The crime of theft, whether small or large carries penalties in the court of law. This post will examine theft, under California Penal Code laws. Despite this narrowing down to one State, other states define theft in similar ways.
Let’s explore:
· The elements of the crime of theft
· The various types of theft
· The penalties for theft
Any individual who takes possession of someone else’s property, without their consent is guilty of theft under California Penal Code Section 484.
Theft crimes can be examined under California Penal Code 484 and subdivisions include:
· Petty Theft
· Grand Theft
California Penal Code 488 – The Crime of Petty Theft
Petty theft is a misdemeanor offense, whereby goods stolen are valued at less than $950. The punishments include up to six months in jail and/or one thousand dollars in fines.
California Penal Code 487 – The Crime of Grand Theft
Grand theft is a wobbler, which means it can be filed as a misdemeanor or felony offense. Goods stolen that are valued greater than $950 is charged as grand theft.
Misdemeanor punishments include up to six months in jail, and/or one thousand dollars in fines.
Felony fines include either 16 months, 2 or 3 years in prison, and/or ten thousand dollars in fines.
There are of course other forms of theft such as shoplifting, grand theft auto, theft of grand carcasses and others, but ultimately these crimes are charged as either petty theft or grand theft.
The main determining factor is usually the cost of the item. However, there are exceptions to this rule. For instance, Grand Carcass may be theft of animals and produce that are worth less than $950, but it’s still charged as grand theft.
