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When Does Theft Become a Felony in California?

If you have been accused of theft in California, it is important to understand how the state treats these cases and whether you are facing misdemeanor or felony charges. Continue reading for more information and reach out to a knowledgeable Tehama County theft lawyer today.

What is Theft?

Generally, theft is the unlawful taking of another person’s property with the intent to deprive them of it. This crime can apply to physical property, money, services, labor, and even intangible assets. If you are facing theft charges in California, understanding the state’s laws is crucial.

California defines theft under CA Penal Code § 484. This law states that an individual can be found guilty of theft if any of the following is true.

  • The individual feloniously steals, takes, or carries away the personal property of another person
  • The individual fraudulently appropriates property that has been entrusted to them
  • The individual knowingly defrauds a person of money, labor, or property by false or fraudulent representation or pretense
  • The individual causes or procures others to lie about how much money they have or how good their business is to obtain credit, money, property, or the labor of another person

There are several types of theft crimes in California, including larceny, shoplifting, embezzlement, auto theft, identity theft, and more.

When Does Theft Become a Felony in CA?

In California, felony theft is known as grand theft. The difference between a misdemeanor and a felony offense is most notably based on the monetary value of the property involved. When the money, labor, or property stolen exceeds $950, it is considered grand theft and charged as a felony.

However, there are other circumstances that may constitute felony charges, regardless of the value of the property. An offense can be considered grand theft in any of the following situations.

  • The offense involves domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops valued at over $250
  • The offense involves fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products from a commercial or research operation that is producing that product valued at over $250
  • A servant, agent, or employee takes money, labor, or property of their employer that adds up to $950 or more over the course of a 12-month period
  • The property is taken from the person of another
  • The offense involves an automobile or a firearm

The differences between misdemeanor and felony theft can be significant, so it is important that you understand the charges against you.

What Are the Penalties for Felony Theft in California?

The penalties you will incur for a felony theft conviction can vary depending on the specific circumstances of the offense, including the nature of the crime and the value or type of property that was stolen.

Grand theft can result in 16 months, 2 years, or 3 years of imprisonment. In addition, you will likely face imposed fines or restitution, among other consequences. Penalties can increase if the value stolen is extremely high.

For more information and to obtain legal representation, reach out to a skilled defense attorney today.

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