What Qualifies as Grand Theft Under California Law
California Penal Code 487 defines grand theft as the unlawful taking of property valued over $950. But the $950 threshold isn’t the only trigger. Several categories qualify as grand theft regardless of value: a motor vehicle (PC 487(d)(1)), a firearm (PC 487(d)(2)), or property taken directly from another person’s body or immediate presence.
Employee theft is handled differently. When an employee takes money, labor, or property from an employer, amounts can be aggregated over a 12-month period. If the total exceeds $950, the charge becomes grand theft even if no single incident crossed that line. In certain agricultural theft cases, the threshold drops further to $250.
Grand theft can be committed in more than one way:
- Larceny: Taking property without consent and carrying it away
- False pretenses: Obtaining property through a knowingly false representation
- Trick: Gaining possession of property through deception while the owner retains title
- Embezzlement: Fraudulent appropriation of property entrusted to the defendant
Related charges are frequently filed alongside PC 487, including burglary (PC 459), receiving stolen property (PC 496), and robbery (PC 211). Examining exactly what is charged and how the prosecution intends to prove value are essential first steps. When the property’s worth is near the $950 line, a valuation dispute can shift the entire charge classification.
Penalties for Grand Theft in California
Felony grand theft can carry a sentence of 16 months, two years, or three years in custody. A misdemeanor conviction can carry up to one year in county jail. Felony convictions can also result in fines up to $10,000, and restitution to the victim is mandatory in most theft cases, remaining enforceable even after probation ends.
Value-based sentence enhancements can add further time. Under California Penal Code 12022.6, when stolen property exceeds $50,000 in value, an additional year may be added, with further enhancements available at higher thresholds. A felony grand theft conviction can also prohibit firearm ownership.
The consequences extend well beyond sentencing:
- Immigration: Theft offenses may qualify as crimes involving moral turpitude under federal immigration law, potentially creating removal or inadmissibility consequences for non-citizens
- Professional licensing: A theft conviction can jeopardize licenses held by nurses, contractors, real estate agents, and teachers, among others
- Employment and housing: Background check disclosures can limit job opportunities and rental applications for years
Many misdemeanor and some felony grand theft convictions may be eligible for dismissal after successful probation completion under California Penal Code 1203.4. Eligibility depends on the offense classification and whether a state prison sentence was served.
How We Defend Grand Theft Cases at the Torrance Courthouse
Grand theft cases arising in the South Bay are heard at the Torrance Courthouse, part of the Los Angeles County Superior Court system. Our familiarity with that courthouse and the prosecutors who appear there shapes how we approach each case from day one.
Robert Ernenwein’s years in the LA County DA’s Office give us a direct understanding of how prosecutors evaluate grand theft charges, what factors push them toward a felony filing, and where the evidence can be challenged. We pair that insight with an on-staff licensed private investigator and former LAPD officer who conducts independent factual investigations to build a strong defense record.
Common defenses we examine in grand theft cases include:
- Lack of intent: Grand theft requires intent to permanently deprive the owner of property; without that intent, the charge may not stand
- Owner consent: A reasonable, good-faith belief that the owner consented to the taking can negate criminal liability
- Claim of right: A genuine belief that the defendant owned or had a right to the property is a recognized defense
- Valuation challenge: Disputing that the property exceeded $950 in value can reduce the charge to petty theft
- Unlawful search or seizure: Evidence obtained in violation of the Fourth Amendment may be suppressible, potentially dismantling the prosecution’s case
When pre-filing intervention is possible, it’s often the highest-leverage point in a grand theft defense. We work to engage with prosecutors before charges are filed, pursuing dismissals, reduction from felony to misdemeanor, deferred entry of judgment, and diversion programs including mental health, substance abuse, and military service diversion where appropriate. When a favorable resolution isn’t achievable through negotiation, Robert Ernenwein is prepared to take the case to jury trial.
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I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
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Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
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If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!- Jake L.
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They are the gold standard for defense attorneys. A+- Former Client
Why Torrance Residents Choose Ernenwein & Mathes, LLP for Grand Theft Defense
Robert Ernenwein’s board certification in criminal law by the California State Bar Board of Legal Specialization sets him apart from many defense attorneys. That certification requires documented peer recognition, years of active criminal law practice, a written examination, and strict ethical standards. Combined with ratings of Superb from Avvo, Preeminent from Martindale-Hubbell, and recognition from Super Lawyers, our firm’s credentials reflect decades of recognized performance in Southern California criminal defense.
Our practice is devoted exclusively to criminal law. Clients aren’t routed through case managers for updates on their own cases. Both Robert Ernenwein and Michelle Mathes provide direct communication, including their cell phone numbers, so clients can reach their attorney when it matters. We also provide legal services in Spanish, making our defense accessible to a broader range of South Bay residents.
We represent clients throughout Torrance, Palos Verdes, Manhattan Beach, Redondo Beach, Hermosa Beach, El Segundo, San Pedro, Hawthorne, Long Beach, and surrounding communities across Los Angeles County. Our membership in the NACDL, LACBA, and South Bay Bar Association reflects our standing in both the local and national criminal defense community.
Get Ahead of Your Grand Theft Charge
The earlier we get involved, the more options may be available. Pre-filing intervention, charge reduction, and diversion all require time and action before critical deadlines pass. A free, confidential consultation with Ernenwein & Mathes, LLP costs nothing and puts you in direct contact with an attorney, not a case manager.
Call our Torrance office at (310) 361-3068 to speak directly with Robert Ernenwein or Michelle Mathes about your grand theft case.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-361-3068 today!
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Should I Hire A Torrance Juvenile Attorney For My Child?
Absolutely.
The right counsel can help you avoid pitfalls that may arise in the case, such as the juvenile court’s determination that the case is serious enough (i.e., felony) to justify your child being charged and tried as an adult. If your child is tried as an adult, his or her case is moved to adult criminal court, and if convicted, may go to prison with adult offenders.
The defense lawyers at Ernenwein & Mathes, LLP, have handled over 1,000 juvenile cases over the course of their combined 60 years of experience. We will make every possible effort to allow your child to remain in juvenile court. We can attend your child’s fitness hearing, where the court makes the decision regarding whether to try your child as an adult or a juvenile. Psychiatric reports, probation reports and legal arguments can be arranged to help convince the juvenile court to retain its jurisdiction over the minor.
As Robert Ernenwein is a former Los Angeles deputy district attorney, the lawyers at Ernenwein & Mathes, LLP, know the criminal process inside out, giving them a distinct edge when they represent you in court. They are well-respected and well-known by Los Angeles prosecutors and judges.
If your child has been charged in a criminal case, contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at (310) 361-3068 for a free case review.
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What Kind Of Punishment Will My Child Received If She Or He Is Convicted?
Generally, punishments fall into four different categories. First, your child may be sent home on probation. Second, the juvenile may be sent to a placement facility within the community, such as a boys’ or girls’ home. Third, the juvenile may be sent to a camp facility. The camp may be a short-term camp and last as little as four months or as long as 12 months. Finally, your child may be sent to DJJ, which is a juvenile version of an adult state penitentiary.
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If My Child Is Convicted, Will The Conviction Remain On His Criminal Record?
If you hire us, we will try to get your child’s case deviated out of the criminal justice system through deferred entry of judgement or to seek informal probation with dismissal or a dismissal after formal probation. If we can secure these as conviction/sentencing options, the offense will not go on his or her criminal record. If a plea of no contest or conviction occurs in a case, the record can be sealed after the juvenile’s 18th or 21st birthday.
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My Child Has Been Taken Into Custody. What Can He/She Be Charged With?
Depending on the seriousness of the charged offense, the prosecutor can file either misdemeanor or felony charges. If a minor is convicted of a misdemeanor, he will be placed on probation, detained in a juvenile facility, such as a boot camp or a ranch, ordered to pay a fine or a combination of these punishments. If the minor is convicted of an infraction, such as a motor vehicle violation, he or she will usually be punished with a fine.
However, the minor will face much more severe consequences if he is convicted of a felony. The court may sentence to incarceration in a state institution, such as the Division of Juvenile Justice (DJJ), which is the equivalent to a state prison sentence for adults. In addition to or in the alternative, the court may order house arrest (electronic monitoring), commitment in a youth center, probation, parole or undergoing treatment programs.
There are rules and procedures that are unique to the California Juvenile Court and, therefore, make it very different from adult criminal court. For instance, juveniles are not entitled to jury trials (the theory being that, since juveniles are being rehabilitated rather than punished, they are not entitled to all protections otherwise afforded adult criminals). Juveniles also have no right to bail.
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If You Were Not Drunk When The Fatal Crash OccurredEven if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play, too, which basically means you disregarded the safety of others.
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