Felony Grand Theft in California — Your Complete Guide

Felony grand theft in California is a serious criminal offense that can result in state prison time, substantial fines, and a permanent felony record. While many theft offenses are charged as misdemeanors, certain circumstances elevate a theft charge to a felony, dramatically increasing the legal and personal consequences for the accused.

This complete guide focuses specifically on felony grand theft in California, explaining when theft becomes a felony, how prosecutors decide to file felony charges, potential penalties, sentencing enhancements, common examples, available defenses, and what to do if you are facing charges.

What Is Felony Grand Theft in California?

Felony grand theft is governed by California Penal Code § 487. Grand theft occurs when a person unlawfully takes property belonging to another and the offense meets specific legal criteria that make it more serious than petty theft. Because grand theft is classified as a “wobbler” offense, prosecutors have discretion to charge it as either a misdemeanor or a felony.

When charged as a felony, grand theft exposes the defendant to state prison sentences, formal probation, and long-term consequences that can affect employment, housing, and civil rights.

When Does Grand Theft Become a Felony?

Prosecutors evaluate several factors when deciding whether to file felony grand theft charges, including:

• The value of the stolen property

• The type of property involved

• Whether the theft was taken directly from a person

• Whether the defendant has prior theft or felony convictions

• Whether the theft involved planning, deception, or abuse of trust

• Whether the conduct was repeated or part of an ongoing scheme

Felony charges are more likely when the theft is considered deliberate, sophisticated, or poses heightened public safety concerns.

Property Value and Felony Grand Theft

In many cases, theft qualifies as grand theft when the value of the property exceeds $950, a threshold established by Proposition 47. However, exceeding this amount does not automatically mean the case will be filed as a felony. Prosecutors may still charge misdemeanor grand theft depending on the circumstances.

Conversely, theft involving property worth less than $950 can still result in felony grand theft charges when specific legal conditions apply.

Theft That Can Result in Felony Grand Theft Regardless of Value

Certain categories of theft are treated more harshly under California law and frequently lead to felony charges even when the stolen item has little monetary value.

Theft From a Person

Stealing property directly from someone’s body—such as pickpocketing a wallet or cellphone—is classified as grand theft and is often charged as a felony due to the personal nature of the offense.

Grand Theft Firearm

Any theft involving a firearm is considered felony grand theft. These cases are aggressively prosecuted and can result in enhanced penalties and permanent loss of firearm rights.

Motor Vehicle Theft

Stealing a car, truck, motorcycle, or similar vehicle is commonly charged under Vehicle Code § 10851 and may carry felony exposure even without intent to permanently deprive the owner.

Employee Theft and Aggregation

When an employee steals repeatedly from an employer, prosecutors may aggregate the value of stolen property over a 12-month period. Once the total exceeds $950, felony charges may apply.

Felony Grand Theft Penalties in California

A conviction for felony grand theft carries severe penalties, including:

• 16 months, 2 years, or 3 years in California state prison

• Fines of up to $10,000

• Formal felony probation

• Mandatory restitution to victims

• Court fees and assessments

Judges may impose probation instead of prison in certain cases, but felony exposure remains significant.

Sentence Enhancements for High-Value Felony Grand Theft

California law allows sentencing enhancements when felony grand theft involves especially large losses. Additional prison time may be added when the value of stolen property exceeds:

• $65,000

• $200,000

• $1,300,000

• $3,200,000

Each threshold can add one or more years to a prison sentence, substantially increasing total exposure.

Is Felony Grand Theft a Strike Offense?

Most felony grand theft offenses are not strike offenses under California’s Three Strikes Law. However:

• Grand theft firearm may qualify as a serious felony

• Theft involving force, threats, or violence can lead to additional charges that carry strike consequences

Understanding whether a charge qualifies as a strike is critical when evaluating long-term sentencing risk.

Elements Prosecutors Must Prove for Felony Grand Theft

To secure a felony grand theft conviction, prosecutors must prove each of the following beyond a reasonable doubt:

1. The defendant took or exercised control over property owned by someone else

2. The taking occurred without the owner’s consent

3. The defendant intended to permanently deprive the owner of the property

4. The property was moved, even slightly

5. The property value or circumstances legally qualify the offense as grand theft

6. The facts support felony-level prosecution

If prosecutors fail to prove even one element, the charge may be reduced or dismissed.

Common Examples of Felony Grand Theft

• Stealing electronics, jewelry, or equipment worth thousands of dollars

• Embezzling funds from an employer over time

• Pickpocketing wallets or smartphones

• Stealing a firearm from a home or vehicle

• Taking a vehicle without permission

• Organized retail theft involving multiple incidents

Each case is highly fact-specific and depends on the evidence presented.

Long-Term Consequences of a Felony Grand Theft Conviction

Beyond prison or probation, felony grand theft convictions can have lasting effects, including:

• A permanent felony criminal record

• Difficulty obtaining employment or professional licenses

• Housing and credit denials

• Loss of firearm ownership rights

• Immigration consequences for non-citizens, including deportation

• Enhanced penalties for future criminal offenses

For many individuals, these collateral consequences are more damaging than the sentence itself.

Defenses to Felony Grand Theft Charges

Felony grand theft charges can often be challenged or reduced. Common defenses include:

• Lack of intent to permanently deprive the owner

• Claim of right, where the defendant believed in good faith they owned the property

• Insufficient proof of value

• Consent from the owner

• Mistaken identity or weak evidence

A skilled defense strategy can result in reduced charges, probation instead of prison, or dismissal.

Can Felony Grand Theft Be Reduced to a Misdemeanor?

Yes. Because grand theft is a wobbler offense, felony charges may be reduced to misdemeanors through negotiations, court motions, or post-conviction relief such as Penal Code § 17(b) reductions. Early legal representation greatly improves the chances of a favorable outcome.

How Southwest Legal Can Help

Felony grand theft cases often involve complex legal issues, including property valuation, intent analysis, aggregation rules, and sentencing enhancements. Prosecutors frequently file felony charges early, even when the evidence may not support felony-level punishment.

Southwest Legal provides experienced criminal defense representation for individuals facing felony grand theft charges throughout Southern California. Our legal team understands how felony theft cases are built and how to challenge evidence, negotiate charge reductions, and pursue outcomes that protect your freedom and future. If you or a loved one is under investigation or has been charged with felony grand theft, early legal guidance is critical. Contact us today for a free, confidential consultation and learn how we can help defend your rights and fight for the best possible resolution in your case.