What Makes a Theft Crime a Felony 16 Jul 2021

California categorizes different kinds of theft crimes based on severity, while the criminal statutes punish these crimes based on whether the offense is a felony or misdemeanor. For felonies, the prosecutor’s decision is dependent on the property or services’ value and the nature of the crime.

Sometimes, felony theft is called grand theft, but the definition is not always proper because the offense is also classified as a misdemeanor. Discussed below are the circumstances that make your theft crime a felony.

What Makes a Theft Offense a Felony?

Theft, otherwise referred to as larceny, is a crime that involves deliberately taking someone else’s property without their permission to deprive them of its benefits. Simply put, theft is an act of acquiring someone else’s property illegally.

Many people fail to understand that theft crimes have many categories, and you may be charged with grand theft, petty theft, embezzlement, robbery, burglary, shoplifting, and others. Whether the prosecutor will charge you with a felony depends on the kind of property, its value, your criminal history, and the facts of the case. Discussed below are factors that make a theft offense a felony.

1. Property Value

California statutes classify thefts in terms of the amount obtained illegally. PC 484 defines petty theft as deliberately acquiring another person’s property unlawfully when the property value is no more than $950. The offense is filed as a misdemeanor whose punishment includes incarceration for up to six months in jail, court fines, victim restitution, and probation.

On the other hand, grand theft is outlined under PC 487 as illegally acquiring someone else’s property when its value is not less than $950. The offense is a wobbler, meaning the prosecutor has the discretion to file misdemeanor or felony charges. From this definition, it is clear that if the stolen item’s value is $950 or greater, then the stolen item’s value makes the theft a felony.

You can end up with grand theft charges in many ways. These are:

Grand Theft by Larceny

Larceny occurs when:

• You take possession of a tangible property belonging to another party
• You lack consent from the owner to take the property
• You take someone else’s property to deprive the holder of its use indelibly, take it for a prolonged duration from the owner to deny them its enjoyment or service, and move the property regardless of the distance and keep it for a particular duration.

Keep in mind that even simple shoplifting can result in grand theft by larceny charges if the stolen commodity’s value amounts to $950 or more.

Grand Theft by False Pretense

Theft by false pretenses is outlined under PC 532 as doing the following:

• Deliberately deceiving another party by saying something untrue
• You lied to make the individual let you have their property
• The individual relied on the false pretense to pass on possession or ownership

False pretense isn’t as apparent as you might assume. For the element to be present in your case, the prosecutor must demonstrate that you had plans of deceiving another party and you:

• Said something you knew was a lie
• Recklessly argue something as a fact while you don’t believe so
• Refuse to furnish details that you should have provided
• Promise something you don’t plan on fulfilling

Another crucial element that must be proven during these charges is that the victim of your actions relied on the false information to hand over their property. Although it might not be the only reason for the owner of the property to give it away, it needs to be clear that the victim relied on false pretenses.

The evidence required to charge you with this offense include:

• False token or writing
• Testimonies from not less than two witnesses
• Testimony from one witness plus additional evidence
• Writing which presents the false statement with your handwriting or signature

If you look at other ways that grand theft occurs, you will realize that there are more requirements under false pretenses before ending up with a conviction. This is because it is easy for an individual to falsely accuse you of having false pretenses to obtain their property after willingly handing over its ownership to you but later changing their mind.

The law recognizes the chances of false accusations in these cases, so they try to guard you and other defendants against these accusations by requiring testimonies from at least one witness.

Grand Theft By Trick

Grand theft by trick is a form of theft that occurs:

• When you obtain someone else’s property while fully aware, it belongs to them.
• When you utilize deceit to convince the owner to relinquish its ownership
• When taking the property, you planned to permanently deny the holder of its use or take it with you for long enough to deprive them of its value or benefit.
• You held on to the commodity for a specific duration regardless of how brief it is
• The holder of the item had no intention of transferring property ownership.

Note that although grand theft by false pretenses and grand theft by trick might look alike, the two are different because, under false pretenses, the victim lets you have control and ownership. On the other hand, grand theft by trick pushes the idea of someone handing over control of their property to you, but without the intention of transferring ownership.

Theft By Embezzlement

Embezzlement occurs when someone has entrusted you with a particular property and put you in a trust position on the property. Still, you decided to use the property for personal gains with the plans to deny the holder of its benefits for a particular duration or permanently. Even if you planned on returning the property after some time, theft by embezzlement charges would still hold in court.

You could be subject to felony theft when the property value is $950 or more. Anything less than this amount is petty theft and often charged as a misdemeanor. However, although it’s common for petty theft to be charged as a misdemeanor, sometimes the charges are deemed felonious based on the type of property stolen and not the property’s value.

If you end up with a conviction for felony grand theft, you will face up to thirty-six months in jail and court fines not exceeding $10,000. The judge might also impose three years of probation and require you to pay restitution.

2. The Type of Property Stolen

You might end up with felony theft charges even when the property’s value taken without the owner’s consent is $950 or less. California categorizes particular theft crimes based on the kind of property stolen. There are many cases when grand theft can be charged as a felony based on the sort of property in question. These include:

Grand Theft Auto (GTA)

California PC 487(d)(1) says that you will face GTA charges when you steal a car or any other vehicle with the plans to deprive the possessor of its benefits indelibly. It may include stealing a vehicle to flee a crime scene, stealing a car to strip its parts and sell them, or stealing a car to permanently deny the holder of its use, to abandon it later. Therefore, whenever the prosecuting party proves that:

• You stole someone’s car
• With plans to deny the holder of its use temporarily or indelibly
• Without the owner’s consent, and
• You move the car and retain it for some time; you will be subject to GTA penalties.

Similarly, if you:

• Trick another party to give you their automobile
• Steal a vehicle the owner entrusted you with

• Use false pretenses to acquire a car. These actions will make your offense categorized as a felony whose penalties are harsh.

Stealing a car makes the act of theft a felony whose penalties when sentences include 16 to 36 months in jail or court fines amounting to $10,000. However, if it’s your first offense, the offense is categorized as a misdemeanor.

Grand Theft Firearm

Your theft offense will be deemed a felony if you steal a firearm like a rifle or gun. Grand theft firearm is defined under PC 487(d)(2). Although you could face petty theft charges if the firearm’s value is $950 or less, the offense is like GTA. However, if the gun you have stolen is worth at least $950, you will face PC 487(d)(2) felony charges. The court will impose three years of county jail incarceration or ten thousand dollars in court fines during sentencing.

3. Criminal History

Your theft crime will become a felony if you are a repeat offender, even when the value property in question does not reach the felony standards. Offenses like petty theft are deemed as misdemeanors, but if you have a prior criminal record, the record makes the type of theft a wobbler, meaning you could face a felony or misdemeanor charge. A felony conviction for petty theft will attract up to three years in jail or $10,000 court fines.

If the offense you committed was supposed to be charged as misdemeanor grand theft, but it is discovered that you have a criminal history, the prosecution is likely to make the theft a felony.

4. The Degree of Theft

California differentiates particular crimes as misdemeanors or felonies based on the degree of the theft. Therefore, if you commit one of these crimes and belong to a felony degree, you will face felony charges. These crimes are:

California Burglary

California PC 459 is the statute that defines burglary as entering a residential or commercial structure with the plan to commit a felony when you make your way in. Note that even when you fail in achieving the felony once inside the facility or room, entering a room or building alone with plans to engage in criminal activity is enough to result in burglary charges. Further, one of the following elements must be true:

• The property you acquired illegally or planned on stealing was valued at $950 or more.
• The structure you gained access to wasn’t a commercial establishment
• The facility was a business establishment, but you entered it after operating hours

Burglary is classified as first-degree if it involves entering a residential structure, while second-degree burglary involves entering a commercial building to commit a felony. So, if you engage in a theft that involves entering a residential building, the theft crime becomes a felony. A residence, in this case, refers to an occupied house, hotel room, boat, trailer coach, or a room within an occupied structure.

Keep in mind that an inhabited or occupied structure means someone lives there. Therefore, even if the individual dwelling in the room were absent when entering to commit a felony, your theft crime would still be deemed a felony.

If the court finds you guilty of residential burglary, the penalties you will face include:

• Felony probation
• No more than six years imprisonment in a state prison
• Court fines not exceeding $10,000

Besides, you will add a strike on your record under the Three Strikes Law.

Similarly, your theft offense might become a felony if you commit second-degree or commercial burglary, despite it being a less severe crime than a residential burglary. Generally, a second-degree is a wobbler, and so, you could face felony or misdemeanor charges. The felony penalties for the second degree are lesser than those of the first-degree burglary, and they include:

• Formal probation
• As much as thirty-six months in jail
• A fine not exceeding ten thousand dollars

A misdemeanor sentence, on the other hand, attracts the following consequences:

• Summary probation
• No more than twelve months of jail custody
• As much as $1,000 in court fines

It’s worth noting that if you have a prior conviction for second-degree burglary that could qualify as shoplifting, you can apply for resentencing to face a misdemeanor shoplifting charge under Prop 47. However, to do this, you will need to work with an experienced criminal attorney.

California Robbery

Penal Code Sec. 211 defines robbery as taking another party’s property against their will, utilizing threats or force. The property in question can be in the victim’s immediate presence or person. The offense is a wobbler, and to earn a conviction, the prosecuting team must demonstrate the following elements:

• You took possession of another party’s property
• The property was already in possession or under the control of someone else
• You took the item from their person or within the victim’s reach or observation
• You took possession of the property against the owner’s will
• You utilized threats or force to take control of the property or to deter the victim from resisting.
• When making threats, you planned on denying the property holder of the item permanently or for a significant period, enough to dent them of the property’s benefits or use.

For the crime to be absolute, you must have used fear or physical force or obtained the item against the owner’s will.

Robbery is also categorized as first and second-degrees. First-degree robbery is a felony, and you will face these charges if the following is true:

• Your victim is a driver or occupant of a subway, taxi, or any other transportation for hire.
• The robbery occurs in an occupied structure or someone’s dwelling
• The theft occurs at an ATM or right after the victim leaves an ATM

If any of these elements are present in your case, your robbery case becomes a felony whose potential sentence includes:

• Formal probation
• As much as six years prison sentence
• A ten thousand dollar fine

You should understand that if you commit a robbery in the 1st-degree in an inhabited room with the help of at least two individuals, your sentence will be increased up to nine years.

On the other hand, second-degree robbery is also a felony, although the definition doesn’t meet the first-degree’s threshold. The penalties for the offense upon sentencing include formal probation, a $10,000 fine, and prison incarceration not exceeding five years.

If there are aggravating circumstances in your case, like inflicting great physical harm on the victim, you will be subject to subsequent and additional 36 to 72 months in prison. Where there is the use of firearms during the robbery, the sentence is significantly longer. In specific, the commission of robbery using a gun will result in:

• Ten years incarceration for personally using a firearm during a robbery
• Twenty years incarceration for using and firing a gun in person during a robbery
• Twenty-five to life incarceration for causing great bodily harm or death using a firearm in the commission of a robbery.

5. Manner of Theft

Your theft crime will become a felony based on the manner that it occurs. Robbery, for instance, is deemed a violent felony because it involves the use of threats or force to take another party’s property from their immediate presence.

Find an Experienced Criminal Defense Attorney Near Me

A felony sentence for theft in Van Nuys, CA, is severely punished, which is why you need an experienced attorney to contest the charges. Even a minor offense without a prior criminal record can destroy your future if you end up with a conviction because joining the military or acquiring a job will be almost impossible with the record. Luckily, a proficient attorney who understands the local felony theft statutes can provide quality legal representation. If you are charged with felony theft, contact Leah Legal today at 818-484-1100 for a free consultation.