Penal Code 487 PC: Grand Theft in California

Penal Code 487 makes a theft grand theft when the property is worth more than $950, when it is taken directly from a person, or when it is a car or a gun. Most grand theft is a wobbler, with up to 364 days in county jail as a misdemeanor or 16 months, two or three years as a felony, usually served in county jail. Theft of a gun is always a felony and a strike.

What PC 487 means

PC 487 does not create a separate kind of theft. Theft itself is defined in PC 484 and includes stealing property, keeping or using property you were trusted with (embezzlement), and getting money or property by lying (false pretenses). PC 487 decides when a theft is grand theft instead of petty theft. Value is the property's fair market value at the time it was taken (PC 484).

Theft is grand theft when the money, labor or property is worth more than $950; when farm crops, poultry or aquaculture products worth more than $250 are taken; when an employee takes $950 or more from an employer within any 12 consecutive months; when the property is taken from another person, such as from a pocket or a purse they are holding; or when the property is a car or a gun (PC 487(a) to (d)).

Related thefts can be added together to pass $950, even against different victims or in different counties, if they were part of one plan. Evidence of one plan can include the same people being involved, similar acts, or thefts within 90 days (PC 487(e)). Proposition 36 also lets prosecutors combine the value of separate thefts or shoplifting incidents into one charge (PC 490.3).

For the most common kind, theft by larceny, the prosecutor must prove each of these beyond a reasonable doubt, plus the fact that makes it grand theft, such as a value over $950 (CALCRIM 1800, 1801):

1. You took possession of property that belonged to someone else
2. You took it without the owner's consent
3. When you took it, you intended to deprive the owner of it permanently, or for so long that the owner would lose a major part of its value or enjoyment
4. You moved the property, even a small distance, and kept it for any length of time, however brief

PC 487 penalties

• Misdemeanor: up to 364 days in county jail and a fine of up to $1,000 (PC 489(c), 18.5, 672)
• Felony: 16 months, two or three years, usually served in county jail, often with part of the term served on mandatory supervision instead of in custody, and a fine of up to $10,000 (PC 489(c), 1170(h), 672)
• Theft of a gun: always a felony, with 16 months, two or three years in state prison (PC 489(a))
• Large losses: when the loss is more than $50,000, the judge must add one more year, rising to two years over $200,000, three over $1 million and four over $3 million (PC 12022.6)

The judge also orders restitution, which means paying the victim back for the loss (PC 1202.4). If you have a prior serious or violent felony or a registrable sex offense, a felony sentence is served in state prison instead of county jail (PC 1170(h)(3)).

Grand theft or petty theft?

The line is usually $950. At $950 or less, theft is petty theft, a misdemeanor with up to six months in county jail and a fine of up to $1,000 (PC 488, 490, 490.2), unless the property is a gun. With two or more prior theft-related convictions, including burglary, robbery, receiving stolen property and identity theft, a new petty theft or shoplifting charge can be filed as a felony under Proposition 36 (PC 666.1). Entering an open store to steal $950 or less is charged as shoplifting, not burglary or grand theft (PC 459.5).

Consequences beyond jail

• Strike: grand theft of a gun is a serious felony and a strike (PC 1192.7(c)(26)); other grand theft is not
• Guns: any felony conviction brings a lifetime ban on owning or having a gun (PC 29800)
• Work and licenses: theft is a crime of dishonesty, which matters to employers, landlords and licensing boards
• Immigration: for non-citizens, theft is usually treated as a crime involving moral turpitude, and a theft conviction with a sentence of a year or more can be an aggravated felony, which can lead to deportation, so talk to us before any plea

Common defenses to PC 487

It depends on the evidence. Common defenses include:

• You believed in good faith that the property was yours or that you had a right to take it
• You did not intend to keep it, for example you borrowed it with permission or meant to return it
• The value is overstated: what counts is fair market value at the time, and used or damaged property is often worth far less than the owner claims
• The thefts were separate and can't be added together to pass $950
• Mistaken identity, often based on unclear video or a rushed identification
• The stop, search or statement was unlawful, so the evidence can be thrown out (PC 1538.5)

We review the police report, store or workplace video, receipts, valuation evidence and witness statements to find the weaknesses in the case.

Related charges

• PC 484 theft and petty theft
• PC 459 burglary
• PC 211 robbery
• PC 530.5 identity theft
• PC 496 receiving stolen property
• Embezzlement and theft (practice page)

PC 487 cases in Riverside and San Bernardino counties

Theft cases are prosecuted by the District Attorney's Office in each county. Proposition 36 has made prior theft records count for more here. In 2025, Riverside County courts recorded 1,537 felony filings under PC 666.1, the new law for theft with two or more priors, and San Bernardino County courts 907, out of 15,508 statewide, according to the Judicial Council. In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse. In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse.

A felony grand theft can often be reduced to a misdemeanor (PC 17(b)), and how restitution is handled can shape the outcome, so the first weeks of the case matter. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.

Read the official text of PC 487 on the California Legislative Information site.

This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.