Real Estate Fraud >$950 | Penal Code § 487

Description

Grand Theft is when the money, labor or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950). Grand Theft also includes the activities of a person who converts real estate of the value of $250 or more into personal property by severance from the realty of another, and with felonious intent, steals, takes and carries away that property may be charged with Grand Theft or felony Real Estate Fraud.

What does the prosecutor have to prove?

1. Defendant converted real estate into personal property by severance from the realty of another.
2. The value of said real estate exceeded nine hundred fifty dollars ($950.00).
3. Defendant stole, took, and carried away such property with felonious intent to do so.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No