Grand theft auto is defined as someone other than the owner taking a car without permission and intends to permanently keep it and deprive the owner of its access or use. This offense is mainly a felony, but defendants charged with grand theft auto can sometimes face misdemeanor charges under California law. In either case, this is considered a serious crime, and its penalties include hefty fines and lengthy imprisonment. If you are facing grand theft auto charges, our experienced attorneys at Riverside Criminal Defense Attorney Law Firm are online, ready to answer all your questions and walk you through the whole process. We offer our exceptional services 24/7 to our clients in Riverside.

What is Grand Theft Auto?

Grand theft auto, which most people commonly refer to as GTA, is prohibited under California PC 487(d) (1). For you to be convicted under this statute, there are several elements that the prosecutor must prove beyond a reasonable doubt. These elements include:

  • You took another person’s car
  • The car’s worth exceeded $950
  • The owner had not permitted you to take the car
  • When taking the vehicle, your intent was to either:
  • Permanently deny the owner its access
  • Keep away from the owner for a long time so that the owner would feel that they have been denied the right to enjoy or use it.
  • Move the vehicle to a different location (however short) and keep it there for some time (regardless of the amount of time you have owned it)

Note that stealing a car whose worth does not exceed $95 is considered petty theft and not a grand theft auto under California law.

These elements describe the legal definition of grand theft auto by larceny, a form of grand theft auto. The following acts can also lead to a conviction of grand theft auto:

  • Using deceit or lies to convince a person to grant you their car’s ownership
  • Using tricks to convince a person to let you take their car’s possession
  • Using your authoritative power to take another person’s car

Below are the legal definitions of the above elements:

Grand Theft Auto by False Pretense

Using pretense to have a person give your car's possession is a common element in grand theft auto. Grand theft auto by false pretense means that:

  • You deceived another person intentionally and knowingly by6 telling them lies
  • Your intent for telling lies was to convince them to allow you to take their car
  • The other person believed your lies and allowed you to take ownership and possession of the vehicle

California law defines committing theft by false pretense as when you:

  • Intend to deceive another person and do either of the following:
  • Tell them something that you know is not true
  • Claim that what you are saying is true even with no surety that it is
  • Refuse to offer information you are obliged to offer
  • Make a promise without the intent to fulfill it

Reliance

You can only be convicted for GTA by false pretense if the party gave you their car because they believed your false pretense. This means the other person could not have given you their car were it not for your false pretense. However, this must not be the only reason for them to give you their car.

Evidence required for you to be convicted for GTA by false pretense

There are certain elements that the prosecutor needs to prove beyond reasonable doubt for you to be convicted for grand theft auto by false pretense. To prove these elements, the prosecutor must provide either of the following as evidence:

  • A handwritten note setting out the false precede that has been signed by you or is written by you
  • Testimonies form not less than two witnesses
  • A fake document like a contract or check
  • A testimony from a single witness in addition to other evidence.

Grand Theft Auto by Tricks

Under California law, grand theft auto by tricks is defined as when a person:

  • Obtains another person’s vehicle
  • Used deceit or fraud to convince the owner of the vehicle to allow you to take possession of their car
  • While taking the car, your intent was to:
  • Permanently deny the owner its use/access
  • Keep it away from the owner for an extended period
  • You kept the car from the owner for sometime
  • The owner’s intention was not to transfer its ownership to you

The main difference between grand theft auto by pretense and grand theft auto by tricks is that the defendant has both ownership and possession rights to the vehicle in pretense. In contrast, in tricks, the owner only grants the defendant possession and not ownership of the vehicle.

Grand Theft Auto by Embezzlement

For you to be convicted for grand theft auto by embezzlement, these elements must be present in your case:

  • The owner of a vehicle entrusted you with it
  • You were put in a position of trust by the owner of the vehicle
  • You fraudulently used the car to benefit yourself
  • You intended to deny the owner its use or access for some time or permanently

Note that you can still be convicted for grand theft auto even if you intended to return the vehicle to its rightful owner after some time.

Is Joyriding the Same as Grand Theft Auto?

Although joyriding is defined as taking another person’s car unlawfully, it is somehow different from grand theft auto. For you to be convicted for joyriding, the following elements must have been present in your case:

  • You drove or took another person’s car without their authorization
  • Your intention was to deny the owner its use or access for some time

 The major difference between joyriding and grand theft auto is; for you to be charged with grand theft auto, your intentions need to have been to permanently steal the car or deprive the owner of its use or access for an extended period, while joyriding requires you to deny the owner access to their vehicle for a short period (even for one hour).

Another difference is you can be charged with grand theft auto even though you had the owner’s permission, provided you got the owner to allow you access through trick, pretense, or fraud. On the other hand, you cannot be convicted for joyriding if you had the owner’s permission, regardless of whether you had obtained it through pretense or fraud.

Hotwiring is the ‘most common technique for achieving either joyriding or GTA.

Grand Theft Auto Examples in Riverside

Below are some common examples of grand theft auto in Riverside.

Mike is going on his usual morning run when he sees an expensive car parked by the road. He moves closer to admire the car, and he notices that its engine is on though the vehicle is empty. He gets right in the car and drives off, intending to keep the car to himself. If Mike is arrested and taken to court, he could be charged with grand theft auto.

 Peter likes his friend’s car and offers to buy it at a high cost, but he intends to fail to pay for the vehicle. He agrees with his friend on the meeting point and the mode of payment, but once Peter has the car, he drives off and ignores his friend’s calls about paying for the vehicle. If Peter is arrested and aligned in court, he could be charged with grand theft auto.

Vehicle Theft Penalties

Penalties for Grand theft Auto

Grand theft auto is categorized under California grand theft crimes and is convicted under Ca PC 487(d) (1). This offense is considered a wobbler meaning the prosecutor can charge it as a misdemeanor or felony based on your past criminal history and factors revolving around the crime. However, grand theft auto is often charged as a felony in Riverside.

If charged with a felony for grand theft auto, you are likely to face the following penalties:

  • Detainment in state prison for up to three years
  • Maximum fines of $10,000
  • Both detainment and fines

If you have been convicted before for an auto theft under California law, your imprisonment will likely be raised to three or four years.

Sentence Increment for high-value cars

If you are convicted of stealing a significantly expensive vehicle, you will receive a sentence enhancement, and you will likely face the following:

  • If the vehicle was worth $65,000, you would likely face an additional one-year imprisonment
  • If the vehicle was worth $200,000 or more (e.g., a Ferrari), you would likely face two additional years in state prison

Penalties for Unlawful Taking of a Car

Unlawful taking of a car is considered a wobbler under California law. However, first-time offenders of this offense are always charged with a misdemeanor. If charged with a misdemeanor for unlawfully taking a vehicle, you are likely to face the following penalties:

  • Detainment in county jail for one year
  • Maximum fines of $5,000

However, the prosecutor can also charge the offense as a felony, and if charged with a felony, you are likely to face the following penalties:

  • Detainment in county jail for up to three years
  • Maximum fines of $10,000

Your penalties may be enhanced if the vehicle you stole was either:

  • An emergency vehicle or an ambulance
  • A firefighting car or a law enforcement vehicle attending to an emergency call
  • A car that has been modified for a disabled person

Unlawful taking of any of the above-mentioned cars is charged as a felony in California, and it carries the following penalties:

  • Detainment in county jail for up to four years
  • Maximum fines of $10,000

Note that the additional penalties only apply if you were aware that a reasonable person should have been aware that the vehicle belonged to either of the above types.

Previous Felony Convictions for Vehicle Theft

If you have been convicted before for unlawfully taking a vehicle, you are likely to face additional charges if you have either of the following on your records:

  • One or multiple previous convictions of a felony charge for unlawful taking of a vehicle
  • One or multiple previous convictions for a felony for grand theft auto
  • One or multiple previous convictions for shoplifting cargo worth $950 and above

If you have either of the above previous convictions, your conviction for unlawful taking of a vehicle will automatically be a felony, and you will likely face the following penalties:

  • Detainment in state prison for four years
  • Maximum fines of $10,000

How to Fight your Grand Theft Auto Charges

Grand theft auto is an offense that carries severe penalties. However, you may be able to fight your charges with the help of an experienced attorney and get lesser charges or have your charges dismissed entirely. Some of the most common defenses that our lawyers have used to fight similar charges before include:

  • A claim of right — You cannot be convicted for grand theft auto if you can prove that you are the rightful owner of the car you were driving. You can also not be convicted for this offense if you had a good faith belief that the car was yours… despite whether the belief was true.
  • Lack of intent — Intent is among the common elements of a grand theft auto crime. You may be able to fight your charges by arguing that your intent was not to steal the car.
  • False accusations — Like in any other case, you may be falsely accused of grand theft auto by maybe an ex-spouse or someone trying to seek revenge after a fight. A skilled criminal defense lawyer can help investigate the evidence provided and poke holes in it to ensure that the allegations are not false.
  • Owner’s consent — You cannot be convicted for grand theft auto if the owner of the vehicle had consented to you taking the vehicle. For instance, the owner of the vehicle might have authorized you to take the car, but you disagreed on when you should give it back. This can be a great defense to fight your charges if your attorney can help you prove that.

Offenses Related to Grand Theft Auto

Certain crimes under California law are charged instead of or along with grand theft auto. These offenses include:

Carjacking (California PC 215)

If you are accused of taking another person’s car directly by using threats, fear of physical force, or actual physical force to take the vehicle away from the owner, you are likely to face carjacking and vehicle theft charges.

In California, carjacking is charged as a felony, and its penalties include:

  • Maximum fines of $10,000
  • Detainment in state prison for up to nine years
  • Felony probation

Carjacking is also classified as a violent felony in California, making it a strike offense. You could also face additional penalties if you used a weapon to commit the crime or if the alleged victim suffered great bodily injury, or if the crime was gang-related.

Carjacking and grand theft auto are related in that both offenses involve taking possession of another person’s vehicle without the owner’s consent.

Burglary & Auto Burglary (California PC 459)

Burglary is defined under PC 459 as when a person enters an enclosure or a building with the intent to engage in petty theft or a felony offense while inside. Auto burglary is defined as entering a car with the intent to commit a theft or felony crime.

Here are examples of the two offenses. Junior breaks into his neighbor’s garage with the intent to steal his vehicle. If Junor is arrested and aligned in court, he could be charged with burglary for breaking into the garage and grand theft auto for stealing the car.

Another example is Peter breaking into a parked car by the roadside with the inter to steal it. He could face auto burglary charges if he is arrested, even if his attempt to steal the vehicle was unsuccessful.

Burglary is considered a felony crime in California, and its penalties include:

  • Maximum fines of $10,000
  • Detainment in county jail for up to three years
  • Felony probation

If you committed the offense in an inhabited property (meaning there are people living inside), your sentence could be enhanced to six years in prison.

Petty Theft (California PC 488 &490.2)

You will be charged with petty theft if you are convicted of stealing a car worth less than $950.However, if you have a previous conviction on either of the following offenses:

  • Child molestation
  • A sexually violent crime
  • Sex offense charge that required you to register as a sex offender
  • A serious felony conviction like rape or murder

you will be charged with grand theft auto regardless of the car’s worth.

Petty theft is charged as a misdemeanor in California, and its penalties include:

  • Maximum fines of $1,000
  • Detainment in county jail for six months
  • An informal probation

Receiving Stolen Property (California PC 496)

California law prohibits doing either of the following with a property you are aware was acquired through theft:

  • Withholding
  • Selling
  • Concealing
  • Receiving, or
  • Buying

Actual theft and receiving stolen property are two different crimes, but you can only be convicted for one (meaning the offenses are not charged with or alongside each other). Therefore, you cannot be charged with grand theft auto and receiving stolen property.

If you are charged with receiving stolen property worth $400 and below, you will likely face a misdemeanor charge, and your penalties may include:

  • Maximum fines of $1,000
  • Detainment in county jail for up to one year
  • An informal probation

However, if you have been convicted before for a theft crime, your penalties may be enhanced.

On the other hand, if you are convicted of receiving stolen property worth more than $400, you may face felony charges, and your penalties would include:

  • Maximum fines of $10,000
  • Detainment in state prison for up to one year
  • Felony probation

Felony Reckless Evading (California VC 2800.2)

Felony reckless evading, also known as felony evading police, is defined under California law as to when a person flees police officers while driving a vehicle recklessly, disregarding other people’s safety. In simpler terms, felony reckless driving occurs when you try to evade law enforcement in your car and drive in a reckless way that is likely to cause other people to harm or destroy property.

For example, Peter, who has been reported for carjacking, tries to evade the police by driving at high and dangerous speed on residential streets while running through stop signs. After several hours of reckless driving, the police eventually arrested him. Peter will likely be charged with carjacking and felony reckless driving. If he caused death or serious bodily harm to someone else while driving recklessly and trying to evade the police, he could be charged with evading an officer, causing death or injury.

Despite its name, felony reckless evading is considered a wobbler in California, meaning it can be charged as a felony or a misdemeanor. If charged with a misdemeanor, you are likely to face the following penalties:

  • Detainment in county jail for up to one year
  • Maximum fines of $10,000
  • An informal probation

If charged with a felony, you will likely face the following:

  • Detainment in state prison for up to three years
  • Maximum fines of $10,000
  • A formal probation
  • 2 points on DMV driving records

Regardless of whether you have been charged with a felony or a misdemeanor, you will face a driving license suspension from the judge as probation.

Find a Criminal Defense Attorney Near Me

If you have been accused of grand theft auto, reaching out to a criminal defense lawyer immediately is crucial as its conviction can have some life-changing consequences. Our skilled criminal defense attorneys at Riverside Criminal Defense Attorney Law Firm have a record of successfully defending clients in Riverside going through situations similar to yours. We offer both in-house and online free and confidential consultation. Call us today at 951-946-6366.