Grand theft is one of the most commonly charged property crimes in San Bernardino and throughout Southern California. If you have been charged or are under investigation, speaking with a trusted criminal defense attorney in San Bernardino, CA early on matters because the penalties you face depend on how the charge is classified, your prior record, and the specific facts of your case. At SoCal Defense Lawyer PC, our experienced criminal defense team handles theft cases across San Bernardino County, Los Angeles County, and Orange County, and we want you to understand exactly what you are facing before you make any decisions about your defense.
How California Law Defines Grand Theft
Under California Penal Code 487, grand theft occurs when someone takes property valued at $950 or more. The law also covers specific situations where the value is lower but the item stolen falls into a protected category, such as certain agricultural products, firearms, and motor vehicles. Unlike petty theft, which covers property worth $950 or less, grand theft carries more serious consequences under state law.
California recognizes four types of grand theft based on what was taken. Grand theft of personal property covers cash, goods, or other movable items. Grand theft auto applies when a vehicle is stolen. Grand theft of money covers financial theft over the threshold. Grand theft of a firearm is always charged as a felony, regardless of the value of the weapon taken.
Grand Theft as a Wobbler
California treats most grand theft charges as wobbler offenses, meaning they can be charged as either a misdemeanor or a felony depending on the circumstances of the case and your criminal history. The prosecutor has discretion in how they charge the offense, and that decision affects everything from how long the case takes to what penalties are possible.
If you have a clean record and the theft involved property close to the $950 threshold, a misdemeanor charge is possible. If the property stolen was high in value, if a firearm was involved, or if you have prior theft convictions, a felony charge is far more likely. This is one of the reasons having experienced legal representation from the start matters so much.
Penalties for Grand Theft in California
A misdemeanor grand theft conviction can result in up to one year in county jail and a fine of up to $1,000. A felony grand theft conviction carries 16 months, two years, or three years in county jail or state prison, depending on the case. Grand theft auto and grand theft firearm carry their own distinct sentencing ranges.
Grand theft of a firearm under Penal Code 487(d)(2) is always charged as a felony. A conviction can result in 16 months, two years, or three years in state prison, and the conviction would count as a prior serious felony under California's Three Strikes law. That has long-term consequences that go well beyond the sentence on this charge alone.
The value of the property taken can also add time. California Penal Code 12022.6 allows courts to add additional prison time when theft involves property worth between $65,000 and over $3.2 million. At the highest level, that sentence enhancement can add four additional years to the base sentence.
Aggravating Factors That Can Increase Grand Theft Penalties
Several factors can push a grand theft case from a misdemeanor toward a felony, or from a shorter sentence to a longer one. If you used a weapon or threatened someone during the theft, that can transform the charge into robbery, which carries far greater penalties. If you were in a position of trust, such as an employee who stole from an employer, courts tend to treat the case more harshly.
Prior theft-related convictions also carry weight. Under California law, certain prior convictions for robbery, burglary, or theft-related offenses can prevent the case from being treated as a misdemeanor, even if the facts would otherwise support that outcome.
Common Defenses in Grand Theft Cases
Not every theft accusation results in a conviction. We review every case for weaknesses in the prosecution's evidence, including whether the property was worth less than $950, whether there was consent from the owner, and whether the identification of the suspect is reliable. Mistaken identity is a real issue in theft cases, particularly those based on surveillance footage.
Lack of intent is another significant defense. Grand theft requires the prosecution to prove that you intended to permanently deprive the owner of their property. If the facts show a good-faith belief that you had a right to the property, or a legitimate dispute over ownership, those facts can support a strong defense.
We have handled theft cases in San Bernardino Superior Court for clients in San Bernardino, Fontana, Ontario, Rancho Cucamonga, and Rialto. Each case receives a thorough review before we advise you on the best path forward.
How a Conviction Follows You After Sentencing
A grand theft conviction, even a misdemeanor, creates a permanent criminal record that shows up on background checks. Employers, landlords, and licensing boards all take theft convictions seriously. Many professional licenses in California, including those for nursing, real estate, and contracting, can be suspended or denied based on a theft conviction.
If you are a non-citizen, a grand theft conviction may carry immigration consequences including deportation. This is a factor we account for when evaluating every defense strategy.
Expungement under Penal Code 1203.4 allows some individuals to withdraw their plea and have the case dismissed, which reduces but does not eliminate the impact of the conviction on background checks. We discuss post-conviction options with clients from the beginning of every case.
Frequently Asked Questions About Grand Theft in California
The following questions reflect what clients and their families most often ask us when facing grand theft charges in San Bernardino and Southern California. Each answer is grounded in how California law applies to these situations.
What is the difference between petty theft and grand theft in California? California Penal Code 487 defines grand theft as theft of property valued at $950 or more, while petty theft under Penal Code 484 covers property worth less than that amount. Grand theft can be charged as a felony. Petty theft is generally a misdemeanor. The specific item stolen, such as a firearm, can make a charge grand theft regardless of its dollar value.
Can a grand theft charge be reduced to petty theft in California? Yes, in some cases. If the evidence shows the value of the property was near the $950 threshold, or if other mitigating factors exist, an attorney may be able to negotiate a charge reduction. This is more likely when the defendant has no prior theft convictions and the circumstances of the offense were not aggravated.
Does grand theft count as a strike in California? Grand theft of a firearm counts as a serious felony and qualifies as a strike under California's Three Strikes law. Most other forms of grand theft do not count as strikes unless they involve violence or other aggravating factors that raise the charge to robbery or another serious felony category.
Can a grand theft conviction be expunged in California? Expungement may be available under California Penal Code 1203.4 for people who completed probation without violations. A successful expungement allows the court to dismiss the case, which can reduce barriers to employment and housing, though the record may still be visible to certain government agencies and licensing boards.
Do I need a lawyer for a grand theft charge? A theft charge, whether misdemeanor or felony, carries consequences that extend well beyond the courtroom. How the case is charged, whether evidence can be challenged, and what plea options exist all require legal analysis specific to your case. Representing yourself leaves you without the benefit of someone who knows the San Bernardino court system and how these cases are typically resolved.
What happens if I am accused of grand theft as an employee? Employee theft can be charged under Penal Code 487 or under separate embezzlement statutes. Courts treat cases involving a breach of trust seriously, and the prosecution often has access to financial records as evidence. An attorney can review the evidence before you say anything to investigators or your employer.
How long does a grand theft case take to resolve in San Bernardino? A misdemeanor grand theft case can resolve in a few months. A felony grand theft case may take six months to over a year, depending on the court's calendar, the complexity of the evidence, and whether the case goes to trial. Preliminary hearings in felony cases provide an early opportunity to challenge the evidence and potentially have charges reduced or dismissed.
Contact Us
Facing criminal charges can be overwhelming, but you're not alone. At SoCal Criminal Defense Lawyer, we're here to guide you through every step of the legal process with dedication and expertise.
Visit Us: 357 West 2nd St Ste 3-C, San Bernardino, CA 92401
Phone: (949) 776-1552
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