Grand Larceny California: The Complete Guide
Grand Larceny California is a common issue that many individuals face on an everyday basis. That is why we decided to take on this topic and provide you basic information so that you can make informed decisions for the issue.
What Is Grand Theft?
The Grand Theft law states that if the stolen item is worth more than the limit for petty theft items established by the state; the accused will be charged with grand theft. In the state of California, any property valued at $950 or more will be charged under the Grand Theft clause.
Proof At Trial for Grand Larceny California
Proof at trial is Proof that the district attorney is expected to provide against the defendant. For Grand Theft, the Proof at trial that is required by the State of California is as follows:
The accused have taken possession of property that does not belong to him.
The owner had not granted permission to the accuser to possess the said property.
The possessor deprived the owner of the value and benefits of the property for a long period that it cost the owner a loss.
The property was moved, even if for a short period, from its place without knowledge and consent of the owner.
Penalties For Grand Theft
The penalties for grand theft in California are known as the “Wobbler” penalties. Wobbler penalties are options that vary from felony charges to misdemeanors, depending on the criminal history of the accused.
The California Penal Code 487 PC “grand theft” is a broad spectrum that goes as follows:
A misdemeanor charge will put you in-country jail for a full year.
In case of felony charges, you can either get one year, sixteen months, or from two to three years of country jail time.
The felony charges for stealing firearms are a separate issue and can lead to severe and lengthy jail time.
Grand Theft: Third Degree
The grand theft charges can be leveled at a third-degree if the theft is severe. Any items of more than $259 to $20,000 will make a case for a third degree. The third-degree felony charges include five-year probation and a five thousand dollar fine. The list of things that, when stolen, can give you a third-degree fee is as follows:
One or more commercially farmed animal;
Items were stolen from designated construction sites where sings were posted as provided for in S. 810.09(2)(d);
Any amount of a controlled substance as defined in S. 893.02.
Stealing a stop sign;
Taking testamentary instruments such as will, codicil, or others
Citrus fruit in the number 2,000 or more individual pieces of fruit;
Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit;
Grand Theft: First Degree
Grand theft can also be charged as first degree felonies, depending on the circumstances of the event itself. In the case of first degree felonies, the punishment will be 15 years in prison or 15 years of probation with a $10,000 fine. The following are the circumstances that lead to first-degree grand theft charges.
If stolen items are worth between $20K and $100K.
Cargo is entering the interstate commerce or interstate through the shipper's loading platform and being taken to the consignee's receiving dock if the shipment is valued at less than $50,000.
Taking emergency medical equipment worth more than $300 from a licensed facility (under chapter 395) or transport vehicles and aircraft under Chapter 401.
Taking law enforcement equipment when it is worth more than $250 from an authorized emergency vehicle, according to S. 316.003.
Grand Theft: Second and Third Degree:
The first degree is the most forceful punishment that a person can receive in grand theft cases. A person can be given up to 30 years in prison and a maximum fine of $10,000 when the property is stolen. The defining factors include:
If the property was worth $100,000 or more, the case is a semitrailer developed by a law enforcement officer.
The cargo that is worth $50,000 or more that is at the interstate or interstate commerce is moving from shipper's loading platform to the assignee's receiving block is taken away.
If the person uses a motor vehicle while committing the grand theft, or the offender causes damage to the personal or real property of another person worth more than a thousand dollars.
Grand theft or grand larceny, in California, is a significant offense. It can lead to prison time as well. But it will always make for a lousy criminal record of an individual. It is always advised that if you find yourself with any of these charges, then consult with a lawyer to find a way and solve the issue.
If the Grand Larceny California can be solved by convincing the accuser to drop the charges through arbitration, then that is the ideal scenario. But in any given case, it is essential to understand that grand theft will require expensive legal counsel, and you should not appear for any legal engagement on the matter without an attorney of your own.
MAV Law Corporation is here to help you will all the grand theft issues that you may have to manage. Share your thoughts in the comments section.