Grand Theft Auto

Prosecutors file grand theft auto charges when you take another person’s motor vehicle of a greater value than $950 without their permission, planning to deprive them of it. The offense is a wobbler, meaning the prosecutor can file misdemeanor or felony charges based on your case’s facts and criminal record. You can face charges under one of California's laws for a vehicle or auto theft: joyriding or grand theft auto. The basis of the prosecutor’s decision on your charges is the vehicle’s value and the time you intend to deny the motor vehicle's owner. The latter is more severe and can result in serious penalties upon conviction, including lengthy prison time and a hefty court fine.

In addition to prison time and court fines, a conviction for auto theft can have life-changing consequences. For example, the damaging criminal record a conviction leaves you with can impact various aspects of your life, including your professional and social lives. However, an aggressive defense from an experienced criminal lawyer can result in a favorable outcome for your case in Fresno. We could help you navigate the legal process and put up a solid legal defense against your charges at California Criminal Lawyer Group.

The Legal Meaning of Grand Theft Auto

Vehicle or auto theft is rampant in California. People steal vehicles for various reasons. Some steal with the intent to use the vehicle for a once-off need, while others steal vehicles to sell or keep for a long time. The police handle cases of stolen vehicles every day. The law strictly prohibits anyone caught or accused of operating a stolen vehicle. If you are suspected of stealing a vehicle, the prosecutor can file grand theft auto or joyride charges against you. The exact charge will depend on your reason for stealing a vehicle and the time you intend to keep it.

The law against auto theft is under PC 487(d)(1). The offense falls under the general grand theft offense. You violate this law when you take another person’s car whose value is $950 or more, intending to rob the owner of the car permanently. If the vehicle’s value is lower than $950, and you stole the vehicle for temporary use, the prosecutor will file joyriding charges under Vehicle Code 10851.

If the police arrest you for this offense, you will undergo a jury trial for the court to determine whether or not you should be convicted. But the district attorney must prove the facts of this offense beyond a reasonable doubt for that to happen. The facts of an offense constitute it. The facts of this offense are as follows:

• You took another person’s car.
• The vehicle’s value was more than $950.
• The owner did not permit you to possess their vehicle.
• Your intention during the offense was to rob the owner of the car permanently or to keep the vehicle for a significant time to deprive its owner of its value, use, and enjoyment.
• You moved and kept the vehicle over a substantial distance and for a considerable period.

Note that driving the vehicle, even for a short distance, is an element of this offense.

Auto theft can happen to any type of car, not just luxury and expensive ones. People who steal vehicles to sell their parts on the black market target even ordinary models. In that case, the vehicle’s worth during the offense matters.

Example: Sharon is financially strained. She has been taking care of her ailing mother for months, even after losing her job. Recently, she learned a quick way to make money—just what she needs to purchase her mother’s medication. Someone told her of a garage downtown where they buy vehicle spare parts at a reasonable price. The thought of stealing her neighbor’s vehicle and selling spare parts in that garage has not left her mind since.

If Sharon acts on her thoughts and steals or attempts to steal her neighbor’s vehicle, she will be guilty under this statute. The prosecutor can prove that Sharon intends to permanently deprive the vehicle’s owner of the motor vehicle by selling vehicle parts on the black market. Sharon is still guilty under this law even if she fails to steal the vehicle and sell its spare parts. What matters is that she took control of the vehicle and drove, even for a few meters.

The elements or facts of this offense constitute the legal meaning of all forms of auto theft under the law, including when you commit the offense through larceny. But the court can still find you guilty of violating this statute by doing the following:

• Persuading someone else to hand over possession of their motor vehicle to you through false pretenses (deceit or lies) or
• Tricking a person to allow you to possess their car.
• Taking another’s car using embezzlement means abusing their trust for you to assume ownership of their motor vehicle.

Example: When faced with a financial emergency, Jimmy asks his colleague, Sammy, for assistance. Sammy agrees to lend Jimmy some money, but on the condition that Jimmy allows Sam to use his sports car for a few days. A week passes without Sam returning Jimmy’s vehicle. When asked, he claims that he took Jimmy’s vehicle as payment for his money. Jimmy calls the police on Sammy for auto theft.

Sammy is guilty of committing this offense through false pretenses.

How Grand Theft Auto Differs from Joyriding

Grand theft auto and joyriding are closely related offenses. You commit a joyriding offense the same way you commit auto theft. The main difference is how you intend to use the stolen vehicle and for how long. Here are the elements that constitute a joyriding offense:

• You drove or took another person’s car without their authorization.
• You planned to rob the vehicle owner of its use and possession for some time.

While these elements are almost the same as those under this statute, this is the main thing that makes the two offenses different:

• Grand theft auto involves taking another’s vehicle with the intent to keep the vehicle forever or for an extended period to deprive its owner of the car’s value, use, and enjoyment.
• Joyriding entails taking another’s car without authorization to use for a short period, even a few minutes. Most people who commit joyriding or auto theft offenses use the hotwiring technique.

Example: George is too ashamed of his old car to drive it on a date with Christy. He decides to ‘borrow’ his boss’s fancy car to impress his date. He plans to return the vehicle immediately after the date ends, that is, after two hours or so. But his boss discovers his missing car and reports it to the police directly.

Even though George’s intention was not to deprive his boss of a fancy car forever, he took his car without permission and kept or rode it for some time. That makes him guilty of joyriding.

Another striking difference between the two offenses is this: you can violate the grand theft auto law even with the owner’s consent to use the car. Remember that you can be guilty of committing the offense through false pretense, fraud, or tricks. You can still face charges if you obtain a vehicle owner’s consent to use their vehicle through tricks, fraud, or false pretense. But joyriding charges do not count when you have the owner’s permission, regardless of how you obtain the consent.

Example: Erick lies to his boss that his child is seriously ill so that he can borrow his boss’s fancy car to show off to his friends. The boss agrees, although later on, he realizes that Erick tricked him. Erick’s boss cannot accuse him of joyriding since the boss permitted Erick to use his car. But if Erick kept the car for a long time, he could be guilty of auto theft under this statute.

Possible Penalties for a Vehicle Theft Conviction

Grand theft auto is a grand theft offense under Penalty Code 487. Thus, it has a similar punishment as grand theft. The offense is a wobbler, meaning the prosecutor can charge you with a felony or misdemeanor. The prosecutor’s decision depends on the case elements and criminal history.

Typically, district attorneys prosecute this offense as a felony because of how severe the offense is. If your charges are for a felony offense under PC 487(d)(1), you will likely receive the following penalties:

• Jail time for sixteen (16) months, two (2) years, or three (3) years.
• A maximum court fine of $10,000.
• Felony probation.

When you have a prior conviction for vehicle theft under Penalty Code 666.5, the judge can increase your jail sentence by up to four years.

Penalty Enhancement

If you steal a costly vehicle, the judge can give you an additional sentence to serve consecutively with the sentence you receive under PC 487(d)(1). Your penalty will increase as below:

• An additional year when you steal a vehicle valued at $65,000 or more.
• Two more years when the vehicle’s worth is more than $200,000.

Possible Penalties for a Joyriding Conviction

If the district attorney charges you with joyriding instead of auto theft, you can face misdemeanor or felony charges since joyriding, too, is a wobbler crime. But if you are a first offender, the prosecutor will file misdemeanor charges against you. The penalties you will likely receive upon conviction include the following:

• A maximum of one year in jail.
• Up to $5,000 in court fine.

But remember that since this is a wobbler offense, the prosecutor can file felony charges, depending on the circumstances of your case. If they do so and a jury trial finds you guilty, you could face the following penalties:

• Sixteen (16) months, two (2) or three (3) years in jail.
• Up to $10,000 in court fines.

Joyriding a particular vehicle, like a disabled placard car, a police car, an ambulance, or a fire engine, is treated more harshly than joyriding a regular vehicle. The judge will increase your penalties upon conviction under the following circumstances:

• If you took an ambulance while it was attending to an emergency.
• If you took a distinctively marked police car or fire engine while the vehicle was attending to an emergency.
• If the vehicle you took was modified to be used by disabled persons and had a clearly distinguishing license plate or placard clearly.

It is a felony offense to joyride any of those particular vehicles. If found guilty, the judge could sentence you to the following:

• Jail time for two to four years.
• A maximum of $10,000 in court fines.

Note: The increased penalties apply in your case if you knew or should have reasonably comprehended that the car was for a particular use.

Example: Josiah and Stacy decide to ride in a car they find parked next to an abandoned lot. They are attending a party at one of their friend’s houses and are running late. It later turns out that the car they ‘borrowed’ is an unmarked police vehicle. The police tracked down the vehicle, and the two youngsters were arrested.

Even though Josiah and Stacy are guilty of joyriding a police vehicle, which is a more serious offense, they had no way of knowing that the car belonged to the police force. In that case, they are not subject to an enhanced sentence under the law.

Enhanced Penalty for Prior Theft Convictions

You will receive an enhanced sentence for joyriding if there is a prior felony conviction for a theft-related offense on your record. Here are some prior convictions that can enhance your joyriding sentence:

• Previous felonies for joyriding.
• One or more felony convictions under PC 487(d)(1).
• One or more felonies for stealing a cargo of a value greater than $950, as under PC 487h.

When you have prior convictions, the prosecutor will file felony charges against you for joyriding. Your likely penalty during sentencing will be:

• Jail time for two to four years.
• A maximum of $10,000 in court fines.

Defending Yourself Against PC 487(d)(1) Charges

Charges for the unlawful taking of another person’s car without their consent are serious, as the consequences are life-changing. But you can fight your charges with the assistance of an aggressive criminal attorney. Your attorney can use powerful legal defense strategies to compel the judge to reduce or dismiss your charges. Here are examples of those strategies:

Your Intention Was Not to Steal

Auto theft is a theft-related offense. The district attorney must first demonstrate your intent to steal the vehicle and deprive its owner of its use and joy permanently or for a long time. But your attorney can defend your actions by explaining that your intention was not to steal the vehicle. Without intent, the prosecutor cannot prove your offense's elements beyond a reasonable doubt.

It is challenging for prosecutors to demonstrate criminal intent, as most cases require. Your defense can take advantage of that to weaken the prosecutor’s case.

But note that this will only apply if you face charges for grand theft auto. If the district attorney charges you with joyriding, they do not need to demonstrate your intent to take the vehicle away from its owner. You can face conviction for joyriding if you take someone else's vehicle, even for a few minutes.

You Believed You Had a Right to the Vehicle

You are not guilty of auto theft if you drive your vehicle. You can use this defense if you face accusations of stealing a vehicle you believe you have a right to. For example, if you bought a vehicle in partnership with another person or have the right to drive a particular vehicle in connection with your job. In that case, you cannot be accused of stealing the vehicle.

A skilled attorney will take time to investigate the case to understand your claim of right on the vehicle you face accusations of stealing. If indeed you had a right to use the vehicle, they would compel the judge to dismiss your charges.

Example: Joy’s ex-husband accuses her of auto theft for driving her car out of town. Her ex-husband bought the car for Joy while they were still married. Joy kept it after their legal separation. Here, Joy believes that the car belongs to her and that she can drive it anywhere. She is not guilty under the law.

You Had Obtained the Vehicle Owner’s Consent

You violate auto theft laws if you take another person’s car without their consent. If the vehicle owner permits you to drive their car, you can use that as a defense to compel the judge to dismiss your charges. But you must demonstrate this in court.

Remember that you can be guilty of auto theft for using tricks or fraud to obtain a vehicle owner’s consent to drive their car. The prosecutor can demonstrate that you took advantage of the owner’s goodwill or generosity to deprive them of the use and joy of their car. The judge will not be lenient with you if you go beyond the provisions of the owner's permission.

But this defense can still work if you face joyriding charges.  Remember that you are not guilty of joyriding if the vehicle owner allows you to drive their car. It will not matter whether you used fraud or tricks to obtain that consent.

You Are Falsely Accused

False accusations are common in severe cases like auto theft. People falsely accuse others for various reasons, including a desire for revenge, to gain an advantage over them, or to get even with them for something they did or failed to do. For example, an angry ex-partner can file a criminal charge against you for using a vehicle they bought for you while you were in the relationship.

A skilled criminal attorney will investigate your case to determine why someone filed false accusations against you. They will present their evidence and arguments in court to compel the judge to dismiss your charges.

Related Offenses

The law has several other offenses closely related to grand theft auto, which the prosecutor can charge with or in place of auto theft. They include the following:

Auto Burglary

According to PC 459, burglary occurs when you enter an enclosed space, like a car or building, intending to commit a felony offense or petty theft. Auto burglary involves entering another person’s car to commit theft or a felony.

The prosecutor can file charges for auto burglary and grand theft auto if you enter another person’s garage to steal a car. You will face burglary charges for entering their space and auto theft charges for stealing their vehicle.

Also, breaking into another’s vehicle can result in burglary charges if the prosecutor demonstrates that you intended to steal the vehicle. The charges will still hold even if you fail to steal it.

A burglary will result in felony charges, punishable by a maximum of three years in jail. The judge can give you a six-year sentence if you commit the offense in an inhabited space.

PC 215: Carjacking

Suppose the details of your case include taking another person’s car from their immediate presence using fear or physical force. In that case, the prosecutor can file charges for carjacking and grand theft auto. Carjacking is also a felony offense, punishable by a maximum of nine years in prison. Carjacking is also a violent felony, which makes it a strike according to the three-strike law.

Find a Competent Criminal Lawyer Near Me

Charges for stealing a vehicle are pretty severe, resulting in serious life-changing consequences, including jail time and a ruthless criminal record. Finding legal help right after your arrest for auto theft in Fresno is advisable for a more favorable outcome.

At California Criminal Lawyer Group, we offer legal guidance, protect your rights, and use the best fighting strategies against your charges. Our aggressive criminal attorneys will start working on your case immediately after your call. Our skills and experience could compel the judge to dismiss or reduce your charges. Call us at 559-712-8377 to start the legal process.