Penal Code § 487 PC/b> - “Grand Theft”
1. What is Penal Code § 487 PC?
Penal Code § 487 PC Law Reads As Followed:
(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:
2. What Are Examples of Penal Code § 487 PC?
Grand theft under California Penal Code § 487 PC can occur in many different situations — far beyond simply shoplifting expensive merchandise. This law covers any unlawful taking of property worth more than $950, as well as certain items like vehicles, firearms, and livestock regardless of value.
To help you better understand, here are several real-world examples of conduct that could lead to grand theft charges.
1. Stealing High-Value Retail Merchandise
Taking an item from a store worth more than $950 without paying is grand theft.
Example: Removing a designer watch valued at $1,500 from a display case and walking out without paying.
Under Penal Code § 487(d)(1), stealing a motor vehicle is automatically grand theft, no matter the vehicle’s value.
Example: Taking a neighbor’s car without permission and intending to keep it or sell it.
3. Theft of a Firearm
Under Penal Code § 487(d)(2), stealing a firearm is always considered grand theft, regardless of its market price.
Example: Taking a handgun from someone’s locked safe without their consent.
4. Grand Theft by Embezzlement
When property or money is entrusted to someone and they unlawfully keep it for themselves, it may be grand theft.
Example: A company accountant transferring $5,000 from a business account into their personal account.
5. Theft by Trick
Convincing someone to hand over property temporarily — with no intention of returning it — can also qualify.
Example: Borrowing a friend’s $3,000 camera under the pretense of a one-day photo shoot, then pawning it.
6. Grand Theft of Agricultural Products
Certain farm products and livestock are covered under Penal Code § 487(b) and can be grand theft even if the value is below $950.
Example: Stealing a horse from a stable or taking several crates of citrus fruit from an orchard.
7. Theft from the Person of Another
Taking property directly from another person — no matter the value — can be grand theft under certain circumstances.
Example: Snatching a wallet from someone’s hand or a cell phone from their pocket.
3. What are Common Defenses Against Penal Code § 487 PC?
Being accused of grand theft under California Penal Code § 487 PC is a serious matter that can lead to jail time, fines, and a permanent criminal record. However, an arrest or charge does not automatically mean a conviction. There are several legal defenses that an experienced criminal defense attorney can use to challenge the prosecution’s case and protect your rights.
At Grace Legal Group, we carefully analyze the facts, evidence, and circumstances surrounding your case to determine the best strategy. Below are some of the most common defenses against grand theft charges.
1. Lack of Intent to Steal
One of the most important elements of grand theft is the intent to permanently deprive the owner of their property.
Defense Example: You took an item believing you had permission to use it, or you intended to return it. If the prosecution cannot prove intent beyond a reasonable doubt, the charge cannot stand.
2. Mistaken Ownership or Right of Possession
If you genuinely believed that the property was yours, or that you had a lawful right to it, this can be a valid defense.
Defense Example: You repossessed a car you thought you still owned after a disputed sale.
3. Consent from the Owner
If the owner gave you permission to take or use the property, then no theft occurred.
Defense Example: The property owner loaned you their laptop, and later accused you of stealing it because you kept it longer than expected.
4. Insufficient Evidence
Prosecutors must prove each element of grand theft beyond a reasonable doubt. If the evidence is weak, unreliable, or based solely on circumstantial claims, the case can be challenged.
Defense Example: Surveillance footage is unclear, and there are no credible witnesses linking you to the alleged theft.
5. Property Value Below $950
If the property’s value is under $950 and does not fall under special categories like firearms, vehicles, or certain agricultural goods, the charge should be reduced to petty theft under Penal Code § 484.
Defense Example: An expert appraisal shows the stolen jewelry’s market value was only $700.
Personal disputes, workplace conflicts, or misunderstandings can lead to false theft allegations.
Defense Example: A co-worker accuses you of embezzlement to cover up their own misconduct.
7. Entrapment
If law enforcement pressured or persuaded you into committing an act you otherwise would not have committed, this may be a defense.
Defense Example: An undercover officer pushes you into taking part in a theft scheme you initially refused.
our clients say it best
Client Testimonials
4. What are The Penalties for Violating Penal Code § 487 PC?
In California, grand theft under Penal Code § 487 PC is a serious offense that can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. This type of offense is known as a “wobbler”, meaning the prosecutor has discretion in how to file the charges.
The severity of the penalties depends on several factors, including:
The value and type of property taken
The method used to commit the theft
Whether the defendant has prior convictions
If the theft involved special items such as vehicles, firearms, or livestock
Misdemeanor Grand Theft Penalties
If charged as a misdemeanor, the potential penalties include:
Up to 1 year in county jail
Fines up to $1,000
Summary probation
Restitution to the victim
Misdemeanor grand theft is more likely when the defendant has no prior theft-related convictions and the circumstances are less severe.
Felony Grand Theft Penalties
If charged as a felony, the potential penalties include:
16 months, 2 years, or 3 years in county jail
Fines up to $10,000
Formal probation
Restitution to the victim
Special Penalty Enhancements
California law allows for additional penalties if the stolen property’s value is especially high:
Over $65,000 – Additional 1-year sentence enhancement
Over $200,000 – Additional 2-year sentence enhancement
Over $1.3 million – Additional 3-year sentence enhancement
Over $3.2 million – Additional 4-year sentence enhancement
These enhancements are served consecutively to the base sentence, significantly increasing prison time.
Under Penal Code § 487(d)(1), stealing a vehicle is grand theft auto. While many cases are charged under Vehicle Code § 10851, felony grand theft auto can carry up to 3 years in county jail and higher fines, especially for high-value or luxury vehicles.
The Collateral Consequences
Beyond jail time and fines, a grand theft conviction can also lead to:
A permanent criminal record
Loss of professional licenses
Immigration consequences for non-citizens, including deportation
Loss of firearm rights for felony convictions
Difficulty finding employment or housing
5. What Are the Related Offenses To Penal Code § 487 PC?
California law covers a wide range of theft and property crimes, many of which are closely related to grand theft under Penal Code § 487 PC. In some cases, prosecutors may charge these offenses instead of, or in addition to, grand theft depending on the facts of the case.
Understanding these related offenses is important because they may carry different penalties, require different elements of proof, or offer unique defense opportunities.
1. Penal Code § 484 PC – Petty Theft
Petty theft involves unlawfully taking property valued at $950 or less, unless the property is a firearm, vehicle, or other special category that automatically qualifies as grand theft.
Example: Shoplifting a pair of shoes worth $200.
2. Penal Code § 487(d)(1) PC – Grand Theft Auto
Stealing a motor vehicle is classified as grand theft auto, regardless of the car’s value.
Example: Taking a neighbor’s car without permission and intending to keep it.
3. Penal Code § 487(d)(2) PC – Grand Theft Firearm
Theft of a firearm is always grand theft under California law, regardless of its market value.
Example: Taking a handgun from someone’s locked gun cabinet.
4. Penal Code § 503 PC – Embezzlement
Embezzlement occurs when a person entrusted with someone else’s money or property unlawfully takes it for personal use. The value determines whether it’s charged as petty or grand theft.
Example: An employee diverts $10,000 from company accounts into their personal bank account.
5. Penal Code § 459 PC – Burglary
Burglary is entering a structure, room, or locked vehicle with the intent to commit theft or any felony. The theft itself may be petty or grand, but the unlawful entry makes it burglary.
Example: Breaking into a store after hours to steal merchandise.
6. Penal Code § 496 PC – Receiving Stolen Property
This offense involves knowingly buying, selling, receiving, or concealing property that has been stolen. The value determines whether the charge is petty or grand theft–level.
Example: Purchasing a $2,000 laptop at a suspiciously low price knowing it was stolen.
7. Penal Code § 470 PC – Forgery
Forgery involves falsifying, altering, or creating documents to commit fraud. In many cases, forgery is connected to theft crimes when it’s used to unlawfully obtain property or money.
Example: Signing another person’s name on a check to withdraw funds.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
function myFunction() { document.getElementById("text").innerHTML = "Facing criminal charges can be overwhelming. It is our job to make the process as clear as possible and lessen the burden on you. Although achieving success is a team effort, we work for you and do not consider the job done until the results bring peace to you and your loved ones."; document.getElementById("btn").style.display = "none"; }
You Are More Than What They Say
function myFunction1() { document.getElementById("text1").innerHTML = "Human beings are much more than what the prosecution may accuse them of. The prosecution sees over 100 criminal defendants in a day. Our clients must stand out among the rest. To do that, our firm creates mitigation packets to give to the prosecutor and the court. Your version of events, our legal analysis, evidence that can support our defense, letters of character, community engagement, and much more is included in this mitigation packet. We have effectively changed the way the prosecution works with clients who come from Grace Legal Group."; document.getElementById("btn1").style.display = "none";}
We Always Go The Extra Mile
function myFunction11() { document.getElementById("text11").innerHTML = "The police are not perfect. So to combat this, our investigative team of former law enforcement examines and reviews every aspect of the case leaning on every ounce of their prior experience. This allows for a thorough analysis of Strengths, Weaknesses, Opportunities, and Threats. Legal Motions are regularly drafted and submitted throughout the process to hold both the police and the prosecutor accountable. The Constitution must be upheld in other courts."; document.getElementById("btn11").style.display = "none"; }