Taking someone else's car without their permission can result in two sorts of charges. You could be charged with a grand theft auto crime under provisions of PC 487d (1). You could also violate California VC 10851, which outlaws joyriding. The prosecution will decide whether to pursue charges of joyriding or grand theft auto based on the duration you intended to keep the vehicle. If you wanted to retain the vehicle for a long time or permanently, you could face a conviction for grand theft auto offense. If you planned to take the vehicle for a short period and then return it to the owner, you could be charged with joyriding.
A grand theft auto offense can result in serious consequences, including hefty fines and serving jail time. If you are facing allegations of grand theft auto in Santa Ana, contact us at the California Criminal Lawyer Group for legal assistance. Our team of skilled criminal defense lawyers is dedicated to assisting people accused of grand theft auto in developing legal defenses.
Understanding Grand Theft Auto as per California Law
Grand theft auto is made up of various elements. When accused of grand theft auto (GTA), the prosecution must demonstrate these elements to convict you. According to California's PC 487d (1), the prosecution must show that you took another person's car without their consent. The prosecution must additionally show that the motor vehicle you took was worth more than $950.
Elements of the Crime
It should be apparent that the rightful owner was unaware and did not permit you to drive the vehicle. It's also important to consider why you're taking the motor vehicle. The prosecution must show that you meant to completely deprive the vehicle owner when you took it. It should be apparent that you meant to keep the automobile away from the owner for an extended period, depriving the owner of the motor vehicle's value and worth, as well as the opportunity to enjoy his or her vehicle.
For a defendant to face charges of grand theft auto, the prosecution must show that he or she drove the automobile for a particular distance, regardless of whether it was only a short distance. It should also be clear that you possessed the stolen car for a certain period, even if it's only for a short time. When most individuals hear about California grand theft auto, they usually think about the theft of high-end vehicles. However, expensive automobiles are often not the aim. A Toyota Prius, for instance, is a popular target for theft. This car has a thriving spare parts industry, which makes it an attractive target for thieves.
As per California law, the components of grand theft auto constitute the legal concept of grand theft auto. It's crucial to remember that you could perpetrate grand theft auto in a variety of ways. For example, if you use deception to persuade another individual to grant you ownership and/or control of their automobile, you could be charged with grand theft auto. You could also face charges of grand theft auto if you make use of tricks to try to persuade or convince another individual to permit you to have control of their automobile. You can also employ embezzlement to get possession or control of another person's automobile. In the event of embezzlement, you take advantage of another individual's trust by stealing her or his vehicle.
Grand Theft Auto vs. Taking a Vehicle Illegally
Joyriding, or the illegal seizing of a vehicle differs from the elements of grand theft auto. If you seize another individual's car and use it without their permission, you could be charged with illegal car taking. You ought to have meant to keep the automobile from the legitimate owner for some time when you took it.
The boundary between joyriding and grand theft auto is narrow, and most individuals misinterpret the two offenses. Charges for grand theft auto could apply if you meant to retain the automobile indefinitely or for a long period. The allegation of illegally taking an automobile could apply regardless of whether you just meant to drive the automobile for a short time, like an hour or a half-hour. Hot wiring is a common way of completing both joyriding and grand theft auto.
There's a difference between illegal joyriding and California grand theft auto since you could still face charges of grand theft even if the owner of the vehicle allowed you to use the automobile. However, if you got the authorization of the owner of the vehicle to use the car, you can't be charged with joyriding. Even if you got the consent/permission of the owner by fraud or deception, you would be charged with joyriding.
Consequences for California Grand Theft Auto
A grand theft auto crime is part of a larger set of grand theft regulations defined in PC 487. Grand theft auto bears the same consequences as a California grand theft offense. Since this is classified as a wobbler offense, the prosecution could pursue you with a felony or misdemeanor grand theft. The prosecutor has the discretion under the law to prosecute the crime as a felony or a misdemeanor. When deciding on charges, the prosecution could take into account several factors. The considerations involve your criminal background as well as the circumstances surrounding the incident. If you have a prior conviction, you're likely to face charges of felony grand theft. If you have no prior criminal record, you could face a misdemeanor grand theft.
However, in most situations, grand theft auto counts as a felony crime. The applicable punishments for the crime include incarceration in prison for sixteen months, 2 years, or 3 years. The courts would require you to settle substantial fines of no more than $10,000. In some cases, the court could impose both imprisonment and fines. If you've been convicted of grand theft before, you could face a longer sentence. You could be sentenced to an extra 2, 3, or 4 years in prison. Penalty enhancements are also applicable if you stole a high-value car. A further conviction will be imposed in addition to the applicable incarceration.
If the automobile is worth more than $65,000, you could be eligible for a 1-year sentence extension. If the crime involves an automobile worth more than $200,000, you could be sentenced to an extra two years in prison. It's rare to come across vehicles worth more than $200,000. However, certain grand theft auto crimes revolve around such vehicles.
Consequences for Taking a Vehicle Illegally
Illegally taking an automobile, like grand theft auto, is a wobbler that can result in felony or misdemeanor charges. Unlike a joyriding offense, most prosecutors treat a first-time crime of illegally taking an automobile as a misdemeanor. The penalty for a California misdemeanor includes serving one year in jail. A fine of up to $5,000 could also be imposed. The prosecution has the discretion of treating the illegal taking of a vehicle as a felony crime. If the prosecution charges the crime as a felony, the penalty could be 16 months, 2 years, or 3 years in a California jail. The courts could also impose a fine of up to $10,000 on the defendant.
The penalties of illegally taking a vehicle could be more severe if you took a disabled placard vehicle, an ambulance, or a law enforcement car. If you take an ambulance while it's on emergency duty, you would incur extra charges. The firefighting or law enforcement vehicle should be marked with the appropriate markings to reflect the motor vehicle's status. A car that has been modified for usage by a disabled person should carry a placard or a visible official/distinguishing license plate.
Taking any of the aforementioned automobiles illegally is likely to attract felony charges. The penalty for a felony crime of unauthorized use of a vehicle includes 2, 3, or 4 years in prison. The court could also order the defendant to pay a hefty fine of up to $10,000. The additional penalties would only be applicable if you knew that the vehicle you were driving was in one of the categories above. The consequences could also be applicable if the defendant should have known that the vehicle he or she was driving fit into one of the specified categories.
Felony penalties for illegally seizing an automobile could also apply if the defendant had one or more felony convictions of joyriding. If you do have a prior felony conviction for California grand theft offense, the charges for the unauthorized seizure of a vehicle could apply to you. On the other hand, if you have a prior conviction for unlawfully acquiring cargo worth $950 or more, you could face felony illegal seizure of vehicle charges. Also, having a prior criminal record for any of the listed offenses would attract felony charges of illegally taking a vehicle. You could face a hefty fine of up to $10,000 as a result of your actions. In addition, you could be sentenced to 2, 3, or 4 years in a California jail.
Common Legal Defenses for Grand Theft Auto
You can challenge grand theft allegations with the assistance of a skilled criminal lawyer. California's grand theft auto and illegal seizure of a vehicle crime are harsh, and the consequences are severe. Your criminal lawyer could be able to persuade the prosecution to reduce the charges to something less serious. The following are some of the most common legal defenses:
You Had No Intention
For grand theft auto charges to hold, you must have intended to use or take the car from the rightful owner indefinitely or for an extended length of time. As a result, with the assistance of a lawyer, you can demonstrate that you did not intend to steal or withhold the automobile from the rightful owner. The motive to deprive or deny an automobile owner of the car is a critical element in defining California's grand theft auto crime.
However, in the offense of illegally taking a vehicle, the argument of lacking an intention could not apply. Unlike California grand theft auto, which necessitates the presence of intent, the offense of illegal seizure of an automobile does not necessitate evidence of intent.
You Thought the Car Was Yours
A claim of right is a popular legal defense in California grand theft prosecutions. If the automobile you were driving was yours, you would not be charged with illegal seizure of an automobile or California grand theft auto. Furthermore, if you believed the car in question belonged to you, grand theft or illegal taking of car penalties would not apply. As a result, your attorney will be able to demonstrate that you had a good conscience to believe that you were the legitimate owner of the car.
You Had Permission from the Owner
You can challenge a grand theft auto allegation if you can show that you obtained the owner's approval or authority to use the automobile. However, if you obtained the authorization of the car owner through deception, trickery, or lies the owner's consent argument would not stand in grand theft allegations. The owner of the vehicle could have already granted you permission to use/have her or his vehicle. However, if a defendant fails to return the car within the agreed-upon timeframe, he or she would not be eligible to claim that they got the owner's permission to use it. The usage of the automobile must be within the agreed-upon extent of the automobile owner's consent for this argument to hold.
You Have Been Falsely Accused
A defendant could challenge a grand theft auto allegation by arguing that he/she was wrongly accused and that he/she did not perpetrate the offense of grand theft auto. It's common for individuals to falsely blame others for offenses such as California grand theft auto and joyriding. For example, your spouse could have permitted you to use her or his vehicle. After an argument, your partner could claim that you illegally took a vehicle or stole it from her/him. You could have unlawfully taken a vehicle with your friend, only for him or her to falsely accuse you. A professional criminal defense lawyer will compile all of the evidence and facts in your case. A lawyer will go to great lengths to verify that you are not facing false allegations.
Offenses Related to California Grand Theft Auto
Some crimes under the legislation, such as California grand theft auto and illegal taking of a vehicle, are tightly linked. Some examples of related crimes are:
Carjacking
According to provisions of PC 215, taking another individual's vehicle could result in carjacking charges. If you seize another individual's car without their permission, you will be charged with carjacking. You would have taken the automobile from the legitimate owner through coercion or force.
The prosecution charges a carjacking crime as a felony. The offense carries a sentence of incarceration in state prison. The sentence term can be 3, 5, or 9 years in prison. In addition to felony penalties for carjacking, the offender could earn a strike on his or her criminal record. When you perpetuate a violent California felony, you're likely to get a strike under the Three Strikes law. Carjacking is classified as a violent felony crime.
Burglary or Auto Burglary
If you enter an enclosure or a premise with the intent to perpetrate petty theft, theft, or a felony crime while inside, you could be charged with California burglary as per the provisions of PC 459. Auto burglary charges are similar to California burglary. However, they would be applicable if you entered an automobile rather than an establishment intending to steal.
You could break into another person's garage to get away with a vehicle. You get into the car but are unsuccessful in stealing it. Even if you are unsuccessful in taking the automobile, you would face charges of auto burglary. If you successfully break into the automobile and steal it from the owner's garage, you could be charged with both auto burglary and grand theft auto. Breaking into the vehicle will result in auto burglary charges, and stealing or driving the vehicle will result in grand theft charges.
California law classifies a burglary offense as a felony. The crime could lead to a jail sentence of sixteen months, 2 years, or 3 years. Burglary can result in a term of imprisonment of no more than 6 years. The extended prison sentence would apply if the burglary is committed in an inhabited structure.
Petty Theft
If you stole a vehicle valued at $950 or less, you could face California petty theft charges. Grand theft charges mostly apply when the valuation of the motor vehicle exceeds $950. A petty theft charge would apply if the car in question is worth less than $950. However, if you've had a previous sex crime conviction that mandates you to register as a sex offender under California's sex offender act, you could face more severe penalties than a petty theft crime.
If you've been convicted of a felony offense before, like sexual crimes, murder, child molestation, or rape, your charges could be enhanced. Petty theft is considered a misdemeanor if the prosecution charges the defendant with stealing a car worth less than $950. A misdemeanor crime can lead to a jail sentence of no more than 6 months in state jail. You could also face a hefty fine of no more than $1,000.
It's worth noting that, before the implementation of Proposition 47, every car theft lawsuit is classified as grand theft. The value of the vehicle taken is not emphasized by the legislation. As a result, even if the vehicle is valued at less than $950, the perpetrators would face charges of grand theft.
If a defendant got a felony guilty verdict, yet the car he or she stole was valued at less than $950, he/she could appeal the ruling. You have the right to appeal under Proposition 47, which was passed by California voters.
Accepting/Receiving Stolen Property
Receiving stolen property is an offense as stipulated in California PC 496. If you're aware that the property was stolen and you proceed to receive, buy, sell, conceal or retain the stolen property, you could face prosecution. You can't be charged with both Receiving Stolen Property and California grand theft auto as per the law. At any given time, you could only be charged with one offense.
However, if you are charged with illegally taking a car or joyriding, you could face prosecution for both offenses at the same time. If you accept a stolen automobile, you will be charged under PC 496 for accepting it, to begin with. You could also be charged with joyriding if you drive the car without the permission of its legitimate owner.
Stolen property refers to any item or property that has been obtained through petty theft, grand theft auto, or California grand theft. Receiving stolen property is a wobbler crime that can result in either a misdemeanor or a felony sentence. In most circumstances, if the valuation of the property in question is less than $950, you could be charged with a misdemeanor offense.
Contact A Criminal Attorney Near Me
Grand theft auto is a serious crime under the provisions of California law. Given that the consequences are severe, it is critical to get legal representation and assistance whenever you're facing such allegations. If you or someone you know is facing charges of grand theft auto, our professionals at the California Criminal Lawyer Group are available to help.
We have successfully handled several grand theft auto defense cases in Santa Ana, and are ready to assist you in your time of need. Our lawyers are well-versed in California's grand theft auto laws. We will look into your case and assist you in developing an effective defense strategy. Call us at 714-844-4151 to talk with one of our skilled defense lawyers right away.
