Grand theft under California Penal Code 487 is taking someone else’s money, labor, or property worth more than $950. If the value is $950 or less, the charge is generally petty theft — a lesser offense. But the $950 threshold is not the whole story: stealing an automobile or a firearm, or taking property directly from another person, is automatically grand theft regardless of the value involved.
Grand theft is a “wobbler,” meaning prosecutors can charge it as either a felony or a misdemeanor. A felony conviction carries up to three years in custody; a misdemeanor carries up to one year in county jail. And since Proposition 36 took effect, new sentencing enhancements can add years to a grand theft sentence in cases involving multiple participants or large losses.
Attorney Anthony J. Nuñes handles theft cases from offices in La Mirada and Santa Ana. This article explains what constitutes grand theft in California, how it is charged, the penalties, and the applicable defenses. It provides general information only, not legal advice — every case requires individual evaluation.
What Is Grand Theft Under Penal Code 487?
Penal Code 487 defines grand theft in California as the unlawful taking of another person’s property — money, labor, or real or personal property — valued at more than nine hundred fifty dollars ($950). Below that line, the offense is generally a petty theft charge under Penal Code 484 — the distinction that gives the $950 figure its outsized importance in California theft crimes.
Several categories of property are automatically considered grand theft, regardless of value. Stealing an automobile is grand theft auto under Penal Code 487(d)(1), and stealing a firearm is grand theft firearm under Penal Code 487(d)(2) — even if the car or gun is worth less than $950. Taking property directly from another person, such as a wallet from a pocket or a phone from someone’s hand, is also grand theft regardless of the property’s value. The statute even includes a lower threshold for certain agricultural property: farm crops valued at more than $250 can qualify.
Grand theft can also be built from repeated smaller takings. If an employee repeatedly takes money, labor, or property from an employer and the combined value exceeds $950 within any 12-month period, the takings can be charged together as grand theft. California courts have long allowed distinct but related acts of theft to be combined into a single grand theft charge when they were committed against the same victim pursuant to a single intention, a single general impulse, and a single plan. And under Proposition 36, prosecutors can now go further: Penal Code 490.3 allows the value of thefts from separate incidents — even when involving multiple victims or different counties — to be aggregated to exceed the $950 threshold. That is the same provision that can elevate repeat shoplifting charges in California after Prop 36 into felony territory.
The Four Ways Grand Theft Is Charged
California law recognizes four legal theories of grand theft. The label matters because each theory has its own elements the prosecution must prove beyond a reasonable doubt.
Grand Theft by Larceny
Larceny is the classic form: physically taking and carrying away someone else’s property without consent, with the intent to permanently deprive the rightful owner of it. The elements are set out in the California Criminal Jury Instructions (CALCRIM 1800), and the prosecution must prove each one — including that the stolen property actually belonged to someone else and was moved, even a short distance. Most shoplifting-style thefts that cross the $950 line are charged as grand theft by larceny.
Grand Theft by False Pretenses
False pretenses means knowingly deceiving a property owner with a false representation, causing the owner to hand over both possession and ownership of the property in reliance on the lie.
Grand Theft by Trick
Theft by trick is similar, but the fraud obtains only possession of the property — not title. The owner never intended to transfer ownership.
Grand Theft by Embezzlement
Embezzlement occurs when an owner entrusts property to someone — often an employee — because of a relationship of trust, and that person fraudulently converts the property to their own benefit. Workplace theft allegations are commonly charged under this theory.
Is Grand Theft a Felony or a Misdemeanor in California?
Grand theft is a wobbler, so the prosecutor decides whether to file the case as a felony or a misdemeanor. That decision typically turns on the value of the property, the circumstances of the offense, and the defendant’s criminal history.
The penalties for grand theft depend on how the case is filed. Misdemeanor grand theft is punishable by up to one year in county jail, fines, and restitution to the victim. Felony grand theft is punishable by 16 months, two years, or three years in county jail or state prison, along with fines of up to $10,000 and restitution. First-time offenders with values close to the $950 line are more likely to see misdemeanor filings; larger losses and prior convictions push cases toward felony charges, and a plea bargain often turns on which side of that line the case falls.
Prop 36 Sentencing Enhancements
Proposition 36, which took effect in December 2024, added sentencing enhancements aimed at organized “smash and grab” theft. Committing grand theft together with two or more other people can add one, two, or three years to the sentence. Causing $50,000 or more in property loss can add additional time on top of the base sentence. These enhancements are served consecutively, meaning they stack on top of the underlying grand theft penalty rather than being applied simultaneously.
Reducing a Felony to a Misdemeanor
Because grand theft is a wobbler offense, a felony charge does not necessarily result in a felony conviction. Under Penal Code 17(b), the court can reduce a wobbler felony to a misdemeanor at several stages — at the preliminary hearing, at sentencing, or even after conviction. Factors include the extent to which the value exceeded $950, the defendant’s record, whether restitution has been paid, and the circumstances of the offense.
Grand Theft vs. Related Charges
Theft cases often involve overlapping statutes, and the differences matter.
Petty theft under Penal Code 484 and 488 covers property worth $950 or less and is generally a misdemeanor. Robbery under Penal Code 211 is the taking of property by force or fear — it is always a felony and always a strike, which is why challenging an overcharged robbery down to grand theft can dramatically change a case. Grand theft itself is generally not a strike, with one important exception: grand theft of a firearm is a serious felony that counts as a strike under California’s Three Strikes law. Burglary under Penal Code 459 punishes entering a building or vehicle with the intent to commit theft or a felony inside, regardless of whether anything is actually taken.
Vehicle theft has its own split. Grand theft auto under Penal Code 487(d)(1) requires intent to permanently deprive the owner of the vehicle. Unlawful taking or driving of a vehicle — commonly called joyriding — under Vehicle Code 10851 covers temporary takings and carries lighter penalties, which makes it a common reduction target in vehicle theft cases.
What Are the Defenses to a Grand Theft Charge?
The prosecution must prove every element of grand theft beyond a reasonable doubt, and several defenses recur in these cases.
The most overlooked defense is challenging the property’s value. The law measures fair market value — the price the property would actually bring on the open market at the time and place of the theft — not the retail price, the wholesale value, the replacement cost, or the sentimental value. Used electronics, worn clothing, and opened merchandise are often worth far less than their sticker price. If the true fair market value is $950 or less, the charge must be reduced to petty theft. In cases near the threshold, an independent valuation can change the entire posture of the case.
Other defense strategies include lack of intent to permanently deprive — borrowing with intent to return, a genuine mistake, or a good-faith belief that the property was yours (a “claim of right”). Consent is a complete defense: if the owner willingly gave you the property with knowledge of the facts, there is no theft. Mistaken identity comes up in cases built on surveillance footage or witness descriptions, where the prosecution cannot establish beyond a reasonable doubt who actually took the stolen goods. People are also falsely accused of grand theft with some regularity, particularly in disputes arising from failed business deals, employment conflicts, and family matters. And where the charge depends on adding multiple takings together, the aggregation itself can be challenged — whether the incidents can legally be combined at all.
Collateral Consequences of a Grand Theft Conviction
A grand theft conviction carries consequences beyond jail and fines. Courts order the defendant to pay restitution to the victim, and a theft conviction on your criminal record affects employment, professional licensing, and housing for years — theft crimes are precisely what background checks are designed to surface.
For noncitizens, the stakes are higher. Theft offenses are generally treated as crimes involving moral turpitude under federal immigration law, which can make a grand theft conviction a deportable offense or a bar to a green card or naturalization. If you are not a U.S. citizen, the immigration impact should be evaluated before any plea — our article on how a criminal charge can affect your immigration status in California explains how this works.
There is a path forward after a conviction. A grand theft conviction can be expunged under Penal Code 1203.4 after successful completion of probation, and a wobbler felony may be reduced to a misdemeanor under Penal Code 17(b). For the full process, see our guide on how to get a criminal record expunged in California.
Frequently Asked Questions
Is grand theft a felony in California?
It can be. Grand theft is a wobbler, meaning prosecutors can charge it as either a felony or a misdemeanor based on the value of the property, the circumstances, and the defendant’s criminal history. Felony grand theft carries 16 months, two years, or three years in custody; misdemeanor grand theft carries up to one year in county jail.
What is the difference between grand theft and petty theft?
The dividing line is $950. Theft of property worth more than $950 is grand theft under Penal Code 487, while theft of $950 or less is petty theft. However, stealing an automobile or a firearm, or taking property directly from another person, is automatically grand theft regardless of the property’s value.
Can a grand theft charge be reduced to petty theft?
Yes, if the property’s fair market value was actually $950 or less. California measures value by fair market value at the time of the theft — not retail or replacement price — and used or opened merchandise is often worth far less than its sticker price. If the true value does not exceed $950, the charge must be treated as misdemeanor petty theft.
Is stealing a car always grand theft?
Not always. Grand theft auto under Penal Code 487(d)(1) requires intent to permanently deprive the owner of the vehicle. Temporary takings can instead be charged as unlawful taking or driving of a vehicle under Vehicle Code 10851 — commonly called joyriding — which carries lighter penalties.
Can multiple small thefts add up to grand theft?
Yes. Repeated takings from an employer that total more than $950 within any 12-month period can be charged together as grand theft. Separately, under Proposition 36, prosecutors can aggregate the value of thefts from separate incidents under Penal Code 490.3 to reach the $950 threshold, even when the individual thefts occurred in different places.
Can a grand theft conviction be expunged?
Yes, in most cases. A grand theft conviction can be expunged under Penal Code 1203.4 after successful completion of probation, and a felony wobbler conviction may also be reduced to a misdemeanor under Penal Code 17(b), which restores some of the rights a felony affects.
Talk to an Orange County Theft Defense Attorney
If you are facing a grand theft charge in Orange County, the difference between a felony and a misdemeanor — or between grand theft and petty theft — often comes down to valuation, intent, and how the case is handled from the start. An early evaluation can identify whether the $950 threshold was actually met, which defenses apply, and whether a reduction is realistic.
Contact the Law Office of Anthony J. Nuñes at (714) 404-3131 to schedule a consultation. Attorney Nuñes handles criminal defense and theft cases from offices in La Mirada and Santa Ana, serving clients throughout Orange County, including Anaheim, Garden Grove, and Fullerton.
This article provides general information about grand theft under California Penal Code 487. It is not legal advice. Every theft case involves unique facts, valuation questions, and charging decisions that require individual evaluation by a qualified attorney.