Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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The definition of grand theft auto is to take someone else’s car, without permission and with the intent permanently or significantly to deprive the owner of it. The offense is a type of auto theft. In many states, it can be charged as a felony offense that carries more than a year in prison.
Grand theft auto, or GTA, is a type of auto theft. Some states call it by a different name, like:
In California, it is grand theft auto. It is prohibited by California Penal Code 487(d)(1). The criminal elements of the crime are:
The name comes from the fact that the stolen item is a car and from the two types of theft offenses that are recognized by criminal law:
Different states use different threshold amounts to distinguish between petty and grand theft. In California, the amount is $950.2
Stealing a car that is worth less than $950 in California would not be grand theft auto. Instead, it would be petty theft.
Joyriding is a different criminal act that does not require an intention to permanently or significantly deprive the owner of his or her vehicle. Instead, joyriding involves depriving the owner of his or her vehicle for any length of time.
For example, in California, joyriding is called the unlawful taking of a vehicle.3 The criminal elements are:
In some cases, defendants can face criminal charges for both grand theft auto and joyriding. These charges for separate crimes can stem from a single incident.
Carjacking is different in that it requires the use of force or threats to get the owner out of the car in order to steal the vehicle. Grand theft auto does not require force or the threat of it.
In California, carjacking is covered by Penal Code 215. The elements of the crime are:
Because carjacking is grand theft auto, plus the use of force or threats, many carjacking charges also come with charges for grand theft auto.
In many states, grand theft auto is a low-level felony offense that carries over a year in prison, a stint on probation, and fines.
In California, grand theft auto is a wobbler. It can be charged and prosecuted as either a misdemeanor or a felony. Law enforcement is supposed to consider the defendant’s criminal history and the circumstances of the offense in deciding which charge to file. However, California prosecutors, including those at the Los Angeles County District Attorney’s office, have a strong tendency towards filing felony charges.
If it is pursued as a felony and it would be a first-time offense for auto theft, a defendant could face:
If the defendant does have a prior conviction for an auto theft crime, though, the potential jail time for felony grand theft auto increases to 2, 3, or 4 years.7
If the case includes other charges, such as carjacking, joyriding, driving under the influence (DUI), or receiving stolen property, there would be additional penalties, as well. For example, if the charges include a count of carjacking, a conviction would be for a violent felony that would add a “strike” on the defendant’s criminal record under California’s three-strikes law.8
Criminal defense lawyers can raise several legal defenses to fight against a charge of grand theft auto. Some of the most common include:
For example: A valet brings Rob a car that looks exactly like his own. He drives away and only realizes that it is not his car when he gets home and finds things in the trunk that are not his. He immediately drives the car back to the valet.
Because of the significant penalties of a conviction, defendants should strongly consider calling a local law firm and getting the legal help of a criminal defense attorney to raise these defenses and fight the charge.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.