Grand theft charges are serious in nature even if they are not sometimes taken that serious in TV shows and in the movies. Regardless of whether the lawsuit reaches trial, you still need the assistance of a committed and skilled criminal defense attorney that understands every legal argument for defending clients.
This is not the time to make assumptions or guesses. The Criminal Justice system is complex and without a legal professional assisting you, the situation can become worse.
California Grand Theft Charges
Theft in California is classified as grand or petty. Petty theft involves those properties that are valued at lower than $950. Grand theft constitutes property worth $950 or more. In California, there are additional rules designating the theft of certain property types.
Unlawful taking is designated as grand theft in California under section 487 of the California Penal Code for the following:
· When the labor, money, real, or personal property taken exceeds $950 in value
· When domestic fowls, olives, avocados, deciduous fruits, citrus fruits, nuts, artichokes, farm crops, or fruits and vegetables are taken that exceed $250 in total value
· When crustaceans, kelp, algae, fish, shellfish, mollusks, or other aqua cultural products are taken from a research or commercial operation producing the product in value exceeding $250
· Labor, money, personal or real property taken by an agent, employee or servant from their employer or principal aggregating $950 or more in a consecutive period of 12 months
· When the property is a firearm or from an automobile
· When the property belongs to another
Penalties for Grand Theft in California
Grand theft in California is generally charged as a felony. However, prosecutors are given latitude under California law for charging it as a misdemeanor based on the defendant's criminal history and facts of the case. Conviction for grand theft misdemeanor doesn't exceed one year imprisonment.
California Penal Code Section 489 punishes grand theft in the following manner:
· Imprisonment in a state prison for 16 months to 3 years if the grand theft involved firearm
· Imprisonment in a county jail for not more than a year if the grand theft involved livestock. Fine not more than $5,000 may also be levied.
· Imprisonment in a county jail for not more than a year for all other cases
Defense Strategies for Grand Theft
Your attorney can employ a number of potential defenses for grand theft in California. The most common defense is that the defendant at the time of the offense had good-faith belief that they legally owned the property. The prosecution needs to prove the following for the defendant to be guilty:
· Property belonged to someone else
· Defendant took the property without consent
· The defendant wanted to deprive the owner of the property at the time of taking it
· The defendant kept the property or moved it
Consult with a Grand Theft Attorney Today
Grand Theft charges are serious and can result in significant consequences. You need an attorney that understands the law surrounding it. The legal team at Kann California Law Group are capable, skilled, and experienced. We have helped many defendants protect their legal rights by offering sound defense strategies. Get in touch with us today by calling us at (888) 744-7730 or use our online form to schedule a free consultation.