Lee Law Group DUI & Criminal Attorneys Serving San Diego
Grand Theft
Grand Theft Attorney in San Diego
Defending PC 487 Charges Across San Diego County Since 2007
A grand theft charge under California Penal Code 487 carries real consequences: potential felony status, time in custody, and a record that follows you into background checks for jobs, housing, and professional licenses. Lee Law Group DUI & Criminal Attorneys has defended San Diego County residents against charges like these since 2007, with more than 20 years of combined courtroom experience and two attorneys recognized on the Super Lawyers or Rising Stars lists through peer evaluation. Our founding mission is to make that level of defense accessible to working people, not only those with substantial financial resources.
A charge is not a conviction. The prosecution must prove every element of grand theft beyond a reasonable doubt, and early intervention gives our defense team the most room to challenge evidence, address bail, and act before critical deadlines pass.
If you or someone you know is facing a grand theft charge in San Diego, contact Lee Law Group DUI & Criminal Attorneys now at (619) 975-2033. We begin defense preparations from the moment you call.
How Grand Theft Cases Move Through the San Diego System
Under Penal Code 487, grand theft is the unlawful taking of money, labor, or property valued above $950, or the theft of any vehicle or firearm regardless of value. Grand theft is a wobbler offense, meaning the San Diego District Attorney has discretion to file it as a felony or a misdemeanor based on the value of the property, the defendant’s criminal history, and the circumstances of the case. That charging decision shapes everything that follows.
These charges arise from a wide range of situations: employee theft allegations, property disputes between business partners or family members, embezzlement claims, and cases where the value of the property is genuinely debatable. Our attorneys are familiar with how the San Diego District Attorney’s Office evaluates and files grand theft cases locally, and we appear at all San Diego Superior Court locations, including branch courthouses in Chula Vista and El Cajon.
From the moment a client contacts us, we review the evidence, advise on bail, and explain every legal option in plain terms. Our clients understand the reasoning behind their defense strategy at every stage, not just the outcome we’re working toward.
What a Grand Theft Conviction Can Cost You Beyond the Sentence
The criminal sentence is only part of what’s at stake. A felony grand theft conviction is classified as a crime of moral turpitude, and employers in fields involving money, property access, or positions of trust treat it accordingly. Professional licensing boards for real estate, nursing, accounting, education, and contracting may initiate disciplinary proceedings ranging from probation to license revocation.
For non-citizens, a theft conviction can trigger deportation proceedings or create a permanent bar to naturalization, particularly when it qualifies as a crime involving moral turpitude under federal immigration law. A felony conviction also results in the loss of the right to own or possess firearms under California law and makes securing rental housing significantly harder.
The distinction between a felony and a misdemeanor can determine whether a client keeps their career, their home, and their immigration status. That’s why how a case is charged and how it resolves both matter.
Why San Diego Residents Choose Lee Law Group DUI & Criminal Attorneys
Ernest Lee Sr. founded this firm after working at four different San Diego area law firms, giving him a broad view of how criminal defense is practiced before he built the model he believed in. Every criminal case at our firm is reviewed by multiple attorneys, combining perspectives to identify the strongest available defense. Two of our attorneys have earned recognition on the Super Lawyers or Rising Stars lists, and Ernest Lee Sr. has appeared as a legal commentator on KUSI TV, reflecting more than 17 years of standing in the San Diego legal community.
Our 5-star client rating reflects something straightforward: we treat every case as a priority, communicate honestly about options and risks, and don’t make promises we can’t keep. Clients consistently tell us that our responsiveness during a difficult process sets us apart. We live and work in San Diego, and that personal connection drives how we show up for the people we represent.
Start Your Grand Theft Defense Today
Time matters after a grand theft arrest. Arraignment is typically scheduled within 48 hours of arrest under California law, excluding Sundays and court holidays, and preserving your strongest defense options depends on acting quickly. Our grand theft lawyers serve clients throughout San Diego County and appear at every San Diego Superior Court location where criminal matters are heard.
We offer confidential consultations and begin defense preparations immediately. Clients receive experienced, honest representation regardless of their financial situation.
Call Lee Law Group DUI & Criminal Attorneys at (619) 975-2033 or reach us through our online contact us form to speak with a grand theft attorney about your case.
Why Choose Lee Law Group DUI & Criminal Attorneys?
Affordable Justice
Everyone deserves a powerful defense. We’re committed to making fierce, effective representation accessible and affordable.
Experienced and Unyielding
With 20 years of legal experience, we’ve honed the instincts, strategy, and grit needed to deliver results—even in the toughest situations.
Client-Centered Protection
When you hire us, you’re under our wing. We take on your burden, reduce your anxiety, and give you the strength of knowing someone has your back.
Strength with Compassion
We combine inner steel with heartfelt empathy. Our clients aren’t just cases—they’re people who deserve to feel protected, supported, and understood.
Relentless Advocacy
We fight for our clients with unshakable determination. Like a pitbull in the courtroom, we don’t back down—ever—until the judge says it’s over.
Types of Grand Theft Under California Law
PC 487 defines grand theft through four legal theories, plus two category-specific offenses. Understanding which theory the prosecution is pursuing affects every element they must prove and every avenue available to the defense.
Grand Theft by Larceny
The most common form: physically taking another person’s property without consent, moving it, and intending to permanently deprive the owner of it, or for long enough to deprive them of a significant portion of its value or enjoyment.
Grand Theft by False Pretense
The defendant makes a knowingly false statement or fraudulent representation that causes the owner to voluntarily transfer both possession and legal ownership of the property. The prosecution must typically corroborate the false statement with additional evidence.
Grand Theft by Trick
Similar to false pretense, but the owner transfers only physical possession, not legal title. The defendant uses deception to obtain temporary possession with the intent to keep the property.
Grand Theft by Embezzlement
Occurs when someone in a position of trust fraudulently converts property entrusted to them for their own benefit. Employment and fiduciary relationships are common contexts for these charges.
Grand Theft Auto & Grand Theft Firearm
Grand theft auto under PC 487(d)(1) applies when a vehicle is stolen with intent to permanently deprive the owner of it; no minimum dollar value is required. Grand theft firearm under PC 487(d)(2) can be charged as a felony when the firearm is valued above $950 or the defendant has a qualifying prior conviction. It qualifies as a serious felony under PC 1192.7(c)(26) and counts as a strike under California’s Three Strikes Law. The stakes for firearm-related charges are distinctly higher.
When multiple acts of theft are committed under a single plan or impulse, California’s consolidation doctrine may allow the prosecution to aggregate their values to exceed the $950 threshold.
Penalties for Grand Theft in California
The sentence a defendant faces depends on whether the charge is filed as a misdemeanor or felony and whether any enhancements apply. The wobbler determination happens at the filing stage and, in some cases, can be revisited later.
Misdemeanor grand theft:
Up to one year in county jail and a fine up to $1,000. This outcome is most likely for first-time offenders with property values close to the threshold and no aggravating circumstances.
Felony grand theft (non-firearm):
16 months, 2 years, or 3 years in county jail under California’s realignment legislation, plus a fine up to $10,000. Restitution to the victim may also be ordered.
Grand theft firearm:
A felony when the firearm is valued above $950 or the defendant has a qualifying prior conviction. 16 months, 2 years, or 3 years in state prison.
Even after a felony conviction, a wobbler offense may be reduced to a misdemeanor under Penal Code 17(b) at sentencing or post-conviction, restoring rights and opportunities that a felony designation removes. The factors the San Diego District Attorney weighs when deciding how to file include the property’s value, the defendant’s criminal history, whether a position of trust was involved, and the specific circumstances of the alleged offense.
Penalty Enhancements & Three Strikes Exposure
When the value of stolen property is exceptionally high, PC 12022.6 adds consecutive prison time on top of the base sentence. These enhancements are served after the underlying term is complete.
PC 12022.6 enhancement tiers:
Theft over $50,000: one additional year
Theft over $200,000: two additional years
Theft over $1,000,000: three additional years
Theft over $3,000,000: four additional years
Grand theft firearm is the only form of grand theft that qualifies as a strike under California’s Three Strikes Law. A second strike doubles the standard sentence; a third strike can result in a mandatory term of 25 years to life. Value-based grand theft, grand theft from a person, and grand theft auto are not strike offenses. Defendants with a prior conviction for a registerable sex offense or certain serious felonies may also face grand theft charges even when the property involved is valued at $950 or less.
Related Offenses That Appear Alongside Grand Theft
Grand theft charges frequently appear alongside, or are confused with, other California theft offenses. Knowing how these charges differ matters for building an effective defense.
Robbery & Burglary
Robbery under PC 211 requires force or fear and is always a felony strike. Grand theft doesn’t require force or fear and is a wobbler. When a prosecutor charges grand theft as robbery, challenging that characterization can significantly change the exposure. Burglary under PC 459 involves entering a structure with intent to commit theft and may be charged alongside or instead of grand theft depending on the circumstances.
Petty Theft & Shoplifting
Petty theft under PC 484 and PC 488 applies when property is valued at $950 or less and is generally a misdemeanor under Proposition 47. Shoplifting under PC 459.5 covers entering a commercial establishment during business hours to steal property valued at $950 or less. When the prosecution’s valuation is questionable, these lesser charges may be the accurate ones.
Receiving Stolen Property & Vehicle Offenses
Receiving stolen property under PC 496 is a separate offense involving knowing possession of stolen goods, regardless of whether the defendant did the taking. Unlawful taking of a vehicle under Vehicle Code 10851 doesn’t require intent to permanently deprive the owner, which makes it a distinct charge from grand theft auto and sometimes the more appropriate one based on the facts.
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An effective defense begins with understanding exactly what the prosecution must prove and where their evidence is weakest. Our grand theft attorneys in San Diego examine every element of the charge before advising on strategy.
Challenging Valuation
The legal standard for grand theft is the fair market value of the property at the time of the alleged theft, not retail replacement cost. Used and depreciated property is routinely overvalued by the prosecution. We scrutinize the evidence behind the valuation figure, because a reduction below $950 can change the charge entirely under Proposition 47 (PC 490.2).
Lack of Intent & Claim of Right
Grand theft requires specific intent to permanently deprive the owner of the property. If the defendant intended to borrow the item, believed they had authorization, or acted under a genuine misunderstanding, that intent element may not be met. Under CALCRIM 1863, a person who takes property under a good-faith belief that they have a right to it isn’t guilty of theft, even if that belief turns out to be wrong.
Consent & Authorization
If the property owner gave permission to take the property, no theft occurred. This defense arises most often in employer-employee disputes, family property disagreements, and business-partner situations where authorization was given informally and is now contested.
Mistaken Identity & Evidence Quality
We review surveillance footage resolution and angle, examine the reliability of witness identification, and challenge the chain of custody for physical evidence. Identification errors are more common than many people assume, particularly in retail and commercial settings.
Wobbler Reduction & Prop 47 Relief
For clients charged with felony grand theft, we advocate for reduction to a misdemeanor under PC 17(b) at the preliminary hearing, at sentencing, or post-conviction. This is particularly effective for first-time offenders and cases where property values are close to the threshold. We also evaluate whether Proposition 47 applies to current or prior charges where property was incorrectly filed as grand theft when the value was $950 or less.
Pre-Filing Intervention
When a client contacts us before charges are formally filed, we can present evidence or context directly to the prosecutor’s office that may influence whether charges are filed at all, or how they are filed. This window closes quickly after an arrest.
How San Diego County Courts Handle Grand Theft Cases
Grand theft charges in San Diego County are typically filed in the branch courthouse serving the jurisdiction where the alleged offense occurred. Our attorneys appear at every San Diego Superior Court location handling criminal matters, including the downtown San Diego courthouse and branch courthouses in Chula Vista and El Cajon. Knowing the local system, the prosecution’s tendencies, and the procedural expectations of each court is part of how we prepare every case.
Under California law, arraignment is generally scheduled within 48 hours of arrest, excluding Sundays and court holidays. At arraignment, charges are formally announced and bail may be set. For felony grand theft, the preliminary hearing is an early critical stage: the defense can challenge the prosecution’s evidence and cross-examine witnesses before the case moves toward trial. San Diego Superior Court enforces strict scheduling deadlines, and missing them can limit defense options that might otherwise be available.
We guide clients through every procedural stage from the first consultation through arraignment, preliminary hearings, pretrial motions, and case resolution, with clear explanations at each step so clients understand what is happening and why.
Post-Conviction Relief for Grand Theft in California
A conviction doesn’t always end the matter. California law provides several avenues to revisit a grand theft conviction after sentencing, and we evaluate whether any of them apply to a client’s situation.
Expungement under PC 1203.4:
Individuals who have completed probation may petition to have a grand theft conviction dismissed. A dismissal doesn’t erase the record entirely, but it can make a meaningful difference in employment and professional licensing contexts.
Wobbler reduction under PC 17(b):
A felony grand theft conviction that qualifies as a wobbler may be reduced to a misdemeanor post-conviction, which may restore firearm rights, improve housing and employment prospects, and remove the felony designation from the record.
Proposition 47 resentencing under PC 1170.18:
Individuals with prior grand theft convictions where the property was valued at $950 or less may petition to have the conviction reclassified as misdemeanor petty theft. This can change how the conviction appears in background checks and how it affects future charging decisions.
Eligibility for post-conviction relief depends on the specific facts of the conviction and compliance with the terms of the sentence or probation. Not every case qualifies, but we evaluate the options thoroughly before advising a client that relief isn’t available.
