If you steal a car in California, you could face a grand theft auto (GTA) charge under Penal Code 487(d)(1) (PC), or the unlawful driving or taking of a vehicle, commonly known as “joyriding.” While grand theft auto is a better-known charge in auto theft cases, it is sometimes more difficult to prove because it requires the prosecutor to show that the defendant intended to permanently deprive the owner of their vehicle.
If you are facing a stolen vehicle charge in Vista or North County San Diego, attorney Peter M. Liss can help. He has over 40 years of experience fighting charges like these and knows how to choose the best defense strategy for each client.
What is Grand Theft Auto in California?
Grand theft auto is a specialized form of grand theft, the illegal taking of any property valued at more than $950. Because most vehicles are valued at more than $950, auto theft is not usually classified as petty theft, which involves taking property worth less than that amount.
To qualify as grand theft under 487(d)(1), prosecutors must prove:
- The defendant took a vehicle without the owner’s consent; and
- The car belonged to someone else; and
- The automobile was worth more than $950; and
- The defendant intended to permanently deprive the owner of their car.
Unlawful Driving or Taking of a Vehicle Vs. Grand Theft Auto
Though GTA is more widely recognized, San Diego prosecutors often pursue vehicle theft as a violation of Vehicle Code 10851 (VC) rather than grand theft auto, because intent to permanently deprive is often challenging to prove.
Learn more on our 10851 (VC) Joyriding page.
Is Grand Theft Auto a Felony?
As a form of grand theft, GTA is a wobbler, meaning it can be filed as a misdemeanor or a felony. “It’s been my experience that prosecutors in San Diego almost always file these charges as a felony,” says attorney Peter Liss.
However, if the vehicle was worth close to $1,000 and the defendant has no criminal history, a defense lawyer can sometimes convince the prosecutor to file the charge as a misdemeanor.
Grand Theft Auto Penalties
When charged as a misdemeanor, grand theft auto is punishable by up to one year in jail and $1,000 in fines. Those convicted of a misdemeanor may qualify for a diversion program that will allow them to keep the offense off their criminal record.
More commonly, the offense is a felony, with a maximum penalty of three years in prison and a fine of up to $10,000.
Probation may be granted in some cases, with summary probation for a misdemeanor lasting between one and three years, and formal probation for a felony lasting three years. A criminal conviction will also involve mandatory victim restitution payments, and the judge may also order defendants to reimburse the government for the cost of recovering the vehicle.
Vehicle Value Enhancements
When very valuable vehicles are stolen, this can add additional time to a sentence, specifically:
- One additional year for cars valued over $65,000
- Two additional years for cars valued at over $200,000
- Three additional years for cars valued at over $1.3 million
- Four additional years for cars valued at $3.2 million
To apply these enhancements, the prosecution must prove the vehicle’s fair market value at the time of the offense. Sometimes an attorney can have these enhancements dropped or reduced, especially if the value is close to the dividing line between enhancements.
Repeat Theft Offenders and Organized Vehicle Theft
Recent changes to California law have increased penalties for some repeat theft offenders. Defendants with prior theft-related convictions may face enhanced penalties or felony treatment in circumstances where a first-time offender would not.
Similarly, organizing or participating in an organized theft ring can result in additional penalties, particularly if the amount of stolen goods is $50,000 or more. The San Diego District Attorney and local police agencies have a multi-agency task force, the Regional Auto Theft Task Force (RATT), devoted to arresting and prosecuting offenders for these crimes. A conviction is punishable by up to three years.
Defenses to Grand Theft Auto Charges
You can fight these charges. Common defenses include:
- You had permission to use the vehicle.
- You did not intend to permanently deprive the owner of their vehicle.
- The vehicle is entirely or partly yours.
- You have been subjected to false allegations.
- You are the victim of mistaken identity.
- There is insufficient proof of your guilt.
- The police violated your rights through illegal search and seizure.
Your actions during the arrest process will have a dramatic effect on your defense options. Do not attempt to defend yourself to the police. Remain silent and request an attorney.
Can Grand Theft Auto Charges Be Reduced?
Yes. Plea bargains can help you reduce the severity of the charges and penalties. Some ways your attorney may be able to have the charges reduced include:
- Reducing a felony to a misdemeanor
- Dropping high-value enhancements
- Reducing the number of charges against you
- Having a judge or prosecutor set aside prior convictions for sentencing purposes
- Getting the charges reduced to petty theft if the vehicle value was near $950
- Arranging for you to participate in a diversion program to keep the charge off your record
Related Vehicle Theft Charges
It’s common for those charged with vehicle theft to face additional charges, including:
Unlawful Taking or Driving of a Vehicle: 10851 (VC)
The unlawful taking of a vehicle under this code is similar to grand theft auto in definition and penalties, but does not require intent to permanently deprive the owner of their automobile.
Receiving a Stolen Vehicle: 496(d) (PC)
When someone buys, receives, or conceals a vehicle and knows (or should know) it was stolen, they can be charged under this law.
Vehicle Burglary: 459 (PC)
Breaking into an unoccupied vehicle with the intent to commit theft or a felony is a wobbler offense, with a maximum penalty of three years in prison.
Carjacking: 215 (PC)
Stealing an occupied vehicle is a serious felony-level offense, punishable by up to nine years in prison —or 20 if a weapon was used.
Chop Shop Offenses: 10801 (VC)
While multiple offenses may target those who operate facilities that receive, dismantle, alter, or store stolen vehicles, the most common charge is 10801 (VC), which carries a maximum penalty of four years in prison and $50,000 in fines. Offenders may face separate penalties for recycling or reselling catalytic converters.
Possession of Burglary Tools: 466 (PC)
Being caught in possession of burglary tools with the intention to use them is punishable by up to six months in most cases.
What Should You Do After an Arrest?
If you are accused of vehicle theft, you can help protect your rights and keep your defense options open by doing the following:
- Provide documents: Give officers your license, registration, and insurance cards when requested.
- Remain silent: What you say can hurt you even if you’re trying to explain yourself, but do answer questions regarding your identity.
- Do not consent to a search: Refuse searches of your vehicle, bags, and electronics (especially cell phones).
- Call a lawyer: As soon as you get the chance.
- Don’t talk about the incident online or in texts: You don’t have to make a statement to the police for it to be used against you. If you have to talk to your friends about what happened, do it in person.
Call a GTA Attorney Today
If you’ve been accused of stealing a vehicle, you need an attorney you can trust to fight these serious charges. Lawyer Peter M. Liss has represented many clients accused of vehicle theft under 487(d)(1). He may be able to have some or all of the charges dropped or reduced. Please call (760) 643-4050 to schedule a free initial consultation to discuss your defense options.
Frequently Asked Questions About Auto Theft Charges
What Is Grand Theft Auto?
Grand theft auto is the taking of a vehicle worth more than $950 with the intent to permanently deprive the owner of their vehicle.
Is Grand Theft Auto a Felony in California?
GTA is a wobbler, meaning it can be filed as a misdemeanor or a felony. When charged as a felony, the maximum penalty is up to three years in prison.
Can I Be Charged if I Intended to Return the Vehicle?
You can be charged with joyriding, but GTA charges require the prosecution to prove that the defendant intended to permanently deprive the owner of their vehicle. This requirement is why prosecutors prefer to file joyriding charges.
What if I Thought I Had Permission to Use the Vehicle?
If you thought you had permission to drive a vehicle that belonged to someone else, this could be used as a defense against grand theft auto charges.
Is Grand Theft Auto a Strike?
Most vehicle theft charges are not strikes. However, if they involve the use of a weapon or taking an occupied vehicle, they may be.
Can a Grand Theft Auto Conviction Be Expunged?
Yes, in some cases. Contact a record expungement attorney to learn more.
Can You Be Charged if the Vehicle Was Recovered?
Yes. If you took the vehicle with the intent to permanently deprive the owner of their automobile, you can still be charged, regardless of whether the vehicle was recovered.
