Are grand theft charges always classified a felony in the State of California? 11 Answers as of May 30, 2013

I was convicted of a grand theft of personal property in 2005. I just wanted to know if that is always a felony conviction.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Grand theft can either be a felony or a misdemeanor. Also be aware that the amount level for this offense has changed over the years. It is now $950 so if you were convicted at an earlier time you may have a meritorious thought not guaranteed motion to reduce your conviction.
Answer Applies to: California
Replied: 1/30/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
No, this charge can be reduced to a misdemeanor and evenexpunged upon completion of probation AND not having any othercriminal problems up until you seek this relief. Your attorney or Public Defender can do this for you.
Answer Applies to: California
Replied: 1/27/2012
LynchLaw
LynchLaw | Michael Thomas Lynch
A violation of Penal Code 487 Grand Theft is considered a wobbler. It can be charged as either a misdemeanor or a felony. Regardless of how your matter was charged you should petition the court to have it expunged, or reduced and expunged.
Answer Applies to: California
Replied: 1/26/2012
Hammerschmidt Broughton Law
Hammerschmidt Broughton Law | Mark A. Broughton
Not always. Sometimes it can be a misdemeanor. It depends on the finding of the court at the time of conviction - in other words, it will say whether or not it was a felony or misdemeanor. I assume you are off probation. You can make a motion to "expunge" your record under Penal Code section 1203.4.
Answer Applies to: California
Replied: 1/26/2012
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
No. It is considered a "wobbler". It can be filed as a felony or a misdemeanor at the discretion of the DA. You can probably get it reduced if you did not violate probation. If you have not violated, file a 1203.4 form. That could also result in a dismissal.
Answer Applies to: California
Replied: 1/26/2012
    Attorney at Law | Dorinda Ohnstad
    Grand theft is referred to as a wobbler offense. It can be charged as either a misdemeanor or a felony. To know which yours was you would have to look at the court's minute order (you can obtain from the criminal clerk). However, as a wobbler it would be easy to bring a 17(b) motion to reduce to a misdemeanor then expunge with a 1203.4 motion if sufficient time has gone by since the conviction.
    Answer Applies to: California
    Replied: 1/26/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No. PC 487 is a wobbler. It can be charged/sentenced as a misdemeanor or felony. If you're given probation, it can be reduced to a misdemeanor and dismissed pursuant to PC 1203.4 (expunged).
    Answer Applies to: California
    Replied: 1/26/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    That depends on what is was charged as. A grand theft can be charged as a misdemeanor OR a felony. If it was filed as a felony, and you were convicted of it as a felony, then yes, it will always be a felony on your record. However, it may be possible to have it reduced to a misdemeanor after the fact, and expunged. On the other hand, if you were convicted of grand theft as a misdemeanor, then it will remain a misdemeanor and cannot be "upgraded" after the fact. If you are interested in trying to have it reduced (if convicted of a felony), you should speak with some local attorneys to have them explain the process to you and likelihood of success.
    Answer Applies to: California
    Replied: 1/26/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    No. It is frequently charged as a misdemeanor, even if the dollar amount is higher than the threshold between a felony, and a misdemeanor, which is currently $950.
    Answer Applies to: California
    Replied: 1/26/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Grand theft is a "wobbler" - it can be either a felony or a misdemeanor. It can be charged as either by the prosecutor. What you were convicted of matters. You may be able to reduce it now and get it dismissed. Discuss your options with a local criminal defense attorney.
    Answer Applies to: California
    Replied: 1/26/2012
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