value, can be considered grand theft. The penalties for grand theft can be a sentence in county jail for up to one year if convicted for misdemeanor and 16 months to three years if convicted for felony. A conviction for grand theft can also lead to sentence enhancements, depending on the value of the property taken. This article will explore grand theft in California in more detail, including its penalties and defense strategies.

Definition of Grand Theft

The California Penal Code defines grand theft as the intentional act of taking property from another individual valued at more than $950. However, there are other types of property that fall under the classification of grand theft even if they are valued at less than $950. For example, if someone directly takes shoes, shirt, or other items from the owner, it is considered grand theft. Additionally, certain types of property such as vehicles, firearms, and some animals fall under the category of grand theft, regardless of their value. Taking fish, shellfish, aqua-cultural products, fruit, or nuts from a research facility or commercial fishery that are valued at more than $250 can also be considered grand theft.

Penalties for Grand Theft

An individual who is charged with grand theft can face serious penalties, depending on the severity of the offense. A prosecutor may choose to charge an individual with misdemeanor or felony grand theft based on the defendant’s past offenses and the specific facts surrounding the current case. In a misdemeanor grand theft conviction, an individual can face up to one year in a county jail. On the other hand, in a felony grand theft conviction, an individual can face 16 months to three years in prison.

Moreover, grand theft can come with sentence enhancements, which would add more time to the conviction. These enhancements depend on the value of the property taken. For example, an individual could face an additional one year in prison if the stolen property is valued at more than $65,000, two years added to the sentence if the value is over $200,000, three years added to a sentence if the value is over $1,300,000, and four years added to a sentence if the property value is more than $3,200,000.

Examples of Grand Theft

There are diverse examples of grand theft. Taking someone’s wallet from their pocket or a bracelet from a jewelry store that is worth 5 can be considered grand theft. Additionally, if a computer that is valued at more than $950 is taken from someone’s home, it can also be considered grand theft.

Grand Theft Defense

Due to the severity of grand theft charges, it is essential for anyone facing the accusation to seek out a credible legal representative. The attorney can develop a strong defense strategy; there are several approaches that they can use to prove that an individual was not intentionally committing grand theft.

Proving No Intent to Steal

To convict someone of grand theft, prosecutors must establish beyond reasonable doubt that there was intent to unlawfully take another individual’s property. Proving that there was no intent to take someone’s property is a viable defense strategy, and this can be demonstrated by a sound and solid defensive case.

Consent Granted from the Owner

If the property owner gave the defendant permission to take the property, then it is not considered grand theft.

An Assumption that the Property belongs to the Defendant

In some cases, the defendant may believe that the property belongs to them, which is not considered grand theft. If an individual believed that the property was theirs, it would also prove that there was no intent to steal, which is one of the legal thresholds for a grand theft conviction.

Falsely Accused

If an individual is falsely accused of grand theft, then a good legal team would investigate the situation and gather the necessary elements to prove the defendant’s innocence.

Conclusion

A grand theft charge is a serious criminal offense in California that can pose significant penalties, including jail or prison time, hefty fines, and a lasting impact on a person’s life. Ultimately, it is essential to explore your legal options and seek legal help as soon as possible to lessen the devastating consequences that come with a grand theft conviction. It is possible to challenge the accusation, but it requires a qualified and experienced legal representative to develop an effective defense strategy.