Grand Theft Lawyer in Newport Beach

What Qualifies as Grand Theft Under California Law

California Penal Code 487 defines grand theft as the unlawful taking of property valued at more than $950. The dollar threshold isn’t the only trigger, though. Certain categories of property are always charged as grand theft regardless of value.

The Four Forms of Grand Theft

Grand theft can be charged in four forms, depending on how the taking occurred:

• Grand theft by larceny: Physically taking and moving another person’s property without consent and with intent to permanently deprive the owner
• Grand theft by false pretenses: Knowingly making fraudulent representations to obtain someone’s property
• Grand theft by trick: Using fraud or deceit to obtain possession (though not ownership) of another person’s property
• Grand theft by embezzlement: Fraudulently using or converting property that was entrusted to you by its owner

Property That Triggers Grand Theft Regardless of Value

Theft of a vehicle constitutes grand theft auto under PC 487(d)(1). Theft of a firearm is always charged as a felony. Theft of property taken directly from another person’s body, such as a wallet or phone, also qualifies as grand theft regardless of what the item is worth.

Multiple smaller thefts may also be aggregated into a single grand theft charge. If separate takings are motivated by one intention, one general impulse, and one plan, whether against the same employer or across multiple victims, and the combined value exceeds $950, prosecutors can charge them as a single offense. It’s also worth noting that theft offenses are classified as crimes of moral turpitude under California law, which means professional licensing boards, including those overseeing nursing, real estate, and contracting, may treat a conviction as grounds to deny or revoke a license.

Penalties for Grand Theft in California

Because grand theft is a wobbler, the penalties depend heavily on how the charge is filed and the facts of the case. A misdemeanor conviction carries up to one year in county jail. A felony conviction carries 16 months, two years, or three years in state prison.

Sentence Enhancements Based on Property Value

When the value of the stolen property is substantial, enhancements can add significant time beyond the base term:

• Over $50,000: Up to one additional year
• Over $200,000: Up to two additional years
• Over $1,000,000: Up to three additional years
• Over $3,000,000: Up to four additional years

Additional Penalty Considerations

Grand theft auto carries up to three years in county jail and fines up to $10,000. A defendant with a prior felony conviction may face a felony filing even if the value of the property involved falls below $950. Beyond incarceration, a conviction can affect immigration status and follow someone through every future employment background check. Grand theft charges in Newport Beach are prosecuted by the Orange County District Attorney’s Office and heard at the Harbor Justice Center in Newport Beach, which handles criminal matters from Newport Beach, Costa Mesa, and Huntington Beach.

Defense Strategies for Grand Theft Charges

Because all of our attorneys began as prosecutors, we approach grand theft cases with a clear picture of how the other side organizes its evidence and which arguments it favors. That knowledge lets us identify weaknesses in the prosecution’s case before they become problems at trial.

The right defense strategy depends on the facts of each case. Common approaches include:

• Challenging intent: Grand theft requires proof of intent to permanently deprive the owner of their property. If the prosecution can’t establish that intent beyond a reasonable doubt, the charge can’t stand. A defendant who genuinely believed they had permission to take the property, or who believed it was their own, may assert a lack of criminal intent.
• Disputing value: If the property’s value can be shown to fall below $950, a grand theft charge may be reduced to petty theft, a misdemeanor with significantly lower penalties.
• Owner consent: If the property owner authorized the taking, that is a complete defense to grand theft.
• Challenging the evidence: Mistaken identity, insufficient evidence, and evidence obtained through a defective search warrant may all provide grounds to challenge the charge or seek suppression of key evidence.
• Negotiating the wobbler: In many cases, we may be able to negotiate with the prosecutor to have a felony filed as a misdemeanor, or pursue a charge reduction or dismissal based on the defendant’s history and the specific facts involved.

Depending on the facts, possible outcomes include charge reduction, diversion, a negotiated plea, or acquittal at trial. No result is assured, but the strategy we build for each client draws on every resource our firm has, from the first consultation forward.

Speak with a Newport Beach Grand Theft Attorney Today

The decisions made in the first hours after a grand theft arrest can shape the entire case. We’re available around the clock to respond immediately, and your first consultation is free. There’s no financial obligation to sit down with us and understand your options.

Our firm handles criminal defense and nothing else. When you work with us, you get attorneys who have tried these cases, prosecuted them, and know exactly what a strong defense requires.

Contact Corrigan Welbourn Stokke, APLC now at (949) 251-0330. We’re available 24/7 to take your call.