Grand theft is a felony crime that occurs when stolen property exceeds a state's specific dollar limit or involves items like cars or firearms.
Theft and thievery have been around for as long as mankind has believed in the idea of individual property and property rights. Today, states differentiate the various kinds of theft into different categories. In some states, the category of “grand theft” is used to describe theft of personal or tangible property in excess of a specific dollar amount.
What Is Grand Theft?
Grand theft generally describes felony-level theft, whereas petty theft is a misdemeanor-level offense. Some states use the term "larceny" to describe theft of personal or tangible property (as opposed to other types of theft, like theft of services). In these states, the law might refer to grand larceny and petty larceny.
A theft occurs whenever a person takes another's property without consent and with the intent of permanently depriving them of their property or its use. In the law, the word “theft” is often used to describe a wide range of crimes that involve the taking of property. For example, embezzlement, extortion, receiving stolen property, and unauthorized use of property can all be considered theft.
Traditionally, states differentiated between two types of larceny: grand and petit (or petty) larceny. These two types of larceny crimes were based on the value of the property stolen, with grand theft applying when the property was more valuable than a specific dollar amount as identified by law. Many states have since done away with a singular distinction between grand theft and petty theft. States might still use the term grand theft but, even in these states, most impose varying degrees of grand theft penalties rather than just one.
Where's the Line Between Grand Theft and Petty Theft?
Grand theft is considered a more serious theft offense because the property stolen is highly valuable based on monetary value or type of property.
Monetary Thresholds: Value of the Property
How much the property must be worth before the crime is considered a grand theft instead of a petty theft differs between states. In many states, that amount (the monetary threshold) is somewhere along the lines of $1,000 to $2,500. Say the monetary threshold between grand theft and petty theft is $2,500. This means that someone who steals property worth $2,499 commits petty theft, while someone who steals property worth $2,500 commits grand theft.
Valuing property. In many grand theft cases, determining the value of the stolen object is a key factor. A prosecutor must be able to prove that the stolen property exceeds the grand theft minimum for the accused to be convicted of grand theft. Value is determined through a variety of methods, such as determining the property's fair market value, the highest reasonable value, or the retail value.
Theft spree. In some theft crimes, multiple people work together to steal items, or a single person steals multiple items as part of the same theft. In some states, the law may consider all the property stolen from a single owner, a single location, or as part of a single criminal impulse as a group of items. In these states, the value of the individual items is added together to determine if the theft qualifies as grand theft. In other states, the value of multiple items cannot be grouped together if there are different victims or there was no unifying plan to steal.
Types of Property
Grand theft can also occur if a specific type of property is stolen, even if that property is not worth the minimum amount required for grand theft. The types of property that qualify as grand or felony theft differ between states, but typically include automobiles, firearms, and drugs.
What Are the Penalties for Grand Theft?
Grand theft carries felony-level penalties. State theft laws often provide for different degrees of severity of grand theft, with higher degrees representing more significant crimes and coming with more significant penalties. For example, a state may punish grand theft in the first degree as any theft of property valued at more than $100,000. Grand theft in the second degree, a less serious charge, might apply whenever the value of the property is between $50,000 and $100,000. Third-degree grand theft would apply when the property is worth anything above the minimum amount of $2,500 up to $50,000.
Jail or Prison
For felony convictions of grand theft, the penalties might range anywhere from a sentence of one to 20 years' prison time. A first-time offender whose crime comes in at just over the felony threshold might get probation instead of a prison sentence. Probation can include some jail time. But the repeat offender who steals a high-value item or from a vulnerable person (like an elderly adult) will likely be looking at prison time.
Fines and Restitution
Being convicted of grand theft can also result in having to pay a significant fine. Felony fines also have a wide range. A state might start felony fines at $5,000 and go up to or exceed $100,000.
Whenever you are convicted of stealing something, the courts will typically require you to pay restitution in addition to fines. Restitution is paid directly to the property owner (the victim), while a fine is paid to the state as a penalty. Restitution is usually equal to the value of the stolen property.
Community Service
If a defendant receives probation, a judge may require the defendant to complete community service hours. Judges can get creative here. Say someone steals a boat. The judge might make that person clean up a stretch of public beach.
What Are Defenses to Grand Theft Charges?
A defendant charged with grand theft might be able to raise one or more of the following defenses.
Mistaken identity. The defendant could argue, "It wasn't me." Depending on the circumstances, the defendant might have an alibi, or their defense attorney could argue the video surveillance isn't clear or the eyewitness was mistaken.
Consent. If the property owner gave permission for the defendant to take, hold, or use the item, no theft occurred. Misunderstandings often arise over the exact scope of permission, but proof that the defendant acted with the owner's consent would be a defense.
Mistake of fact. Another defense strategy might be that the defendant thought the item was theirs. If a defendant takes a coat believing it's theirs, the mistake of fact negates the criminal intent required to prove theft.
Lack of intent. A theft occurs when a person takes someone else's property with the intent of permanently depriving another of its possession. If a defendant didn't intend to keep the item permanently—such as a misunderstanding where they were just borrowing it—this lack of intent can serve as a strong defense against the charge.
Dispute property value. The defense can also dispute the prosecutor's valuation of the property. This strategy won't result in an acquittal, but it could reduce the charges to a petty theft.
Consult an Attorney
Being charged with grand theft is always a significant event even if you've never been in trouble with the law before. A conviction for a felony crime will make your life much more difficult even if you're not sentenced to a lengthy prison term. You should speak to an experienced criminal defense attorney or ask for a public defender whenever you are charged with grand theft.
