California Grand Theft Law
- Certain types of theft can result in a grand theft conviction, even if the property that was stolen was worth less than $400. For example, a person is guilty of grand theft if he steals a firearm, a car or an animal or steals personal property off of another person's body.
- Among the types to commit California grand theft are larceny and embezzlement. The jury only needs to find that the person is guilty of one of these crimes, not all of them. Larceny is usually shoplifting and embezzlement is when someone steals from someone who trusts them with their possession.
- In order to convict a person of California grand theft, the prosecutor must prove that there was intent present in the mind of the person committing the theft. If someone intends to steal another person's possession, whether it is temporary or permanent, it is theft. If intent cannot be proven by the prosecution, then the person did not commit theft.
- Embezzlement occurs when a person builds a trusting relationship with another person with the intent to later steal property from that person. For example, if a bookkeeper at a law firm is in charge of transferring money from one account to another for the firm, but instead she chooses to transfer that money into her own account, she would be charged with embezzlement because the law firm trusted her with the money and she stole from them using that trust.
- A few different defenses can be used in pleading innocent to California grand theft. For instance, the person being charged with grand theft could claim he did not know he was not the true owner of the property. Or the defendant could claim that the other person consented to him taking possession of the property, either temporarily or permanently. One defense that cannot be used is that the defendant intended to return the item to its rightful owner. If this defense were permissible, every thief could easily say he should not be charged with theft because he intended to return the possession to the owner.