Theft crimes in California are defined by specific elements and circumstances. Understanding how the state categorizes the unlawful taking of property is necessary to navigate these laws. This article explains what constitutes grand larceny, a serious offense, by detailing its legal definition, monetary thresholds, and potential penalties.
Understanding Larceny Under California Law
In California, Penal Code § 484 defines theft as the unlawful taking of another person’s property.1California Public Law. California Penal Code Section 484 (2025) For an act to be considered larceny, the prosecution must prove that the individual physically moved the property, even a short distance, and did so without the owner’s consent.
A central element is the intent to permanently deprive the owner of their property. This means the person taking the item did not intend to return it.
The Threshold for Grand Larceny
Larceny is elevated to the more serious offense of grand larceny based on the value or type of property stolen. Under California Penal Code § 487, the primary threshold is the theft of money, labor, or property with a value exceeding $950.2California Public Law. California Penal Code Section 487 (2025) This valuation is based on its fair market value, which is the reasonable price the property would sell for on the open market at the time of the theft. Any theft below this amount is classified as petty theft.3FindLaw. California Code, Penal Code – PEN § 488
Certain types of property automatically trigger grand larceny charges, sometimes at a lower value threshold or regardless of value. These exceptions highlight that the nature of the property can be a deciding factor. These include:
- The theft of any firearm or automobile.
- The theft of particular animals, such as horses.
- The theft of farm crops like fruits, vegetables, or nuts valued over $250.
- The theft of aquacultural products, such as fish or shellfish, from a commercial or research operation if the value exceeds $250.
Potential Penalties for Grand Larceny
Grand larceny is classified as a “wobbler” offense in California, meaning prosecutors have the discretion to charge it as either a misdemeanor or a felony. This decision depends on the specifics of the case, such as the value of the stolen property and the defendant’s criminal history.
If convicted of misdemeanor grand larceny, an individual faces up to one year in county jail. A felony conviction, however, carries a more severe sentence of 16 months, two years, or three years in county jail.
In addition to incarceration, penalties can include fines up to $10,000 and a requirement to pay restitution to the victim. Furthermore, felony convictions can have sentence enhancements if the value of the stolen property is exceptionally high, adding one to four years to the sentence.4California Public Law. California Penal Code Section 12022.6 (2025)
How Grand Larceny Differs from Other Theft Offenses
Grand larceny should be distinguished from other theft-related crimes in California. Robbery, defined under Penal Code § 211, involves taking property from another person’s immediate presence through the use of force or fear.5California Public Law. California Penal Code Section 211 (2025) Unlike larceny, which can be accomplished stealthily, robbery’s defining characteristic is the direct confrontation and intimidation of the victim.
Burglary, covered by Penal Code § 459, is the act of entering a structure with the intent to commit a felony or any theft once inside.6California Public Law. California Penal Code Section 459 (2025) The crime is complete upon entry with the requisite intent; a theft does not actually have to occur.
Embezzlement involves the theft of property by someone who was entrusted with it, such as an employee stealing from their employer.7California Public Law. California Penal Code Section 503 (2025) This breach of a position of trust is what separates embezzlement from a typical larceny case.