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Auggie

(31,957 posts)
12. There is a felony charge for "Grand Theft" -- value exceeding $950.
Tue Sep 5, 2023, 01:48 PM
Sep 2023
California's statute criminalizing Grand Theft applies, broadly, whenever property is taken with value exceeding $950. The crime also applies to automobile theft and the theft or firearms. Grand Theft does not require the use of fear or force. You must, however, move the property and keep it for some period. The crime is related to Shoplifting because a charge under Section 459.5(a) is a potential alternative to a Grand Theft allegation.

The facts surrounding your case will determine the severity of the charge. This makes Grand Theft a “wobbler” crime in California. If you're convicted of a felony grand theft, the penalty may be:

A term of up to three (3) years in a state prison; OR, A fine of up to $10,000 (ten-thousand dollars); OR,
Both imprisonment and a fine.

Example: You took someone else's automobile, firearm, or property which was worth more than $950. When you took it, you intended on taking it permanently or removing it for long enough that the owner would lose a major portion of its value or enjoyment of it. Finally, you moved and kept it for some amount of time.

https://www.kannlawoffice.com/california-penal-code-section-459-5-shoplifting#:~:text=If%20you%27re%20convicted%20of,fine%20of%20up%20to%20%2410%2C000.


About Robbery (same link):

Robbery (CPC §211) involves using force or fear to take property from another person with the intent of not returning it. Robbery is linked to Shoplifting because takings punishable as petty thefts are often the purpose of robbing commercial establishments.

Robbery is considered both a “serious” and “violent felony” under state law. Thus, it's subject to sentence enhancement under California's “Three Strikes” system. Three “strikes” on your record will result in a minimum of twenty-five years in state prison. If you're convicted of first-degree Robbery, the penalty, without enhancement, may be:

A term of up to nine (9) years in a state prison;[30] OR, A fine of up to $10,000 (ten-thousand dollars); OR, Both a fine and imprisonment.

Note: The intent to take property must have been formed before or during the use of force or fear.


One could argue that many of these retail thefts involve some kind of force and/or intimidation of fear. There must be another charge for group stealing, but I don't know what it is.

So there are laws on the books. Cops just have to catch the bad guys, and prosecutors and judges need to by tough.

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