California law, all theft crimes, including embezzlement, larceny, and stealing, fall under the broader category of theft, which is split into two categories: petty theft and grand theft. Depending on the monetary value of the crime and the circumstances surrounding it, these crimes can be subject to different punishments.
The division between grand and petty theft is due to the monetary value of what has been willfully and illegally taken. According to California Penal Code Section 487 (a), grand theft occurs "when the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars." Grand theft has several other applications and can include instances when someone steals or otherwise illegally takes farm or aquacultural products, crops, and animals that are valued over $250, according to Penal Code 487 (1) (a) and 487 (2).
Grand theft of real estate is also subject to a lower division line, as "Every person who converts real estate of the value of two hundred fifty dollars ($250) or more into personal property by severance from the realty of another" and illegally takes that property has committed grand theft under California Penal Code Section 487b.
When a theft does not meet the criteria of grand theft, it is deemed as petty theft. In California, petty theft is punishable under Penal Code Section 490 by a $1,000 fine, six months in county jail, or both. Most instances of petty theft come about in the form of shoplifting. Grand theft, however, is punished by a maximum of one year in county jail or state prison for 16 months, 2 years or 3 years. When grand theft involves theft of a firearm, the subject can be can also be punished by 16 months, 2 years, or 3 years of imprisonment and the charge would fall under California's Three Strikes Law. Under this law, if a person is convicted of three strike crimes in the state of California, they can receive a sentence of 25 years to life in prison.
Both petty and grand theft charges can result in serious punishments and lasting consequences. The Pasadena theft defense attorneys at The Law Offices of Daniel Kann can help if you or a loved one is facing theft charges in Southern California. Call us today for a complimentary consultation on your case at (626) 376-9218.
