Eleanor Finch
The dollar amount that constitutes grand theft varies across states in the US. In California, grand theft is committed when an individual steals property or services valued at more than $950, or if they steal an automobile, firearm, or fish. In other states, the threshold for grand theft ranges from $300 to $1,000, with some states imposing varying degrees of grand theft penalties based on the value of the stolen property. The specific circumstances of the theft, such as the use of fraud or embezzlement, can also elevate a case to grand theft, even if the stolen items do not meet the usual value threshold. When USPS is used to commit grand theft, the dollar amount in question will depend on the state in which the theft occurred, and the specific circumstances of the case.
| Characteristics | Values |
|---|---|
| Grand theft definition | Theft of personal or tangible property in excess of a specific dollar amount |
| Grand theft dollar amount range | $1,000 to $5,000 |
| States with specific dollar amounts | California: $950; Florida: $300 |
| States with theft degree system | New York; Florida |
| Theft degree system dollar amounts | First degree: $1,000,000+; Second degree: $50,000 to $1,000,000; Third degree: $3,000 to $50,000; Fourth degree: $1,000 to $3,000 |
| States with no grand theft/petty theft distinction | Many states |
| Grand theft penalty range | 2 to 30 years in prison or probation; $5,000 to $10,000 fine |
| Petty theft penalty range | Up to $1,000 fine; up to 6 months in county jail |
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What You'll Learn
Grand theft: property value
The threshold for considering a theft as "grand theft" varies across different states in the US. In many states, the minimum property value for grand theft is somewhere between $1,000 and $5,000. For example, in California, grand theft is committed when an individual steals property valued at more than $950, or if they steal an automobile, firearm, or fish.
In some states, the law may consider all the property stolen from a single owner, a single location, or as part of a single criminal impulse as a group of items. In these states, the value of the individual items is added together to determine if the theft qualifies as grand theft. In other states, the value of multiple items cannot be grouped together if there are different victims or there was no unifying plan to steal.
Additionally, grand theft can also occur if a specific type of property is stolen, even if that property is not worth the minimum amount required for grand theft. The types of property that qualify as grand or felony theft differ between states, but typically include automobiles, firearms, and drugs.
The severity of grand theft charges and penalties increases with the value of the stolen property. For example, in Florida, Grand Theft of the Third Degree, which applies to stolen property worth more than $300 but less than $20,000, carries penalties of up to 5 years in prison or probation and a $5,000 fine. Grand Theft of the Second Degree, which applies to stolen property worth more than $20,000 but less than $100,000, carries penalties of up to 15 years in prison or probation and a $10,000 fine. Grand Theft of the First Degree, which applies to stolen property worth more than $100,000, carries penalties of up to 30 years in prison or probation and a $10,000 fine.
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Grand theft: specific property types
The threshold for grand theft varies depending on the state and the type of property stolen. In many states, the threshold for grand theft is somewhere between $1,000 and $5,000. However, some states have different thresholds for different types of property. For example, in some states, grand theft of an automobile or firearm may constitute grand theft regardless of the value of the property.
In some states, grand theft is divided into degrees, with the degree of the offence depending on the value of the property stolen. For example, in some states, grand theft of the third degree applies to property worth more than $300 but less than $20,000, while grand theft of the second degree applies to property worth more than $20,000 but less than $100,000. Grand theft of the first degree typically applies to property worth more than $100,000.
The specific property types that constitute grand theft vary by state. However, some common types of property that typically constitute grand theft include:
- Automobiles
- Firearms
- Drugs
- Wills
- Emergency medical equipment
The determination of whether grand theft has occurred is not always based solely on the value of the property stolen. In some states, multiple items stolen as part of the same theft may be considered together when determining whether the theft qualifies as grand theft. Additionally, the determination of the value of the stolen property may involve considering the fair market value, the highest reasonable value, or the retail value of the property.
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Grand theft: intent
The dollar amount that constitutes grand theft varies depending on the state and the type of property stolen. In many states, the threshold for grand theft is somewhere between $1,000 and $5,000. For example, in California, grand theft is committed when an individual steals property or services valued at more than $950, or if they steal specific items such as an automobile, firearm, or fish.
However, it's important to note that the specific type of property stolen can also be a factor, even if the value is below the typical threshold for grand theft. For instance, stealing a will, firearm, or other items specifically listed by statute can result in grand theft charges, even if the value is less than $1,000. Additionally, the circumstances of the theft, such as the use of fraud or embezzlement, can also elevate a case to grand theft, regardless of the value of the stolen items.
The severity of grand theft charges and penalties also varies. Some states divide grand theft into degrees, with first-degree grand theft applying to the most valuable property or most severe cases. For example, grand theft of the first degree may carry penalties of up to 30 years in prison and a $10,000 fine, while grand theft of the third degree may result in up to 5 years in prison or probation and a $5,000 fine.
To successfully prosecute a case of grand theft, the prosecutor must prove that the defendant knowingly and unlawfully obtained, used, or attempted to use the property of another with the intent to deprive the victim of their property. This intent to deprive the victim of their property is a crucial element of grand theft, and a lack of intent can be a valid defence strategy.
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Grand theft: penalties
The threshold dollar amount that constitutes grand theft varies across states. In many states, the threshold is somewhere between $1,000 and $5,000. However, in some states, the threshold is as low as $300.
Grand theft is a felony in most states, and the penalties increase in severity as the seriousness of the crime increases. The penalties for grand theft include imprisonment, fines, and a felony criminal record. The specific penalties depend on the value of the property stolen and the degree of grand theft.
Degrees of Grand Theft
First-degree grand theft is a first-degree felony carrying penalties of up to 30 years in prison or probation, and a $10,000 fine. It typically applies when the stolen property is worth more than $100,000 or shipping cargo worth over $50,000.
Second-degree grand theft is a second-degree felony carrying penalties of up to 15 years in prison or probation and a $10,000 fine. It usually applies when the stolen property is worth more than $20,000 but less than $100,000, or shipping cargo worth less than $50,000.
Third-degree grand theft is a third-degree felony carrying penalties of up to 5 years in prison or probation and a $5,000 fine. It typically applies when the stolen property is worth more than $300 but less than $20,000, or when specific items, such as firearms or wills, are stolen.
Defenses and Misdemeanors
Grand theft is a specific-intent crime, meaning that the person taking the property must have intended to deprive the victim of their property. Defenses against grand theft charges may include mistaken identity, lack of intent to steal, or unlawful search and seizure of evidence.
While grand theft is typically considered a felony, in some states, it can be classified as a misdemeanor. Misdemeanor penalties for grand theft may include shorter jail sentences or fines.
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Grand theft: conviction
The threshold for grand theft varies depending on the state and the type of property stolen. In California, grand theft is committed when an individual steals property or services valued at more than $950, or if they steal an automobile, firearm, or fish. In other states, the threshold for grand theft may be as low as $300 or as high as $1,000 to $5,000. Some states also consider the theft of certain types of property, such as automobiles, firearms, and drugs, to be grand theft, even if the property is not worth the minimum monetary value.
To secure a conviction for grand theft, the prosecution must prove beyond a reasonable doubt that the defendant knowingly and unlawfully obtained, used, or attempted to use the property of another with the intent to temporarily or permanently deprive the victim of their property. The prosecution must also establish that the property stolen exceeds the minimum value required for grand theft in that state. This can be done through various methods, such as determining the property's fair market value, the highest reasonable value, or the retail value.
If a defendant is convicted of grand theft, the punishment will generally depend on the value of the property stolen and the degree of grand theft charged. For example, in some states, grand theft in the third degree may carry penalties of up to 5 years in prison or probation and a $5,000 fine, while grand theft in the first degree may carry penalties of up to 30 years in prison or probation and a $10,000 fine.
It is important to note that grand theft is a specific intent crime, which means that the defendant must have had the exact intent to deprive the victim of their property. If the defendant took the property under the belief that they owned it, they cannot be convicted of grand theft. Additionally, an experienced attorney may be able to build a strong defense or negotiate on behalf of the defendant to reduce the charges or penalties.
Grand theft is a serious offense that can carry significant legal and personal repercussions. The specific laws and penalties for grand theft vary by state, so it is essential to consult with an attorney or legal expert in your jurisdiction to understand the potential consequences and explore all available legal options.
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Frequently asked questions
The dollar amount that constitutes grand theft varies between states, but it is typically between $1,000 and $5,000. Some states have different degrees of grand theft, each with its own value threshold.
The degrees of grand theft and their value thresholds vary by state. Here is an example from a state that categorises grand theft into four degrees:
- First Degree: Value exceeds $1,000,000
- Second Degree: Value between $50,000 and $1,000,000
- Third Degree: Value between $3,000 and $50,000
- Fourth Degree: Value between $1,000 and $3,000
Yes, in some states, the type of property stolen can also be a factor. For example, stealing an automobile, firearm, or drugs may constitute grand theft even if the property is not worth the minimum value threshold.
The value of the stolen property can be determined through various methods, such as fair market value, highest reasonable value, or retail value at the time and place of the offense. If these values cannot be established, the cost of replacing the stolen property within a reasonable amount of time after the offense may be considered.
The penalties for grand theft vary depending on the degree of the offense and the state in which it occurred. Penalties may include felony charges, prison sentences, fines, or a combination of these. For example, in California, grand theft is a felony that carries a prison sentence of up to 30 years and a $10,000 fine.
