San Diego Grand Theft Defense Lawyer

Are you facing grand theft charges in San Diego? Looking for a San Diego grand theft defense lawyer?

The stakes are high, but you don't have to face them alone. At Law Office of Marc S. Kohnen, we build defense strategies designed to protect your rights and your future. Grand theft charges cover a wide range of conduct — from a disputed loss-prevention stop, to an accusation of embezzlement by an employer, to an allegation that a business deal was actually a fraud. Whatever the accusation, the earlier a defense lawyer gets involved, the more options are usually on the table.

Understanding Grand Theft Charges in San Diego

What Is Grand Theft?

Grand theft, defined by California Penal Code section 487, is the unlawful taking of money, labor, or property belonging to someone else when the value taken exceeds $950. Anything at or below that threshold is generally petty theft, a misdemeanor with far lighter penalties. The $950 line comes from Proposition 47, the 2014 ballot initiative that raised the threshold and reclassified many lower-value theft offenses as misdemeanors.

The statute also identifies categories of theft historically treated as grand theft without regard to a strict dollar figure: theft of property taken directly from the person of another (Penal Code 487(c)), and theft of an automobile or a firearm (Penal Code 487(d)). Proposition 47 changed how some of these categories work in practice — under Penal Code 490.2, most thefts of property worth $950 or less are now treated as petty theft even if another statute would have labeled them grand theft, unless the person charged has certain serious prior convictions. Firearms are the exception: Penal Code 490.2 expressly does not apply to theft of a firearm, so stealing a gun is grand theft regardless of its value, is punishable as a felony by 16 months, two, or three years in state prison, and counts as a serious felony — a strike — under California law. How these rules apply to a vehicle or from-the-person case depends on the facts, the value, and the client's record.

Grand theft is generally a "wobbler" offense, meaning prosecutors can file it as either a misdemeanor or a felony — a charging decision that drives the potential sentence, the collateral consequences, and the negotiating landscape. If convicted, you may face jail time, fines, victim restitution, and a criminal record that follows you into job applications, housing searches, and licensing reviews.

The Four Theories of Theft Under California Law

California consolidated its historical theft crimes into a single offense of "theft," defined in Penal Code 484 — but the prosecution still has to prove the case under one of the traditional theories, each with its own elements. Identifying which theory the district attorney is relying on is often the first step in building a defense.

Grand Theft by Larceny

Larceny is the classic form of theft: physically taking and carrying away someone else's property without consent. The prosecution must generally prove:

• The defendant took possession of property owned by someone else, without the owner's consent.
• The defendant moved the property, even a short distance, and kept it for any period of time, however brief.
• When the defendant took the property, he or she intended to deprive the owner of it permanently, or for long enough to deprive the owner of a major portion of its value or enjoyment.

Shoplifting-style cases and thefts of equipment or merchandise are commonly charged under a larceny theory. Intent is frequently the battleground: taking property by mistake, or intending only a brief borrowing, is not larceny.

Grand Theft by False Pretenses

Theft by false pretenses occurs when a person deliberately deceives someone with a false statement or representation, intending to persuade the owner to hand over ownership of money or property, and the owner relies on that deception in transferring it. These cases often grow out of failed business deals, investment disputes, or sales gone wrong.

California law builds in an extra safeguard for defendants here: because the line between a broken promise and a criminal lie can be thin, the false pretense generally must be corroborated — for example, by a writing or supporting witness testimony — before a conviction can stand. A civil dispute dressed up as a criminal case is a recurring theme in this area, and a defense worth exploring early.

Grand Theft by Trick

Theft by trick is closely related to false pretenses, with one key distinction: in a trick case, the owner is deceived into handing over possession of the property but never intends to transfer ownership, while in a false pretenses case the owner is deceived into transferring title itself. The distinction sounds technical, but charging the wrong theory, or failing to prove the one charged, can be grounds for challenging the case.

Grand Theft by Embezzlement

Embezzlement, defined in Penal Code 503, is the fraudulent appropriation of property by a person to whom it was entrusted. Unlike larceny, the initial possession is lawful — an employee handling company funds, a bookkeeper with account access, a caregiver managing a client's finances. The crime occurs when the person converts that property for personal benefit with the intent to deprive the owner of it, even temporarily.

Employee embezzlement cases carry a special aggregation rule: under Penal Code 487(b)(3), a series of takings by an employee or agent from a single employer can be added together over any twelve-month period, combining many small transactions into a single grand theft charge once they collectively reach $950 or more. Employers and their auditors often assemble these cases over months before law enforcement is involved, which makes early defense investigation — and an independent look at the accounting — especially important.

Grand Theft Auto vs. Unlawful Taking of a Vehicle

Vehicle theft allegations can be charged two different ways, and the difference matters. Grand theft auto under Penal Code 487(d)(1) requires proof that the defendant intended to permanently deprive the owner of the vehicle — the same intent element as any other theft. Unlawful taking or driving of a vehicle under Vehicle Code 10851, sometimes described as "joyriding," is satisfied by an intent to deprive the owner of possession even temporarily, so prosecutors sometimes charge it when they cannot prove an intent to steal.

Both offenses are wobblers, and the interplay between them — including how Proposition 47's $950 threshold applies to lower-value vehicles — has been the subject of significant appellate litigation. The charging choice, the vehicle's value, and the client's prior record all shape whether a vehicle case can be kept at, or reduced to, the misdemeanor level.

Penalties for Grand Theft in California

Because grand theft is a wobbler, the sentencing exposure depends first on how the case is filed:

• Misdemeanor grand theft: up to one year in county jail, plus fines, probation, and restitution.
• Felony grand theft: a sentencing range of 16 months, two years, or three years, generally served in county jail under Penal Code 1170(h) rather than state prison for most defendants.

Even when a felony is filed, the fight is not over. Penal Code 17(b) allows the court to reduce a wobbler felony to a misdemeanor — at preliminary hearing, at sentencing when probation is granted, or later by motion. A well-supported 17(b) motion, backed by mitigation and restitution progress, is one of the most valuable tools in a grand theft case, because a misdemeanor carries dramatically lighter long-term consequences than a felony.

Prosecutors also have tools that can increase exposure. Multiple takings from the same victim, committed pursuant to one overall plan or scheme, can be aggregated into a single grand theft count — allowing a string of small transactions to be charged as one large theft. In high-loss fraud and embezzlement cases, Penal Code 186.11 — the aggravated white-collar crime enhancement — can add substantial additional custody time and asset freezes where a pattern of felony fraud or embezzlement involves losses above statutory thresholds in the hundreds of thousands of dollars. Certain theft offenses, such as grand theft of a firearm, can also carry more serious classifications under California's sentencing laws.

Restitution and Civil Compromise

Restitution runs through every theft case. Under Penal Code 1202.4, a person convicted of theft will ordinarily be ordered to pay the victim's economic losses. But restitution is also a negotiating reality: a defendant's demonstrated willingness and ability to make the victim whole often affects how prosecutors evaluate the case, what charge they will accept, and what sentence they will recommend.

In some misdemeanor theft cases, California's civil compromise statutes (Penal Code 1377 and 1378) allow dismissal when the victim has been fully compensated and acknowledges satisfaction, subject to the court's discretion. Civil compromise is not available in every case and is never automatic, but where it applies it can end a prosecution entirely. Whether and how to pay restitution early, and whether civil compromise is realistic, are decisions to make with counsel — never in a way that could be construed as an admission.

Collateral Consequences: Immigration and Professional Licenses

For many clients, the sentence is not the biggest risk — the conviction itself is. Theft offenses are generally regarded as crimes involving moral turpitude, a characterization that carries serious weight in two areas.

For non-citizens, a theft conviction can trigger immigration consequences ranging from inadmissibility to removal proceedings, depending on the offense, the sentence, and the person's immigration history. The structure of a plea — the code section, the factual basis, the sentence — can make the difference between a manageable outcome and a devastating one, so immigration exposure must be accounted for before agreeing to anything.

For licensed professionals — nurses, real estate agents, contractors, financial professionals, and others — a theft conviction typically must be reported to the licensing board and can result in discipline up to revocation, because boards treat dishonesty offenses as bearing directly on fitness to practice. Here too, how the case resolves matters: a reduced charge, a diversion outcome, or a dismissal can dramatically change what a board sees.

How Grand Theft Cases Resolve in San Diego Courts

No two cases follow the same path, but grand theft prosecutions in San Diego County tend to resolve in a handful of ways. Some are reduced to petty theft or another misdemeanor when the valuation is challenged or the evidence of intent is weak. Some first-time, lower-loss cases may be candidates for diversion or other alternative resolutions, where eligibility rules are met and the court and prosecution agree — outcomes that can end with no conviction at all. Some resolve through negotiated pleas paired with restitution and a plan for a later 17(b) reduction and record relief. And some should be fought — at preliminary hearing, through motions, or at trial — because the prosecution's theory does not hold up.

Which path is right depends on the evidence, the loss amount, the client's record, and the client's priorities. The one constant: early, thorough defense work expands the options; waiting narrows them.

Defense Strategies for Grand Theft Cases

At Law Office of Marc S. Kohnen, we tailor every defense to the unique facts of the case. Depending on the evidence, potential defenses may include:

Lack of Intent

Every theft theory requires proof of a specific intent to deprive the owner of the property. If the evidence shows a mistake, a misunderstanding, an intent to return the property, or a legitimate business dispute rather than a plan to steal, a critical element of the charge fails. In embezzlement and false pretenses cases especially, the line between a civil breach and a crime often comes down to intent.

Claim of Right

California recognizes a claim-of-right defense: a person who takes property under a good-faith belief that he or she owns it, or has a right to it, does not have the intent to steal — even if that belief turns out to be mistaken. This defense arises frequently in disputes between former business partners, family members, and ex-spouses. Its boundaries are fact-specific, and whether it applies is something counsel should evaluate carefully.

Consent

If the property owner consented to the taking or use of the property — a loan, a gift, an authorized transaction later regretted — there is no theft. Consent disputes are common where relationships have broken down and one side recasts an earlier arrangement as a crime.

Mistaken Identity and Insufficient Evidence

Theft cases frequently rest on grainy surveillance footage, shaky identifications, or circumstantial inference about who took what. We investigate independently — witnesses, records, video, and digital evidence — to expose weak identifications and gaps in the prosecution's proof.

Property Value Disputes

The $950 threshold makes valuation a genuine battleground. Prosecutors often rely on retail price, replacement cost, or a victim's own estimate; the law looks to fair market value, and the difference can move a case from felony grand theft to misdemeanor petty theft. Independent appraisal and cross-examination on valuation are often among the most productive defense avenues.

Why Choose Marc S. Kohnen?

Marc S. Kohnen has a deep understanding of the California legal system, courtroom procedures, and the tactics used by law enforcement and prosecutors. Known for his personalized approach and relentless advocacy, Marc has represented many individuals facing grand theft charges in San Diego County's courts.

Our Commitment

• Experience: More than a decade of criminal defense practice in San Diego.
• Compassion: We treat every client with respect and prioritize their well-being.
• Preparation: Every case is investigated and prepared as if it will be fought.

Grand Theft FAQs

Is grand theft always a felony in California?

No. Grand theft is a wobbler: the district attorney can file it as either a misdemeanor or a felony, and a felony filing can later be reduced to a misdemeanor under Penal Code 17(b). The filing decision typically turns on the loss amount, the alleged conduct, the defendant's record, and restitution — and a defense lawyer can influence it, sometimes before charges are even filed.

Can a grand theft charge be reduced to petty theft?

Often, yes — when the facts support it. If the property's fair market value is genuinely at or below $950, the offense is petty theft, not grand theft, and valuation disputes, weak aggregation theories, and negotiation can all move a case below the threshold. Even where the value clearly exceeds $950, negotiated reductions to misdemeanors are a common resolution in appropriate cases.

Will I have to pay the money back?

If convicted, you will ordinarily be ordered to pay victim restitution for economic losses. But restitution is also a tool: voluntary repayment, properly structured through counsel, can support a charge reduction, diversion, or in some misdemeanor cases a civil compromise dismissal. Do not contact the alleged victim or offer payment on your own — anything you say can be used against you.

How will a theft conviction affect my immigration status or professional license?

Theft offenses are generally treated as crimes involving moral turpitude, which can carry significant immigration consequences for non-citizens and disciplinary consequences for licensed professionals. The specific outcome depends on the conviction, the sentence, and your history — which is why collateral consequences must be analyzed before any plea is entered, not after.

Take Control of Your Future

If you've been charged with grand theft, time is of the essence. The sooner you involve a skilled San Diego grand theft defense lawyer, the stronger your position — evidence can be preserved, charging decisions influenced, and options like reduction, diversion, and civil compromise kept open.

Call Law Office of Marc S. Kohnen today to schedule your confidential consultation. Let us help you take the first step toward protecting your rights and restoring your peace of mind.