Grand theft person under California Penal Code 487(c) is the crime of taking property directly from someone’s body or physical possession, and it carries felony-level exposure no matter how little the property is worth. That makes it different from ordinary grand theft, which requires the property to exceed $950 in value.1California Legislative Information. California Code Penal Code 487 – Grand Theft Snatching a $10 bill out of someone’s hand can trigger the same statute as lifting an expensive watch off their wrist.
What the Prosecutor Has to Prove
California defines theft as taking someone else’s personal property through stealing, fraud, or false pretenses.2California Legislative Information. California Code PEN 484 – Theft Defined For a grand theft person conviction, four things have to be established: you took property belonging to someone else, you did it without their consent, you intended to keep it permanently, and the property was on or being carried by the victim at the moment you took it.1California Legislative Information. California Code Penal Code 487 – Grand Theft
The phrase “from the person of another” does most of the work in this statute. The item has to be on the victim’s body or physically connected to them. A phone in someone’s hand, a necklace being worn, a wallet in a back pocket, a backpack on a shoulder — all of that counts. A purse sitting on a park bench while its owner walks ten feet away doesn’t, even though taking it is still theft. That taking would only rise to grand theft if the property exceeded $950 in value under a different subdivision.
Intent is where cases get fought. The prosecution needs to show you meant to keep the property for good, not borrow it. Grabbing a friend’s phone and giving it back five minutes later doesn’t satisfy that requirement, however aggressive the grab looked.
How Proposition 47 Changed Low-Value Cases
Before 2014, any theft from a person was grand theft, no matter the dollar amount. Proposition 47 added Penal Code 490.2, which says any theft of property worth $950 or less “shall be considered petty theft” regardless of Section 487 or any other law defining grand theft.3California Legislative Information. California Code Penal Code 490.2
That “notwithstanding Section 487” language is broad enough on its face to cover subdivision (c), and California courts have wrestled with whether low-value theft-from-person cases now reduce to misdemeanor petty theft. In practice, if you pickpocket someone’s wallet containing $40, prosecutors in many counties will charge petty theft rather than grand theft person, though practices vary. Above $950, grand theft person under 487(c) applies without question.
Grand Theft Person Is Not Robbery
Robbery under Penal Code 211 also involves taking property from someone’s person or immediate presence. The difference is force or fear.4California Legislative Information. California Code PEN 211 – Robbery Threatening someone, shoving them, or intimidating them into handing over a wallet is robbery. Quietly slipping a phone out of someone’s pocket on a crowded train is grand theft person.
The line can be thin. A quick grab that involves any physical struggle gives prosecutors an argument for robbery. Pulling a purse strap off a shoulder can cross the line if the victim resists and you pull harder. Robbery is always a felony and carries much heavier sentences, so whether any resistance occurred during the taking often decides whether you face a few years or a decade.
Misdemeanor or Felony
Grand theft person is a “wobbler.” The district attorney chooses whether to file it as a misdemeanor or a felony.5California Legislative Information. California Code PEN 489 – Grand Theft Punishment Factors that push toward a felony include prior theft convictions, a vulnerable victim, a sophisticated scheme, and any physical contact during the taking. A first-time offender who swiped sunglasses off someone’s head is more likely to see a misdemeanor filing than someone with a record who targeted an elderly victim.
A felony filing isn’t the end of the road either. Under Penal Code 17(b), a judge can reduce a wobbler to a misdemeanor at sentencing or later. Defense attorneys often push for that reduction, or for a misdemeanor filing in the first place, based on character evidence, restitution already paid, and the specific circumstances of the offense.
Sentences and Fines
Misdemeanor
A misdemeanor conviction carries up to one year in county jail.5California Legislative Information. California Code PEN 489 – Grand Theft Punishment That one-year maximum is unusual — most California misdemeanors cap at six months, but grand theft even as a misdemeanor allows the longer sentence.6California Legislative Information. California Code PEN 19 – Misdemeanor Punishment Because PC 489 doesn’t specify a fine, the general misdemeanor fine cap of $1,000 under Penal Code 672 applies.7California Legislative Information. California Code PEN 672 – Fines for Offenses Without Prescribed Fine Judges often grant summary probation for first-time offenders in place of jail.
Felony
A felony conviction carries a sentencing triad of 16 months, two years, or three years.5California Legislative Information. California Code PEN 489 – Grand Theft Punishment Under criminal justice realignment, the time is usually served in county jail rather than state prison, because grand theft person is classified as a non-violent, non-serious felony.8Judicial Branch of California. Criminal Justice Realignment If you have a prior serious or violent felony or are a registered sex offender, the sentence is served in state prison.
Felony fines can reach $10,000.7California Legislative Information. California Code PEN 672 – Fines for Offenses Without Prescribed Fine Formal probation with regular check-ins is common. On top of any fine, the court must order restitution to cover the victim’s full economic losses, including the value of the property and any related expenses like medical costs or lost wages.9California Legislative Information. California Code PEN 1202.4 – Restitution
Defenses That Work
No Intent to Keep the Property
Because the statute requires an intent to permanently deprive, evidence that you meant to return the item can defeat the charge. This works best when the surrounding facts back it up: a short taking, an attempt to return it, or a genuine belief you were borrowing. Intoxication or mental impairment can also undermine the prosecution’s ability to prove intent, though these are harder arguments to sell.
Claim of Right
Under Penal Code 511, taking property openly under an honest belief that it belongs to you negates the intent to steal.10California Legislative Information. California Code PEN 511 – Defense of Claim of Title The belief doesn’t have to be reasonable, only genuine. Grabbing a phone that looked identical to yours is a viable claim of right. Taking someone’s property to settle a debt they owed you is much shakier.
The Property Wasn’t on the Victim
If the prosecution can’t prove the item was physically on or attached to the victim at the moment of the taking, the charge should drop to a lesser theft offense. Security footage and witness testimony carry the day here. A bag being held is grand theft person; a bag sitting on the bench next to its owner is not.
Consequences Beyond Sentencing
Firearms
A felony conviction for grand theft person triggers a lifetime ban on owning or possessing firearms under Penal Code 29800.11California Legislative Information. California Code Penal Code 29800 – Felons Prohibited From Possessing Firearms That ban survives expungement. Even after a dismissal under Penal Code 1203.4, the firearm prohibition stays in place.12California Legislative Information. California Code Penal Code 1203.4 – Dismissal After Probation
Immigration
Theft offenses are generally classified as crimes involving moral turpitude under federal immigration law, which can trigger deportation or inadmissibility. A narrow “petty offense exception” may apply if you have only one such conviction, the maximum possible sentence was one year or less, and the actual sentence was six months or less.13U.S. Department of State. 9 FAM 302.3 – Ineligibility Based on Criminal Activity A misdemeanor grand theft person conviction with a short sentence might qualify. A felony conviction almost certainly won’t, because the maximum sentence exceeds a year. If you’re a noncitizen, talk to an immigration attorney before accepting any plea.
Professional Licenses
A conviction, misdemeanor or felony, can put licenses in nursing, teaching, law, and real estate at risk. Licensing boards treat theft as a crime bearing on honesty. A conviction doesn’t disqualify you automatically, but boards weigh the severity, how much time has passed, and rehabilitation evidence. You typically have to disclose the conviction on license applications even after expungement.
Cleaning It Up: Expungement Under 1203.4
After you complete probation, you can petition under Penal Code 1203.4 to withdraw your plea and dismiss the case.12California Legislative Information. California Code Penal Code 1203.4 – Dismissal After Probation This works for both misdemeanor and felony convictions, and an unpaid restitution balance cannot be used to deny the petition.
The relief is meaningful but not total. A dismissed conviction still counts as a prior if you’re charged with a new offense. State professional license applications still require disclosure. And the felony firearm ban stays in effect. A 1203.4 dismissal helps, but it doesn’t erase the record.