Grand Theft Person: California Penal Code 487(c) PC

Under California Penal Code 487(c) PC, "Grand Theft Person" refers to unlawfully taking money, labor, or personal property directly from another individual's physical body, clothing, or immediate possession.

Unlike typical grand theft charges that usually require the stolen property to be worth more than $950, Grand Theft Person applies regardless of the item's cash value.

For example, taking a $5 bill directly from someone's hand has the same legal significance under PC 487(c) as stealing a $2,000 designer watch.

If you are facing allegations of grand theft, the Esfandi Law Group can assist you.

Schedule a free consultation by calling (310) 274-6529 or through the contact form.

Quick Reference Summary Chart

Category	Key Details & Statutory Requirements
Legal Classification	"Wobbler" (Can be charged as a Misdemeanor or a Felony)
Value Threshold	None. Value is irrelevant if taken directly from the victim's person.
Core Distinction	Must be physically touching, held by, or attached to the victim's body/clothing.
Misdemeanor Penalties	• Up to 1 year in county jail • Fines up to $1,000 • Summary (informal) probation
Felony Penalties	• 16 months, 2 years, or 3 years in county jail/state prison • Fines up to $10,000 • Formal probation
Primary Defenses	• Property Not on the Person: The item was in the victim's vicinity, not on their body. • Lack of Specific Intent: Accidental movement, mistake, or a misunderstanding. • Claim of Right: Honest, good-faith belief that the property belonged to you.

What is California Penal Code 487(c) PC?

California Penal Code 487(c) PC is a specialized theft statute that aims to punish the increased invasion of personal space and the potential for physical confrontation that comes with stealing directly from a victim's person.

The Legal Meaning of "From the Person"

To qualify as theft under PC 487(c), the property must be physically attached to, held by, or carried by the victim at the precise moment the crime takes place.

• Included: Wallets inside pockets, smart devices in hands, a backpack slung over a shoulder, or a purse on the lap.

• Excluded: A phone left on a restaurant table with the owner sitting nearby, or a jacket draped over a chair's back, is still technically illegal under general theft laws, but it does not meet the specific statutory requirement of being "from the person."

Elements of the Crime: What the Prosecution Must Prove

To secure a conviction for Grand Theft Person under PC 487(c), a California prosecutor must demonstrate four key elements beyond a reasonable doubt.

1. Possession and Ownership

The defendant took possession of property that belonged to another person.

2. Lack of Consent

The defendant took the property without the owner's permission or consent.

3. Asportation (Movement)

The defendant moved the property—even a slight distance—and held it for some period of time, however brief.

4. Specific Intent

When taking the property, the defendant had the specific intent to permanently deprive the owner of its value or use, or to withhold it long enough to deprive the owner of a major portion of its value or enjoyment.

5. Taken "From the Person"

The property was physically on, attached to, or held by the victim—either in their body, clothing, or hands/arms—at the start of the theft.

Real-World Examples of PC 487(c) Violations

• Example 1 (Pickpocketing): A commuter waits on a crowded subway platform when a pickpocket discreetly slips their hand into the commuter's front pocket and takes a wallet with only $20 inside. Although the amount is small, this still constitutes an automatic violation of PC 487(c) since the item was taken directly from the victim's clothing.

• Example 2 (Purse Snatching Without Force): A person sits on a bench with the handles of their purse around their forearm. A thief jogs by, quickly sliding the purse off the person's arm without pushing or threatening them, then runs away. Since the purse was physically attached to the victim, this constitutes Grand Theft Person.

• Example 3 (Immediate Presence vs. From the Person): A shopper leaves their handbag in a shopping cart and walks a few feet away to pick up an item from a grocery shelf. A thief then steals the bag from the cart. This does not qualify as Grand Theft Person under PC 487(c) because the bag was not in contact with the shopper's body. If the contents are valued at $950 or less, it is charged as petty theft (PC 484).

How are PC 487(c) Grand Theft Person and PC 211 Robbery Different?

Under California law, Grand Theft Person (PC 487(c)) and Robbery (PC 211) both involve taking property directly from someone else, but they are different crimes distinguished mainly by whether force or fear is used.

Here is how the two charges differ:

1. The Core Difference: Force or Fear

• Robbery (PC 211): This is considered a violent crime, occurring when property is taken from someone's immediate control through force or intimidation, such as threats, physical violence, or fear.

• Grand Theft Person (PC 487(c)): This is a property crime that happens when someone takes property directly from a person's body, clothing, or immediate possession (such as a purse being held), without using force, fear, or threats.

2. Scenario Examples

To illustrate the difference:

• Grand Theft Person: A pickpocket discreetly extracts a wallet from someone's back pocket, with the victim unaware until afterward. Since no force or threats were employed to overpower the victim's resistance, this act qualifies as grand theft person.

• Robbery: When someone pushes another person to the ground to steal their wallet or brandishes a weapon and demands, "Give me your wallet," the use of physical force or intimidation raises the crime to robbery.

3. Legal Classifications and Consequences

Feature	Grand Theft Person (PC 487(c))	Robbery (PC 211)
Type of Offense	Theft / Property Crime	Violent Crime
California "Strike"	Generally, no (unless specific enhancements apply)	Yes, it is a felony strike under the Three Strikes Law
Charge Level	"Wobbler" (Can be charged as a misdemeanor or a felony)	Always a Felony

Penalties, Sentencing, and Consequences

In California, Grand Theft Person is considered a "wobbler" offense, allowing the district attorney to choose whether to charge it as a misdemeanor or a felony based on specific factors.

1. The defendant's prior criminal history.

2. The specific circumstances of the offense.

Misdemeanor Penalties

• Up to one (1) year in a California county jail.

• A maximum fine of $1,000.

• Summary (informal) probation.

Felony Penalties

• County jail or state prison terms of 16 months, 2 years, or 3 years.

• A maximum fine of $10,000.

• Formal (felony) probation, which includes mandatory supervision by a probation officer.

Common Legal Defenses Against PC 487(c) Charges

A qualified California criminal defense attorney can utilize several targeted strategies to challenge a Grand Theft Person charge:

Property Was Not "On the Person"

If the defense demonstrates that the item was removed from a nearby surface, furniture, or the floor instead of directly from the victim's body or clothing, the PC 487(c) charge will not be valid.

If the value of the property is under $950, this successfully reduces a felony-level wobbler down to a simple misdemeanor petty theft charge.

Lack of Intent (Accident or Mistake)

To be found guilty of theft, you need to have the intention to steal.

If you accidentally pick up someone else's item that looks the same as yours, or if you unintentionally entangle your belongings with someone after bumping into them, the necessary criminal intent is absent.

Claim of Right

In California, if you genuinely believed in good faith that the property was yours or that you had a legal right to possess it, this provides a complete defense against theft charges, even if your belief is incorrect.

False Accusations and Mistaken Identity

In crowded areas where pickpocketing happens often, victims frequently mistakenly identify a bystander as the thief because of close proximity, panic, or inadequate lighting.

Related California Offenses

Grand Theft Person charges are frequently accompanied by or altered to alternative property or personal offenses:

• Penal Code 211 PC (Robbery): Taking property from someone's person or immediate presence by force or threat, against their will. If violence, pushing, physical struggle, or intimidation occurs during a theft, the charge escalates from PC 487(c) to Robbery, which is a violent felony and a "strike" under California's Three Strikes Law.

• Penal Code 484 & 488 PC (Petty Theft): The unlawful taking of property valued at $950 or less, as long as it is not taken directly from a person, a firearm, or a vehicle.

• Penal Code 459.5 PC (Shoplifting): Entering an open commercial establishment during business hours with the intent to steal property valued at $950 or less.

Intentionally tampering with, damaging, or removing parts from someone else's vehicle without permission is illegal. This offense is governed by California Vehicle Code 10852 VC and is often called "tampering with a motor vehicle."

Frequently Asked Questions (FAQs)

If I steal an item worth $5 from someone's pocket, can I still face felony charges?

Yes. Under Penal Code 487(c), the value of the item is completely irrelevant. Because it was taken directly from another person's body, it is classified as grand theft and can be prosecuted as a felony.

Is Grand Theft Person considered a "Strike" under California law?

No. Unlike robbery, a conviction for Grand Theft Person under PC 487(c) is not legally considered a violent or serious felony. As a result, it does not count as a strike under California's Three Strikes Law.

Can a conviction under PC 487(c) impact my immigration status?

Yes. Immigration authorities often classify theft crimes as Crimes Involving Moral Turpitude (CIMT). A conviction for a theft, whether felony or misdemeanor, can result in serious immigration consequences for non-citizens, such as deportation or inadmissibility.

Speak with a California Property Crimes Defense Firm

If you or a loved one is facing investigations or active charges under California Penal Code 487(c) PC, swift legal representation is critical.

A conviction for grand theft can affect your freedom, financial stability, and long-term employment opportunities.

Consult an experienced California criminal defense lawyer at the Esfandi Law Group to explore your options, review the evidence against you, and safeguard your constitutional rights.