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What is the Crime of Grand Theft Person?
According to the SCLG, in California, grand theft person is a form of larceny, which is a type of theft crime [1]. This offense is specifically addressed in California Penal Code section 487(c) PC, which defines grand theft as the act of stealing property directly from another person.
Theft, in general, involves the unauthorized taking and movement of someone else’s property with the intent to permanently deprive them of it.
For an act of theft to be considered grand theft in California, the value of the stolen property typically needs to exceed $950. However, when the property is taken directly from the victim’s person, the value is not a determining factor.
It is up to the prosecutor to prove that the item was taken from the victim’s person. Law enforcement has to prove this element of the crime beyond a reasonable doubt – SCLG stated.
Is Grand Theft a Felony in California?
As stated by John D. Rogers, in California, grand theft can be categorized as either a felony or a misdemeanor, depending on the circumstances [2]. When a crime can be charged as either, it is known as a “wobbler.” The decision to charge a defendant with a felony or misdemeanor is influenced by factors such as the facts of the case, the defendant’s prior criminal record, and the prosecutor’s discretion.
Several factors determine whether grand theft is classified as a felony or misdemeanor. One key factor is the value of the stolen property. If the value exceeds $950, the crime is typically charged as a felony. However, if the value is less than $950, it is usually considered a misdemeanor petty theft.
The type of property stolen is also important. Certain items, like firearms or vehicles, are considered “aggravated” grand thefts and are always charged as felonies. Furthermore, if the theft occurred during another crime, such as burglary or robbery, it may also be classified as a felony.
A defendant’s criminal history is another factor. Prior convictions for grand theft or other theft-related offenses may lead to a felony charge. Additionally, a history of violent or dangerous crimes could increase the likelihood of a felony charge.
Ultimately, the prosecutor’s discretion plays a significant role. They may choose to charge a defendant with a felony or misdemeanor based on the specifics of the case and their judgment.
Crime Trends in California
- In 2022, aggravated assaults accounted for 67% of reported violent crimes, while robberies made up 25%, rapes 7%, and homicides 1%.
- Violent crime in California has been on the rise in recent years, mirroring a national trend that has seen increases since the onset of the pandemic. Compared to the pre-COVID rate in 2019 of 436 violent crimes per 100,000 residents, California’s current violent crime rate is up by 13.5%.
- The state’s violent crime rate has fluctuated over the decades. Between 1960 and 1980, rates spiked from 236 to 888 violent crimes per 100,000 residents, followed by a decline in the early 1980s, only to rise again into the early 1990s. After peaking at 1,115 per 100,000 residents in 1992, California’s violent crime rate steadily decreased, reaching a 50-year low of 391 in 2014. However, since 2014, the violent crime rate has been trending upward, increasing in six out of the past eight years and now sitting at a level 26.4% higher than in 2014.
According to the Public Policy Institute of California (PPIC) 2022 research, California’s violent crime rate increased by 5.7%, from 468 crimes per 100,000 residents in 2021 to 495 in 2022. While the rates for robbery (theft with force) and aggravated assault increased by 9.9% and 5.2%, respectively, homicides reversed a two-year upward trend, dropping by 6.1%, and rapes remained essentially the same (0.1% decrease) [3].
Related Articles:
- What Is Grand Theft Auto?
- Can Petty Theft Charges be Dropped?
- Difference Between Robbery and Burglary
FAQs
Can a Grand Theft Person charge be reduced to a lesser offense?
Yes, with effective legal representation, a Grand Theft Person charge can sometimes be reduced to a lesser offense, such as petty theft, especially if the stolen property’s value is relatively low or if mitigating circumstances exist.
Does the value of the stolen property affect the severity of a Grand Theft Person charge?
Yes, the value of the stolen property significantly impacts the severity of a Grand Theft Person charge. Higher-value thefts typically result in more severe charges and penalties, including longer prison sentences and larger fines.
How does a Grand Theft Person conviction impact future employment opportunities?
A Grand Theft Person conviction can severely impact future employment opportunities, as it leaves a permanent mark on the individual’s criminal record. Employers may be hesitant to hire someone with a theft-related conviction, especially in positions of trust.
How does intent play a role in a Grand Theft Person charge?
Intent is a crucial element in a Grand Theft Person charge. The prosecution must prove that the defendant intended to permanently deprive the victim of their property. Lack of intent can be a strong defense against the charge.
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References:
1. https://www.shouselaw.com/ca/blog/grand-theft-person/
2. https://www.ppic.org/publication/crime-trends-in-california/
3. https://johndrogerslaw.com/is-grand-theft-a-felony-or-misdemeanor-under-california-law-pc-487a/