Jonah Patel
In California, theft can be classified as either a misdemeanor or a felony, depending on the circumstances and dollar value involved. The felony threshold has changed over time, but currently, theft of property valued at more than $950 is considered grand theft and can be charged as a felony. This threshold also applies to aggregated thefts from different victims or counties over a 12-month period. Grand theft carries more severe penalties, including higher fines and longer probation periods compared to misdemeanor petty theft. Additionally, certain property types, such as firearms, automobiles, and livestock, can automatically constitute grand theft regardless of their value.
| Characteristics | Values |
|---|---|
| Current threshold for felony theft in California | $950 |
| Historical felony threshold (1872) | $50 or $1,270 in today's dollars |
| Historical felony threshold (1923) | $200 or $3,572 in today's dollars |
| Historical felony threshold (1933) | $4,701 in today's dollars |
| Historical felony threshold (1982) | $400 or $1,261 in today's dollars |
| Historical felony threshold (2011) | $950 or $1,285 in today's dollars |
| Maximum fine for misdemeanor petty theft | $1,000 |
| Maximum fine for felony grand theft | $10,000 |
| Maximum probation period for misdemeanors | 12 months |
| Maximum probation period for felonies | 2 years |
| Maximum jail sentence for misdemeanor grand theft | 1 year |
| Maximum jail sentence for felony grand theft | 3-5 years |
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What You'll Learn
- Grand theft is a felony in California if the value of the stolen property exceeds $950
- Theft of a firearm is always a felony
- Theft of certain property types, regardless of their value, can constitute grand theft
- Felony convictions carry harsher penalties than misdemeanours
- California's felony threshold has changed over time
Grand theft is a felony in California if the value of the stolen property exceeds $950
Theft is classified as either a misdemeanor or a felony in California, depending on the specifics of the crime and the criminal history of the accused. The threshold for felony theft in California is currently $950, according to California Penal Code 487 PC. This means that theft of money, labour, or property valued at over $950 is considered "grand theft" and is prosecuted as a felony. This threshold has been adjusted over time, previously set at $400 in 1982 and $200 in 1923.
Grand theft as a felony carries more severe penalties, including imprisonment of up to three years and fines of up to $10,000. Additionally, the court may order restitution to the victim, which can total tens of thousands of dollars or more. It is important to note that certain property types, such as cars, firearms, and specific farm animals, can automatically constitute grand theft, regardless of their value.
On the other hand, misdemeanor petty theft, which involves amounts below the $950 threshold, carries a maximum fine of $1,000 and up to six months in county jail. However, the specific penalties for both misdemeanors and felonies can vary depending on the circumstances of the crime and the criminal history of the accused.
Theft charges can be complex, and it is always advisable to seek legal counsel to understand the potential consequences and explore possible defence strategies.
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Theft of a firearm is always a felony
In California, theft is generally classified based on the dollar value of the stolen goods or services. Theft of goods or services valued at $950 or less is typically classified as petty theft, a misdemeanour offence punishable by up to six months in county jail and a maximum fine of $1,000. Theft exceeding $950 is considered grand theft and is often charged as a wobbler, meaning it can be prosecuted as either a misdemeanour or a felony.
However, there are exceptions to this general rule, and certain types of theft are always classified as felonies, regardless of the value of the stolen property. One such exception is the theft of a firearm. According to California Penal Code Section 487(d)(2), grand theft of a firearm is a felony offence, commonly known as "GTF". This means that stealing a firearm will always be considered a felony, regardless of its value.
The legal penalties for a grand theft firearm conviction are severe and include felony probation, a prison sentence of 16 months to 3 years in a California state prison, and a fine of up to $10,000. Grand theft firearm also qualifies as a serious felony under California's Three Strikes Law. This means that if an individual is convicted of grand theft firearm and subsequently commits another felony, they will receive double the sentence for the second offence. If a third felony, or "strike", is committed, the sentence increases to 25 years to life in prison.
The prosecution must prove beyond a reasonable doubt that the accused intended to deprive the owner of their firearm. If the prosecutor cannot establish this intent, they will be unable to obtain a conviction for a violation of Penal Code Section 487(d)(2). Additionally, there are potential legal defences available to those accused of grand theft firearm, such as the claim-of-right defence, which negates the felonious intent necessary for conviction.
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Theft of certain property types, regardless of their value, can constitute grand theft
In California, theft is generally classified as either petty theft or grand theft. Petty theft is a misdemeanour, while grand theft is a felony. The distinction between the two is based primarily on the value of the property stolen. Petty theft typically involves the theft of property below a certain dollar value, while grand theft involves the theft of property exceeding that value. The threshold for what constitutes grand theft varies across different jurisdictions. In California, this threshold is currently set at $950.
However, it's important to note that certain types of property, regardless of their value, can constitute grand theft. For example, in many states, the theft of automobiles, firearms, and drugs is considered grand theft, even if the value of the property is below the monetary threshold. This is because these types of property are considered highly valuable and their theft is deemed a more serious offence.
In California, stealing a firearm is always classified as a felony, regardless of its value. Additionally, if an individual has prior theft convictions on their criminal record, even a petty theft charge can be elevated to a felony. This is known as "petty theft with a prior" and underscores the impact of prior criminal history on the severity of the charge.
The consequences of a grand theft conviction can be severe and life-altering. A felony conviction remains permanently on an individual's criminal record, which can hinder future opportunities in areas such as employment, housing, and loan applications. Additionally, felony grand theft can carry substantial fines, restitution costs, and formal probation periods that are longer and more stringent than those for misdemeanours.
Given the serious nature of felony grand theft charges and the potential for significant penalties, seeking knowledgeable legal guidance and representation is crucial. An experienced criminal defence lawyer can evaluate the specific circumstances of the case and develop an effective defence strategy. This may include contesting the value of stolen property, disputing criminal intent, or negotiating with prosecutors to reduce the charges to a misdemeanour, thereby mitigating the harsh consequences of a felony conviction.
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Felony convictions carry harsher penalties than misdemeanours
In California, theft is classified as either petty theft or grand theft. Petty theft, which is charged as a misdemeanour, is punishable by up to six months in county jail and a maximum fine of $1,000. On the other hand, grand theft is charged as a felony, and it occurs when the stolen money, labour, or property is valued at over $950.
The penalties for felony grand theft in California include imprisonment of up to three to five years, depending on the source. This is significantly longer than the six-month jail sentence for misdemeanour petty theft. Additionally, the specific circumstances of the crime and the criminal history of the accused can further enhance the penalties for felony convictions. For instance, stealing certain property types, such as cars, firearms, or livestock, can result in grand theft charges regardless of the value stolen. Furthermore, theft directly from a person, even if the value is less than $950, can also be classified as grand theft.
It is important to note that the threshold for felony theft in California has changed over time. In 1872, California's first penal code established felonies for thefts valued at more than $50, which would be equivalent to $1,270 in today's dollars. The threshold was raised to $200 in 1923, which is worth $3,572 today. Due to inflation and legislative changes, the threshold has been adjusted over the years, reaching $400 in 1982 and $950 in 2011. While the exact dollar value of theft that constitutes a felony in California has varied, the state has consistently treated felony convictions more severely than misdemeanours, reflecting the seriousness of the offence.
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California's felony threshold has changed over time
The California Legislature adjusted the felony threshold again in 1982, raising it to $400 ($1,261 today). This amount remained unchanged until 2011 when it was increased to $950, which is equivalent to $1,285 in today's currency. It is worth noting that the Legislature has never set a felony threshold lower than the current value when adjusted for inflation.
The felony threshold in California reached its highest level in 1933, peaking at $4,701 in 2023 dollars, which is five times the current value. This evolution in felony thresholds reflects the state's efforts to adjust for inflation and ensure that value-based penalties remain relevant.
Theft crimes in California are divided into two categories: Petty Theft and Grand Theft. Petty Theft, classified as a misdemeanor, carries a maximum fine of $1,000 and a punishment of up to six months in county jail. On the other hand, Grand Theft, charged as a felony, can result in fines of up to $10,000 and up to three years of imprisonment. The higher penalties associated with felony convictions can have significant implications for future opportunities in areas such as employment, housing, and loan applications.
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Frequently asked questions
In California, theft of property with a value greater than $950 is considered a felony.
Certain property types, regardless of their value, can automatically constitute grand theft, which can be charged as a felony. These include automobiles, firearms, and certain farm animals. Additionally, theft directly from a person can also be classified as grand theft, even if the value does not exceed $950.
Felony theft convictions typically carry county jail or state prison time between three to five years, along with hefty fines. The maximum fine for a misdemeanor is $1,000, while fines for felony grand theft can reach up to $10,000.
No, the felony threshold has changed over time. California's first penal code, enacted in 1872, established felonies for thefts valued at more than $50, which would be $1,270 in today's dollars. The threshold was raised to $200 in 1923, which is worth $3,572 today. The threshold has been adjusted over the years, reaching $400 in 1982 and $950 in 2011.
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