California Penal Code section 487 defines grand theft. After Proposition 47 (PC 490.2), grand theft now generally means theft of property valued at more than $950 OR theft of specific categories of property that remain grand theft regardless of value: firearms, vehicles, and theft directly from the person of another. The classification matters because grand theft is a “wobbler” that can be charged as either a felony or a misdemeanor, while petty theft is almost always a misdemeanor.
The three pathways to grand theft
Value over $950. The default rule under PC 487(a). Theft of money, labor, or property valued at more than $950 is grand theft. Aggregating multiple smaller takings can sometimes reach the $950 threshold if the prosecution can prove a single scheme.
Specific property types regardless of value. PC 487(d) lists vehicles (PC 487(d)(1)) and firearms (PC 487(d)(2)) as grand theft regardless of value. Note: PC 487(d)(1) was modified by Prop 47 for low-value vehicles in certain conditions, but firearm theft remains grand theft per PC 487(d)(2) and PC 490.2(c).
Theft from the person. PC 487(c) makes any theft “from the person of another” grand theft regardless of value. This covers pickpocketing, snatching, and similar takings where the property is on or in the immediate possession of the victim.
Grand theft as a wobbler
PC 489 sets the felony grand theft punishment at 16 months, 2 years, or 3 years in county jail (under Realignment, PC 1170(h)). As a misdemeanor wobbler, the maximum is one year in county jail. Whether the prosecution charges felony or misdemeanor depends on the property value, the defendant’s record, the manner of taking, and the discretion of the District Attorney.
For grand theft of firearms (PC 487(d)(2)), the case is a “straight” felony if the defendant has certain priors, and Prop 47 reduction does not apply. Firearm theft also has potential federal exposure under 18 U.S.C. § 922(j) for theft of firearms moving in interstate commerce.
Common grand theft defenses
Defenses to grand theft track petty theft defenses (lack of intent, claim of right, consent, identification, suppression motions) but with additional angles based on the $950 valuation and the specific property type.
Valuation challenges. The $950 threshold is the line between misdemeanor petty theft and wobbler grand theft. Prosecution valuation evidence (retail price tags, manufacturer suggested prices) often overstates fair market value. Used items, depreciated property, and items with no clear resale market can be argued below the threshold.
Aggregation disputes. When the prosecution stacks multiple smaller takings to reach $950, the defense can challenge whether the takings were part of a single scheme. People v. Bailey (1961) 55 Cal.2d 514 is the foundational case; modern application varies by district.
Not from the person. If the prosecution charges PC 487(c) “theft from the person,” the defense can challenge whether the property was actually in the victim’s immediate possession at the moment of the taking. Items in a separate bag, on a counter, or otherwise detached may not qualify.
Mistake of fact on value. A good-faith belief that the property was worth less than $950 can support a misdemeanor charge or sentence even if value exceeds the threshold.
Reduction to misdemeanor under PC 17(b)
Many felony grand theft cases can be reduced to misdemeanors under Penal Code section 17(b) at sentencing or after probation completion. The motion is filed in the original court, and the court has discretion to grant based on the defendant’s record, the underlying conduct, and the rehabilitation showing.
Prop 47 reduction
If the underlying property value was $950 or less and the conduct does not fall within a Prop 47 exclusion, a prior felony grand theft conviction may be eligible for reduction to misdemeanor under PC 1170.18. This is retroactive resentencing and is filed in the original sentencing court.
Related pages
- Theft Crimes Defense Overview
- PC § 484 Petty Theft Defense
- PC § 490.2 Prop 47 Petty Theft
- Expungement and Record Sealing
- Pre-Filing Intervention
The Law Office of Zak Fisher is a Los Angeles criminal defense practice. This page is general legal information about California Penal Code § 487, not legal advice for any specific matter. Past results do not guarantee a similar outcome in your case. No attorney-client relationship is formed without a signed engagement letter. Attorney Advertising. Zak Fisher, Esq., California Bar No. 332712.
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