California Criminal Defense Blog

Penal Code 487 grand theft in California can be accomplished in four ways. There’s grand theft by larceny, trick and false pretense. There’s also grand theft by embezzlement.

In a recent case out of Santa Barbara, a civilian member of the police department has been accused of grand theft by embezzlement for allegedly diverting over $100,000 in parking ticket revenues.

Grand theft by embezzlement occurs when someone unlawfully takes property entrusted to that person, so long as the property is valued above $950. Because embezzlement involves a violation of trust, we often see it in an employment context.

To convict someone of violating Penal Code 487 grand theft in California, by way of embezzlement, the prosecutor must prove that the defendant intended to steal the property and that a relationship of trust existed between the defendant and victim. If the alleged embezzlement took place on more than one occasion, the prosecutor can charge the defendant with multiple counts of grand theft (although the defense can argue that the conduct was part of a single “plan.”)

Felony grand theft is punishable by up to three years in state prison. If the amount stolen exceeds $65,000, an additional year can be added to that sentence.

Actress Lindsey Lohan just can’t seem to stay out of the spotlight…or out of trouble. She appeared at the Los Angeles “Airport” Court yesterday for her arraignment that stems from an incident in January where she allegedly stole a $2,500 necklace from a Venice jewelry store. Although Lohan claims that she only “borrowed” the necklace from the boutique and that her stylist should have returned it, the boutique owner is disputing this claim. As a result, she was charged with violating California’s grand theft law and pled “not guilty” to the charge.

The judge set bail at $40,000, which Lohan posted about an hour after the proceeding. He warned her that if she breaks the law again, he will send her to jail without setting bail.

This grand theft charge comes while Lohan is still on probation for her 2007 DUI and just weeks following her release from rehab. If convicted, she faces up to three years in prison on the theft charge. She will also face a probation violation. And for that…according to the judge who is overseeing that case…she could face an additional six months.