Grand Theft

                                                                                         

Grand Theft

Grand theft involves the theft of goods or services valued above $400 and may be charged as either a felony or a misdemeanor. A misdemeanor is punishable by imprisonment in the county jail for up to one year. A felony is punishable by imprisonment in the state prison. Generally, grand theft is usually punishable up to one year in the county jail or a maximum sentence of 16 months, 2, or 3 years in state prison.
If the theft of property is taken from the person of another, including from that person’s area of immediate control, then it is determined to be grand theft, regardless of the value of the property taken. For example, if a bag of groceries is taken from a shopping cart, while that shopping cart is being pushed by the victim, this is grand theft.
Where the grand theft involves services, and not property, the value of the services is determined by the contract price. If there was no contract, then the value of the services is determined by the fair going rate for those services in the area in which the theft occurred.
California Penal Code Section 487 defines the following examples of grand theft:

 Where the money, labor, or real or personal property taken is of a value exceeding $400, except as provided below.
 When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding $100. The value of the fruit is established by the wholesale value of the weight and variety on the day of the theft.
 When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aqua cultural products are taken from a commercial or research operation which is producing that product, of a value exceeding $100.
 Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates $400 or more in any 12 consecutive month period.
 When the property is taken from the person of another.
 When the property taken is any of the following animals: horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.
 A firearm.

About the author: Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a criminal defense law firm with six offices throughout California. The attorneys of the firm take pride in their constant continuing legal education and unparalleled one-on-one client service. Every attorney at the firm particpates in ten times the amount of education required by the state bar. In addition, the attorneys provide each client with a personal cell phone number, and they make themselves available to clients at all times. The attorneys of The Kavinoky Law Firm understand that there is only one case that matters to you: yours! They are dedicated to treating each client with personal service to en Article Source: http://www.Free-Articles-Zone.com