What Does 487 PC Mean and How Is Grand Theft Charged in California?
Learn how California defines and prosecutes grand theft under Penal Code 487, including key legal thresholds and court handling.
California law distinguishes theft offenses based on the value and nature of the property taken. Grand theft represents a more significant charge compared to lesser forms of theft, carrying potentially severe penalties and lasting consequences. Understanding how the state defines and prosecutes grand theft under Penal Code section 487 is crucial for comprehending this area of criminal law.
Fundamental Criteria
Grand theft, as defined by California Penal Code section 487, hinges primarily on the value of the property involved.1Justia US Law. California Penal Code § 487 (2024) Generally, if the money, labor, or property taken has a fair market value exceeding $950, the act constitutes grand theft. This value is assessed at the time of the theft.
Certain types of property automatically trigger a grand theft charge regardless of their value. Stealing an automobile or a firearm falls under this category, as specified in section 487(d). Taking property directly “from the person of another,” such as pickpocketing, also qualifies as grand theft irrespective of value, according to section 487(c).
The law outlines other specific circumstances. Section 487(b) designates the theft of certain agricultural products, including domestic fowl, avocados, citrus fruits, nuts, and specific aquaculture items, as grand theft if their value exceeds $250. Additionally, section 487(b)(3) addresses employee theft: if an employee steals money, labor, or property from their employer totaling $950 or more within any 12-month period, it constitutes grand theft.
A core element for any grand theft charge is the intent to permanently deprive the owner of their property or a significant portion of its value or enjoyment. This intent must exist when the property is taken. Prosecutors must prove not only the act of taking and the relevant criteria under section 487 but also this specific intent.
Distinguishing from Petty Theft
California law differentiates grand theft (Penal Code section 487) from the less severe offense of petty theft (Penal Code section 488). The primary distinction is the monetary value. Petty theft generally involves property valued at $950 or less.
While the $950 threshold is central, it’s not the only factor. As detailed under section 487, certain acts are classified as grand theft regardless of value, such as stealing a firearm, an automobile, or taking property directly from a person. Therefore, while petty theft is largely defined by the value limit, grand theft can be triggered either by exceeding this value or by the specific nature or circumstances of the act. Section 488 essentially defines petty theft as any theft not meeting the criteria for grand theft. Both offenses require proof of intent to permanently deprive the owner of the property.
Legal Consequences
A conviction for grand theft under Penal Code section 487 can lead to significant penalties. The offense is a “wobbler,” meaning prosecutors can charge it as either a misdemeanor or a felony. This decision often depends on the specifics of the crime, the property’s value, and the defendant’s criminal history.
As a misdemeanor, grand theft can result in up to one year in county jail and potential fines up to $1,000, as outlined in Penal Code section 672.2Justia US Law. California Penal Code § 672 – Fines Where None Prescribed Courts also typically order restitution to the victim.
If prosecuted as a felony, the potential penalties increase substantially. A felony conviction generally carries a sentence of 16 months, two years, or three years in county jail, pursuant to Penal Code section 1170(h).3FindLaw. California Penal Code § 1170 – Determinate Sentencing Fines can reach up to $10,000, according to section 672, and restitution remains mandatory.
Specific circumstances can enhance penalties. Grand theft of a firearm is always a felony, punishable by 16 months, two years, or three years in state prison (Penal Code section 489(a)). It is also classified as a “serious felony” under section 1192.7(c), making it a “strike” under California’s Three Strikes law, which can dramatically increase sentences for future felonies. Furthermore, sentence enhancements apply if the stolen property’s value is exceptionally high, adding consecutive prison terms ranging from one year (for values over approximately $65,000) to four years (for values exceeding approximately $3.2 million).
Beyond incarceration and fines, a felony grand theft conviction has numerous collateral consequences. These may include losing the right to own firearms, facing challenges with professional licenses, adverse immigration consequences for non-citizens, difficulty finding employment due to disclosure requirements, and losing the right to vote while incarcerated or on parole, as well as disqualification from jury service.
Judicial Procedures
When an individual is accused of grand theft, the case proceeds through established steps within California’s criminal justice system. After an arrest or citation, prosecutors review the evidence and decide whether to file charges, classifying grand theft as either a misdemeanor or a felony based on the circumstances and the accused’s background.
The first court appearance is the arraignment. Here, the defendant is formally notified of the charges, informed of their constitutional rights, and enters a plea (guilty, not guilty, or nolo contendere/no contest, per Penal Code section 1016).4Justia US Law. California Penal Code § 1016 (2007) – Pleas A “not guilty” plea is common initially. Bail may also be set at this stage. Defendants generally must be present for felony arraignments (section 977(b)(1)), though attorneys can often appear for misdemeanor arraignments unless the court orders otherwise.
If the charge is a felony and the plea is not guilty, a preliminary hearing usually follows. Governed by Penal Code section 859b, this hearing requires a judge to determine if there is probable cause to believe a felony occurred and the defendant committed it. The prosecution presents evidence, and the defense can cross-examine witnesses. The standard is probable cause, lower than the “beyond a reasonable doubt” standard required for conviction at trial. Time limits generally apply for holding this hearing. If probable cause is found, the case proceeds toward trial.
Following the preliminary hearing (for felonies) or arraignment (for misdemeanors or cases resolved earlier), the pre-trial phase begins. This involves discovery (evidence exchange), pre-trial motions (e.g., to suppress evidence or dismiss charges), and often plea bargaining, where negotiations occur for a potential resolution without a trial. Many grand theft cases conclude through plea agreements. If no agreement is reached, the case moves to trial before a jury or judge.
Repeat Offenses
An individual’s prior criminal record, particularly for theft, significantly impacts how a new grand theft charge under Penal Code section 487 is handled. California law contains provisions that can increase penalties for repeat offenders.
Penal Code section 666, known as “petty theft with a prior,” allows prosecutors to charge what would normally be petty theft (property value $950 or less) as a wobbler (misdemeanor or felony) if the individual has prior convictions for certain theft-related offenses (like petty theft, grand theft, burglary, robbery) and served time or was imprisoned as a condition of probation for the prior offense.5Justia US Law. California Penal Code § 666 (2024) – Petty Theft With Prior Conviction This primarily affects how subsequent petty thefts are treated.
While section 666 focuses on elevating petty theft, a history of theft also influences the prosecution of a new grand theft charge under section 487. Because grand theft is often a wobbler, a prosecutor considers the defendant’s criminal record when deciding between misdemeanor and felony charges. A pattern of theft can lead to felony prosecution. Additionally, Penal Code section 666.5 specifically increases penalties for felony auto theft (a form of grand theft) if the person has a prior felony conviction for vehicle theft.
California’s “Three Strikes” law (Penal Code sections 667(b)-(i) and 1170.12) can also dramatically affect sentencing for grand theft if the defendant has prior “serious” or “violent” felony convictions (“strikes”). Grand theft of a firearm is classified as a “serious felony” (section 1192.7(c)) and thus counts as a strike. A person with one prior strike conviction who is then convicted of any new felony, including felony grand theft, typically receives double the normal sentence (section 667(e)(1)). With two or more prior strikes, a conviction for any new felony generally results in a sentence of 25 years to life (section 667(e)(2)(A)).
