Legal Question in Criminal Law in California

Penal Code 487(a), grand theft, is a "wobbler" that can be charged as a felony, with a maximum of three years in prison, or a misdemeanor with a maximum of a year in jail.

There is no mandatory prison sentence. Even a person convicted of felony grand theft is eligible for probation (unless he has a prior strike conviction under the Three Strikes law that would make him ineligible).

California Penal Code 487 (a) does not have a mandatory jail or prison sentence and it can be charged as a felony or a misdemeanor. Such crimes are called "wobblers." The decision regarding the way it is charged really depends on a number of different factors such as the specific facts involving the crime being charged, the policy of that particular DA's office, the charging DA who first reviews the case and the background of the person being charged with the crime. Although it may start out as a felony charge through the negotiation process between the attorneys it may be dropped to a misdemeanor. Theft crimes are serious issues and they can effect the eligibility regarding certain types of employment. You should talk with an attorney regarding your specific situation.

Good luck

Brian McGinity