Theft has been around as long as mankind has had individual property rights. Today, each state divides theft into various categories. The term ‘grand theft’ describes the theft of property above a specific dollar amount.
A theft happens when a person is deprived of their property by another person, with the intent to deprive that personal permanently. In federal and state law, ‘theft’ often describes many crimes that involve taking property, such as extortion, embezzlement and receiving stolen property. Unauthorized use of property also is considered theft.
However, grand theft applies to what is called larceny, which is the theft of tangible or personal property.
Usually, states used to differentiate between the two types of larceny: grand larceny and petty larceny. These two larceny types were based on the value of the property. Grand theft applied when the property was worth more than a certain dollar amount set by the specific state.
Today, many states have both theft and larceny laws that no longer make distinctions between grand theft and petty theft. All states do however have laws that impose penalties based on the property value.
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How to fight and win a grand theft case, explained by a former D.A. (now criminal defense lawyer). Grand theft is defined in California Penal Code 487 PC as stealing property from another person valued at over $950. Grant theft is a felony and conviction can trigger probation and up to 3 years of state prison. But many innocent people get wrongly accused of grand theft. It’s possible to fight the charges and many times get the case reduced or dismissed.
Grand Theft Laws
Under most state laws, grand theft is thought to be a more serious theft because the property is of higher value. One of the major differences in laws in the states is how much the property has to be worth before the crime is actually grand theft. For instance, in many states, the difference between petty theft and grand theft is usually $500. What this means in reality is that a person who steals a good worth $499 committed petty theft, and one who steals a good worth $500 committed grand theft.
In most grand theft cases, the deciding point regarding the law is to determine the value of the stolen piece of property. The prosecutor has to prove that the stolen property is over the minimum for grand theft, or the accused may not be accused of the crime.
Value can be determined through several methods, such as determining the fair market value of the property or the retail value.
Grand Theft Crimes and Charges
In some thefts, several people may work as one to steal valuable items, or one person can steal several items as part of one theft. In some states, the law might consider all of the property stolen from one owner or a single location. In such states, the value of each item is added together to find out if the theft is actually grand theft.
In other states, the value of several items may not be grouped as one, if there are different victims, or if there was one, unified plan to steal.
State theft laws have differing levels to meet the requirements for grand theft. Higher degrees represent more serious crimes and come with higher penalties. For instance, some states can punish first degree grand theft as any theft where the item is worth more than $100,000. Grand theft in the second degree may apply when the item is between $50,000 and $100,000. Third degree grand theft would be when the item is worth $501 to $50,000.
In Florida, grand theft in the 1st degree is for $100,000 or more, while grand theft in the 2nd degree is for $5000 or more but less than $10,000. Meanwhile grand theft in the 3rd degree is for items $5,000 or less. Some states, including Florida, state that it is a 3rd degree grand theft felony to steal a firearm, vehicle or a will.
Grand Theft Punishment
Grand theft has always been considered a felony, which means that the potential punishment would be at least a year in prison. Today, some state theft laws may still use grand theft as a term, but it is not always considered a felony:
- Jail or prison time: For misdemeanors, you can be sentenced to a year in jail, while a felony for grand theft can involve from five to 20 years in prison. It largely depends on the value of the property. For truly expensive items, such as sport cars, more than 10 years in prison is possible.
- Fines: Misdemeanor fines usually are $1000 or so, while felony fines are usually more than $100,000.
- Restitution: If you are convicted for stealing something, the court usually will require that you pay restitution, plus any fines. Restitution is paid to the owner of the property, while a fine is then paid to the state.
- Probation: The court also may order the person to serve probation, which can be from one to five years.
Grand Theft Sentencing Guidelines
There are many types of theft, and the guidelines for grand theft in particular will depend upon several factors. First, the type and value of the property stolen will determine if the crime is a misdemeanor or a felony.
As noted above, a misdemeanor offense may be punished by up to one year in jail. A felony can be punished by more than a year in jail. For higher priced items, the prison sentence can be more than 10 years.
Also, the defendant’s criminal background will have an effect on the sentencing guidelines. Last, if there was violence or threat of force, the sentence can be greater.
Grand Theft Statute of Limitations
Generally, the statute of limitations for misdemeanor grand theft is one year, while for a felony it is three years. Check your state laws to be certain.
Grand Theft Cases
Below are some of the recent grand theft crime cases of note:
- Vanilla Ice: The famous rapper from the 1990s, whose real name is Robert Van Winkle, accepted a plea deal in 2015 for grand theft. He agreed to do 100 hours of community service and pay $1000 in restitution in exchange for the charges being dropped. (Fox News)
- Lenny Dykstra: The former center fielder for the New York Mets and Philadelphia Phillies was convicted and sentenced to three years in state prison in 2012 for his role in a grand theft auto case. (LA Times)
- Patricia Perez-Gonzalez: A Miami bikini model and her boyfriend were accused of grand theft and grand larceny, as well as operating an identity theft ring that accumulated $2 million in phony charges (NY Post)
Grand Theft Laws By State
Grand theft involves the unlawful taking of someone else’s property with the intent to permanently deprive the owner of its possession. The specifics and penalties for grand theft vary by state:
Under Code of Alabama Section 13A-8-3:
- Grand theft, known as first-degree theft, involves property valued at over $2,500 and is a Class B felony, punishable by up to 20 years in prison and fines up to $30,000.
Under Alaska Stat. Section 11.46.130:
- Grand theft, or theft in the first degree, involves property valued at $25,000 or more and is a Class B felony, punishable by up to 10 years in prison and fines up to $100,000.
Under A.R.S. Section 13-1802:
- Grand theft is classified based on the value of the stolen property, with property worth $25,000 or more considered a Class 2 felony, punishable by up to 12.5 years in prison.
Under Ark. Code Ann. Section 5-36-103:
- Theft of property valued over $25,000 is a Class B felony, punishable by up to 20 years in prison and fines up to $15,000.
Under California Penal Code Section 487:
- Grand theft involves property valued at more than $950 and can be punishable by up to 3 years in state prison.
Under Colo. Rev. Stat. Section 18-4-401:
- Theft of property worth $20,000 or more is a Class 3 felony, punishable by up to 12 years in prison and fines up to $750,000.
Under Connecticut General Statutes Section 53a-122:
- Grand theft, or larceny in the first degree, involves property valued over $20,000 and is a Class B felony, punishable by up to 20 years in prison and fines up to $15,000.
Under Title 11, Section 841:
- Theft of property valued at $100,000 or more is a Class B felony, punishable by up to 25 years in prison and fines determined by the court.
Under Florida Statutes Section 812.014:
- Theft of property valued at $100,000 or more is a first-degree felony, punishable by up to 30 years in prison and fines up to $10,000.
Under Georgia Code Section 16-8-12:
- Theft involving property valued over $25,000 is a felony, punishable by up to 20 years in prison and fines determined by the court.
Under Hawaii Revised Statutes Section 708-830:
- Theft of property worth over $20,000 is a Class B felony, punishable by up to 10 years in prison and fines up to $25,000.
Under Idaho Code Section 18-2407:
- Theft of property valued at $1,000 or more is a felony, punishable by up to 14 years in prison and fines up to $5,000.
Under Illinois Compiled Statutes 720 ILCS 5/16-1:
- Theft of property valued at $500,000 or more is a Class 1 felony, punishable by up to 15 years in prison and fines up to $25,000.
Under Indiana Code Section 35-43-4-2:
- Theft of property valued at $50,000 or more is a Level 5 felony, punishable by up to 6 years in prison and fines up to $10,000.
Under Iowa Code Section 714.2:
- Theft of property worth over $10,000 is a Class C felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Kansas Statutes Section 21-5801:
- Theft involving property valued over $100,000 is a severity level 5 felony, punishable by up to 34 months in prison and fines determined by the court.
Under Kentucky Revised Statutes Section 514.030:
- Theft of property worth $10,000 or more is a Class C felony, punishable by up to 10 years in prison and fines determined by the court.
Under Louisiana Revised Statutes Section 14:67:
- Theft of property valued over $25,000 is a felony, punishable by up to 20 years in prison and fines up to $50,000.
Under Maine Revised Statutes Title 17-A, Section 353:
- Theft of property worth over $10,000 is a Class B crime, punishable by up to 10 years in prison and fines up to $20,000.
Under Maryland Code Section 7-104:
- Theft of property valued at $100,000 or more is a felony, punishable by up to 25 years in prison and fines up to $25,000.
Under Massachusetts General Laws Chapter 266, Section 30:
- Theft of property valued over $1,200 is a felony, punishable by up to 5 years in prison and fines up to $25,000.
Under Michigan Compiled Laws Section 750.356:
- Theft of property valued at $20,000 or more is a felony, punishable by up to 10 years in prison and fines up to $15,000.
Under Minnesota Statutes Section 609.52:
- Theft of property worth $35,000 or more is a felony, punishable by up to 20 years in prison and fines up to $100,000.
Under Mississippi Code Section 97-17-41:
- Theft of property valued at $1,000 or more is a felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Missouri Revised Statutes Section 570.030:
- Theft of property worth $25,000 or more is a Class B felony, punishable by up to 15 years in prison and fines determined by the court.
Under Montana Code Annotated Section 45-6-301:
- Theft of property valued over $10,000 is a felony, punishable by up to 10 years in prison and fines up to $50,000.
Under Nebraska Revised Statutes Section 28-518:
- Theft of property valued at $5,000 or more is a Class IIA felony, punishable by up to 20 years in prison and fines determined by the court.
Under Nevada Revised Statutes Section 205.0835:
- Theft of property worth $3,500 or more is a Category B felony, punishable by up to 10 years in prison and fines up to $10,000.
Under New Hampshire Revised Statutes Section 637:11:
- Theft of property valued over $1,500 is a Class A felony, punishable by up to 15 years in prison and fines up to $4,000.
Under New Jersey Statutes Section 2C:20-2:
- Theft of property valued at $75,000 or more is a second-degree crime, punishable by up to 10 years in prison and fines up to $150,000.
Under New Mexico Statutes Section 30-16-1:
- Theft of property worth over $20,000 is a second-degree felony, punishable by up to 9 years in prison and fines up to $10,000.
Under New York Penal Law Section 155.42:
- Theft of property valued at $1 million or more is a Class B felony, punishable by up to 25 years in prison and fines determined by the court.
Under North Carolina General Statutes Section 14-72:
- Theft of property valued over $1,000 is a Class H felony, punishable by up to 39 months in prison and fines determined by the court.
Under North Dakota Century Code Section 12.1-23-05:
- Theft of property valued at $50,000 or more is a Class A felony, punishable by up to 20 years in prison and fines up to $20,000.
Under Ohio Revised Code Section 2913.02:
- Theft of property worth $1.5 million or more is a first-degree felony, punishable by 3 to 11 years in prison and fines up to $20,000.
Under Oklahoma Statutes Section 21-1704:
- Theft of property valued over $25,000 is a felony, punishable by up to 10 years in prison and fines up to $10,000.
Under Oregon Revised Statutes Section 164.055:
- Theft of property worth $10,000 or more is a Class B felony, punishable by up to 10 years in prison and fines up to $250,000.
Under Pennsylvania Consolidated Statutes Section 3921:
- Theft of property valued over $500,000 is a first-degree felony, punishable by up to 20 years in prison and fines up to $25,000.
Under Rhode Island General Laws Section 11-41-2:
- Theft of property valued at $1,500 or more is a felony, punishable by up to 10 years in prison and fines up to $50,000.
Under South Carolina Code Section 16-13-30:
- Theft of property worth over $10,000 is a felony, punishable by up to 10 years in prison and fines up to $5,000.
Under South Dakota Codified Laws Section 22-30A-17:
- Theft of property valued at $100,000 or more is a Class 2 felony, punishable by up to 25 years in prison and fines up to $50,000.
Under Tennessee Code Annotated Section 39-14-105:
- Theft of property worth $250,000 or more is a Class A felony, punishable by up to 60 years in prison and fines up to $50,000.
Under Texas Penal Code Section 31.03:
- Theft of property valued at $300,000 or more is a first-degree felony, punishable by up to 99 years in prison and fines up to $10,000.
Under Utah Code Section 76-6-412:
- Theft of property valued over $5,000 is a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 2501:
- Theft of property worth over $900 is a felony, punishable by up to 10 years in prison and fines up to $1,000.
Under Virginia Code Section 18.2-95:
- Theft of property valued at $1,000 or more is a Class 6 felony, punishable by up to 5 years in prison and fines determined by the court.
Under Revised Code of Washington Section 9A.56.030:
- Theft of property worth $5,000 or more is a Class B felony, punishable by up to 10 years in prison and fines up to $20,000.
Under West Virginia Code Section 61-3-13:
- Theft of property valued at $1,000 or more is a felony, punishable by up to 10 years in prison and fines up to $2,500.
Under Wisconsin Statutes Section 943.20:
- Theft of property worth $10,000 or more is a Class G felony, punishable by up to 10 years in prison and fines up to $25,000.
Under Wyoming Statutes Section 6-3-402:
- Theft of property valued at $1,000 or more is a felony, punishable by up to 10 years in prison and fines up to $10,000.