{"id":396,"date":"2020-06-15T10:30:10","date_gmt":"2020-06-15T10:30:10","guid":{"rendered":"http:\/\/localhost\/monderlaw\/?page_id=396"},"modified":"2021-05-21T12:13:56","modified_gmt":"2021-05-21T12:13:56","slug":"san-diego-grand-theft-lawyer","status":"publish","type":"page","link":"https:\/\/www.monderlaw.com\/theft\/grand-theft\/","title":{"rendered":"San Diego Grand Theft Lawyer"},"content":{"rendered":"

Grand\u00a0Theft in San Diego<\/h2>\n

Grand theft is the unlawful taking of another’s property without consent that is valued at more than $950. In determining the value of the stolen property, for the purposes of this section, the reasonable and fair market value shall be the test, and in determining the value of services received the contract price shall be the test. If there be no contract price, the reasonable and going wage for the service rendered shall govern.<\/p>\n

Grand Theft by Larceny:<\/h3>\n

Taking possession of someone else’s property without their permission, by moving it, intending to deprive the owner permanently or long enough to deprive that person of a significant value of the property.<\/p>\n

Grand Theft by Embezzlement:<\/h3>\n

Fraudulently using another’s property that was entrusted to you, to your benefit, with the intent to deprive the owner temporarily or permanently.<\/p>\n

Grand Theft by Trick:<\/h3>\n

Using deceit to get the another\u00a0to allow you to take possession of their property, intending to deprive the owner permanently or long enough to deprive that person of a significant value of the property.<\/p>\n

Grand Theft by False Pretense:<\/h3>\n

Deceiving another\u00a0by making false statements, intending to persuade that person\u00a0to let you take possession of their property, and that person relied on your false pretense, letting you take ownership of their property.<\/p>\n

Understanding Penal Code Section\u00a0487<\/h2>\n

In consideration of the seriousness of grand theft,\u00a0California has criminalized it under Penal Code section 487. Under this law, \u201cGrand theft is theft committed when the money, labor, or real or personal property taken is of a value exceeding $950, when the property is taken from the person of another, when the property taken is an automobile or a\u00a0firearm.”<\/p>\n

Basically, to convict someone of PC 487, the prosecutor must prove each of the following elements beyond a reasonable doubt:<\/p>\n

    \n
  1. The defendant\u00a0took possession of another’s property;<\/li>\n
  2. The\u00a0defendant did so without the owner’s permission;<\/li>\n
  3. The defendant intended to deprive the owner of the property permanently;<\/li>\n
  4. The defendant moved the property;<\/li>\n
  5. The property was worth more than $950.<\/li>\n<\/ol>\n

    Grand\u00a0Theft\u00a0Can Be Filed\u00a0As a Misdemeanor or a Felony<\/h2>\n

    The unlawful taking of another’s property without consent,\u00a0that is valued at more than $950 is a wobbler. A wobbler is a charge that the prosecutor has discretion to file as either a misdemeanor or a felony. In receipt of stolen property\u00a0cases, the issuing attorney at the District Attorney\u2019s Office will determine the severity of the charges based on the\u00a0value of the stolen property.<\/p>\n

    Misdemeanor Grand Theft\u00a0Penalties<\/h3>\n

    If the value of the stolen property does not exceed $950,\u00a0you could face:<\/p>\n