ORANGE COUNTY GRAND THEFT, PETTY THEFT, SHOPLIFTING CHARGES

California Penal Code Section 484(a) defines “petty theft” as wrongfully taking or stealing someone else’s property when the value of the property is $950.00 or less.

There are several variations to petty theft, such as petty theft by larceny, petty theft by embezzlement, petty theft by fraud, and even petty theft by trick. 

Every person who, with the intent to defraud, (a) uses, for the purpose of obtaining money, goods, services, or anything else of value, an access card or access card account information that has been altered, obtained, or retained in violation of Section 484e or 484f, or an access card which he or she knows is forged, expired, or revoked, or (b) obtains money, goods, services, or anything else of value by representing without the consent of the cardholder that he or she is the holder of an access card and the card has not in fact been issued, is guilty of theft. If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950) in any consecutive six-month period, then the same shall constitute grand theft.

  California Penal Code Section 487 defines “grand theft” as wrongfully taking or stealing someone else’s property when the value of the property is $950.00 or more. This includes money, labor, real property, or personal property and there are lower threshold amounts, i.e., $250.00, when the theft involves certain property, such as When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops; fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product. Fortunately, grand theft can be charged as either a misdemeanor or felony despite the aforementioned values associated with the theft.

As with petty theft, there are several variations to grand theft, such as grand theft by larceny, grand theft by embezzlement, grand theft by fraud, and even grand theft by trick. 

In the event the item stolen is a vehicle, it is referred to as Grand Theft Auto pursuant to Penal Code Section 487(d)(1) with no regard to the monetary value. Thus, even if the vehicle is worth less than $950.00, it is still considered grand theft. The same holds true for the theft of a firearm.

As with petty theft, there are several variations to grand theft auto, such as grand theft by larceny, grand theft by embezzlement, grand theft by fraud, and even grand theft by trick. 

(a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).

(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, real property, or personal property is taken by a servant, agent, or employee from their principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

(1) An automobile.

(2) A firearm.

(e) If the value of the money, labor, real property, or personal property taken exceeds nine hundred fifty dollars ($950) over the course of distinct but related acts, the value of the money, labor, real property, or personal property taken may properly be aggregated to charge a count of grand theft, if the acts are motivated by one intention, one general impulse, and one plan.