What Is Grand Theft Under California Penal Code § 487?

Oakland grand theft defense lawyer — Morris Law PC defending PC 487 felony theft charges over $950

Under PC § 487, grand theft is theft of property valued over $950, OR theft of certain enumerated items regardless of value (firearms, automobiles, certain livestock).

Grand theft is a wobbler — chargeable as misdemeanor or felony. Felony grand theft carries 16 months, 2, or 3 years state prison. With aggravating factors (multiple counts, vulnerable victims, sophisticated schemes), enhancements apply.

Call Morris Law: (510) 824-8831 — available 24/7.

Categories of Grand Theft

Grand Theft by Value — PC § 487(a)

Property valued over $950 (after Prop 47’s threshold change).

Grand Theft of Firearm — PC § 487(d)(2)

ANY firearm theft is automatically grand theft, regardless of value. Always a felony with strike consequences.

Grand Theft Auto — PC § 487(d)(1)

Theft of any motor vehicle (car, truck, motorcycle) — separate from VC § 10851 auto theft.

Theft of Livestock/Crops — PC § 487(b)/(c)

Specific enumerated items.

Penalties

Misdemeanor Grand Theft

Up to 1 year county jail, fines up to $1,000, restitution.

Felony Grand Theft

16 months, 2, or 3 years state prison. With enhancements (taking property valued over $65,000-$3,200,000), additional 1-4 years under PC § 12022.6.

Grand Theft Firearm

Always felony — STRIKE under Three-Strikes Law. 16 months to 3 years state prison + firearm prohibition.

Common Defenses

  • Lack of intent to permanently deprive
  • Owner consent
  • Mistake of fact about ownership
  • Value disputes (less than $950 — reduces to petty theft)
  • Reclamation of own property
  • Insufficient evidence
  • Fourth Amendment violations

Related Charges

Why Oakland Clients Choose Morris Law for Grand Theft Defense

Morris Law has built a reputation for aggressive, locally-focused criminal defense throughout the East Bay. When you’re facing grand theft charges in Alameda County, the experience that matters isn’t generic — it’s specific knowledge of how cases move through the local court system.

Deep Familiarity with Alameda County Courts

Every grand theft case in Oakland passes through Alameda County Superior Court. Misdemeanor matters are heard at the Wiley W. Manuel Courthouse at 661 Washington Street in downtown Oakland. Felony cases move to the René C. Davidson Courthouse at 1225 Fallon Street, near Lake Merritt. Federal cases — when applicable — go to the U.S. District Court for the Northern District of California. Attorney Seth Morris has appeared in all of these courtrooms hundreds of times.

Serving All of Oakland’s Neighborhoods

We represent clients from throughout Oakland — Downtown Oakland, East Oakland, West Oakland, North Oakland, Fruitvale, Rockridge, Temescal, Montclair, Lake Merritt, Jack London Square, and the Coliseum area. We also serve surrounding Alameda County cities including Alameda, Piedmont, Emeryville, San Leandro, Hayward, Fremont, Pleasanton, and Dublin.

A Practice Built on Hard Cases

Morris Law handles the full range of California criminal charges:

Strategic Bail and Pretrial Release

Many grand theft cases involve high bail or pretrial detention. We pursue bail reduction, OR release, and pretrial diversion where available. Read more: California bail, Santa Rita Jail guide, arraignment process.

Frequently Asked Questions About Oakland Grand Theft Charges

What is grand theft under PC § 487?

Grand theft is theft of property valued over $950, OR theft of certain enumerated items regardless of value (firearms, automobiles, livestock). Wobbler chargeable as misdemeanor (up to 1 year jail) or felony (16 months to 3 years state prison).

What’s the difference between petty and grand theft?

Property value threshold. Petty theft ($950 or less) is misdemeanor only. Grand theft (over $950) is wobbler. Certain items (firearms, automobiles) are always grand theft regardless of value.

Is grand theft auto a felony?

Grand theft auto under PC § 487(d)(1) is a wobbler — can be misdemeanor or felony. Often charged alongside VC § 10851 auto theft. Felony version: 16 months to 3 years state prison + license consequences.

Is grand theft of firearm always a felony?

Yes, and it’s a STRIKE under California’s Three-Strikes Law. Mandatory felony with 16 months to 3 years state prison. Lifetime firearm prohibition. No misdemeanor option.

How do I dispute the value?

Defense can challenge prosecution’s valuation through: appraisal evidence, depreciation, fair market value disputes, expert testimony. If value drops below $950, charge reduces to petty theft (avoiding felony exposure).

What about additional value enhancements?

PC § 12022.6 adds time for excessive value: +1 year for theft over $65,000, +2 years over $200,000, +3 years over $1.3 million, +4 years over $3.2 million. Stacks consecutively with base sentence.

Can grand theft be reduced?

Yes — common defense strategy. Reductions: petty theft (value dispute under $950), embezzlement (specific intent defense), receiving stolen property. Each reduces penalties significantly and avoids strike issues.

Will grand theft affect my immigration status?

Yes. Crime involving moral turpitude (CIMT) under federal immigration law. Felony grand theft with sentence of 1+ year is aggravated felony. Mandatory deportation for non-citizens. Critical immigration consultation needed.

Can grand theft be expunged?

Misdemeanor grand theft: yes after probation completion (PC § 1203.4). Felony grand theft: yes if probation granted, but not if state prison was imposed. Strike priors can’t be removed even with expungement.

What courts handle Oakland grand theft cases?

Misdemeanor PC § 487 at Wiley W. Manuel Courthouse. Felony cases at René C. Davidson Courthouse (1225 Fallon Street, Oakland). Federal mail/wire fraud cases at U.S. District Court Northern District of California.