Grand Theft Auto falls under Penal Code 487(d)(1) PC. This crime involves taking a vehicle without the owner’s permission with the intent to deprive them of it permanently. However, before worrying about your case, know that not every vehicle theft results in a conviction. Depending on the facts, charges could be reduced or even dismissed.

If you or a loved one faces GTA charges, you should seek legal help from an experienced defense attorney. Contact the Monterey Criminal Attorney today for a consultation to protect your rights and build a strong defense. We will help build solid defenses to fight the charges in court.

The Legal Definition of California Grand Theft Auto

Grand Theft Auto is punishable under California PC 487(d)(1). This statute prohibits the unlawful possession of another person’s vehicle to permanently deprive the owner of it. So, if you take a car without the owner’s permission and intend to keep it, sell it, or even dump it, then you are charged with GTA. While joyriding, the aim could be transient. GTA, on the other hand, emphasizes the aspect of loss.

To convict you for GTA in California, the following  element must be established beyond any reasonable doubt:

  1. You stole someone else’s car.
  2. The taking must have been done without authorization from the owner of the property that was taken.
  3. The object stolen had some value in the eyes of the owner since theft is the act of denying a person something valuable.
  4. You must have moved the vehicle even slightly.
  5. You wanted to permanently deny the vehicle’s owner its enjoyment when you took it.

If at least one of the abovementioned elements cannot be proved, you may have a relatively good defense for the charges against you. That’s why the details of each factor should be explained in detail when facing charges for violating California PC 487(d)(1).

The Legal Definition of California “Joyriding”

Joyriding, also called unlawful vehicle taking in California, is prosecuted under Vehicle Code 10851. Although it sounds less severe than the GTA, joyriding is still a criminal offense involving driving a car without the owner’s permission. The significant distinction between joyriding and GTA is your purpose. For joy riding, the prosecution has to show that you took the vehicle intending to use it for some time but to return the car later. This aspect differentiates it from the permanent deprivation required in Grand Theft Auto's case.

For you to be found guilty of joyriding, the following elements must be proved:

  • You have to have taken or driven a vehicle belonging to someone else.
  • The owner never gave their consent for you to take it.
  • You intended to use the car for a short time, not for permanent or for a long time.

These elements set joyriding apart from other car theft offenses.

Grand Theft Auto is usually charged when the prosecutor feels the defendant intended to keep the automobile forever from the owner. At the same time, joyriding is charged when the defendant wants to use the car temporarily.

One factor that can be identified in joyriding cases is how the vehicle was procured. Hotwiring, a process of forcing a car to start without using the key, is often used in many joyriding cases. Hotwiring shows your plan to take the vehicle without the owner’s permission. It may not necessarily show the defendant’s permanent plan as required in GTAs.

Penalties, Punishment, and Sentencing for California Vehicle Theft

GTA and joyriding are crimes that attract severe consequences in California. The penalties for these crimes depend on factors such as the value of the stolen car, the offender’s criminal record, and the nature of the crime.

Possible Sentencing for a California PC 487(d)(1)

In California, a California PC 487(d)(1) violation is a “wobbler,” meaning the prosecution could charge it as a felony or a misdemeanor. Prosecutors will decide how to charge the crime based on the car's value and whether the accused has been charged with the same offense in the past.

Upon conviction for felony Grand Theft Auto, you are imprisoned in a California state prison for 16 months, two, or three years. You are also subject to up to $10,000 in fines. If you are previously convicted of auto theft, the court could order a prison penalty enhancement of two, three, or four years per PC 666.5 provisions.

Enhanced Sentencing For High-Value Vehicles

You attract more severe prison sentences if you steal an expensive vehicle.  The court can add one year in prison if the vehicle is over $65,000 in value. Also, if the vehicle was valued over $200,000, the judge could add two more years to your penalty. Conversely, a misdemeanor attracts a county jail term not exceeding one year, $5,000 fines, or both.

Punishment for Taking a Vehicle Illegally

The unauthorized use of someone else’s vehicle, commonly known as joyriding, is also a criminal offense that can be prosecuted as a misdemeanor or a felony.

For first-time offenders, where the car was recovered with little or no damage, the court may take a lenient view of the offense and even charge it as a joyriding misdemeanor. In this case, you could be imprisoned for not more than a year in the county jail, placed on probation, and required to pay fines of no more than $5,000.

If the prosecutor prefers felony charges, you could face a jail term of 16 months and three years. The court could order you to pay no more than $10,000 fines.

Punishment For Joyriding In a Police Vehicle, an Ambulance, Or a Disabled Placard Vehicle

If you are convicted of joyriding in a specialized vehicle, such as an ambulance, police car, firefighting engine, or car with a ‘disabled parking’ placard/ parking pass, the penalty will likely be stiffer; that is, you will receive a longer jail term.

Penalties if You Have a Prior Conviction for Felony Vehicle Theft

Punishment for a joyriding offense varies upon any one or more prior convictions for the following:

  • Felony joyriding.
  • Felony GTA.
  • Stealing cargo with over $950 in value in violation of California PC 487h (a form of grand theft offense in California).

If you have any of these convictions, your charges for unlawfully taking a vehicle will automatically be classified as felony offenses. The possible sentence includes:

  • Two, three, or four years in county jail.
  • A fine not exceeding $10,000.

How to Fight Vehicle Theft (Grand Theft Auto) Charges

If you are facing vehicle theft or GTA charges, understanding the possible defenses can make a significant difference in the outcome of your case. Vehicle theft charges often revolve around proving your intent and actions at the time of the alleged crime. Fortunately, many legal defenses can challenge the prosecution's case, potentially leading to lesser charges or an acquittal. These include:

You Did Not Have Intent (For a California PC 487 Violation Only)

In the case of GTA, intent plays a critical role. To secure a conviction, the prosecution must prove that, when you took the vehicle, you wanted to deprive its owner of it permanently. If you lacked this intent—meaning you only intended to borrow the vehicle temporarily or did not plan to steal it—then this defense can hold.

For instance, if you believed you had permission to use the vehicle or the situation involved a misunderstanding, the prosecution’s case could weaken significantly. Without the element of intent to permanently keep the vehicle, the charge does not meet the full legal definition of Grand Theft Auto. This lack of intent creates reasonable doubt, making it harder for the prosecution to prove your guilt beyond that doubt.

If you only drove the vehicle for a short time or had plans to return it, this defense could lead to a reduction in charges or even an acquittal. The lack of intent is a powerful defense because it challenges the core of what makes Grand Theft Auto a more serious offense than joyriding.

You Had the Right to Possession

The claim of right defense is applicable where you believed that the vehicle you took was yours or you had the legal right to have the vehicle. In California, this defense acknowledges that a person’s belief about their right over the vehicle is enough to eliminate criminal intent, even if it is false. This belief does not have to be rational. It only has to be genuine.

Imagine one day having a monetary issue with the vehicle's owner or having some kind of contract with the owner. If you thought that the car belonged to you or that you had a right to it under the agreement, then you did not intend to steal.

For example, if you took back a vehicle, you thought you had a right to, whether because of an agreed-upon contract or otherwise, that would be admissible in a court of law. The law also acknowledges that to be convicted of Grand Theft Auto, one must intend to steal.

The claim of right defense is so effective because it challenges the prosecution’s account by introducing doubt about your state of mind. If you can prove that you genuinely believed you had the right to the car, it becomes hard for the prosecution to prove that you intended to steal.

Yours is a Case of Mistaken Identity

This defense arises when you are wrongfully accused because someone else committed the crime and you were misidentified as the perpetrator. In many auto theft cases, law enforcement may rely on circumstantial evidence such as eyewitness testimony, surveillance footage, or even forensic evidence like fingerprints or DNA. However, these forms of evidence are not infallible, and misidentification can occur due to factors such as poor lighting, stress, or a brief opportunity to observe the real culprit.

Owner’s Consent

Another legal defense is proving that the car's owner allowed you to take or use the vehicle. In California, California PC 487 violation charges always rely on the fact that you stole the car with the intention of not returning it to the owner. No crime happens if you prove that the owner permitted you to use the vehicle. Consent eliminates the illegality of the taking, an element the prosecution must establish.

Example: If you decide to use your friend’s car for a certain period, and your friend agrees to do so, If that friend later decides to change their mind or even report the vehicle as stolen due to some disagreement, you may still have a defense. The important thing to consider here is that when you took the vehicle, the owner agreed. Whether that consent was oral, written, or through conduct, it challenges the argument that the vehicle was stolen.

In many cases, this defense is reduced to evidence. If you receive text messages from the owner that they allowed you to drive the vehicle, the prosecution will face difficulties proving their case. In cases where the consent was thus informal, for example, by borrowing a car from a family member or friend, establishing this can cause charges to be lowered or dismissed altogether.

False Accusations

False accusations are often used in car theft cases. So, it is not surprising that women are likely to accuse their partners of theft even when it is not the truth. Sometimes, due to misunderstanding, quarrels, or even hatred, somebody may falsely accuse you of stealing their car. Whether this is a family dispute, a grudge, or a simple misunderstanding regarding ownership or permission, false allegations put you at significant legal risk.

In such circumstances, your defense is centered around ensuring that what the accusers are saying is false or half-truth. An example might be when a person lies about their car being stolen while they have been given the right to use it or never borrowed it in the first place. These accusations can be motivated by rivalry and a person’s conflict. For example, a conflict with a business or personal partner or the desire of a person to achieve their own selfish goal, including the receipt of money.

To defend oneself against such allegations, you must provide evidence that will challenge the accusers’ story. This may be in the form of text messages, statements from other witnesses, CCTV footage, or any other documents that would tend to exonerate you or demonstrate that the allegations are either an exaggeration or an outright falsehood. With such evidence, your defense lawyer can make the accuser’s integrity and motives questionable, hence diverting attention from you.

Sometimes, it is associated with confusion in car ownership or misunderstanding of agreements. If the accuser was under the impression that you had no right to the vehicle, this demonstrated that you did have legal rights to access the vehicle, which might completely undermine the prosecution’s case.

Related Offenses to GTA and Joyriding

Following are crimes that the prosecution could charge you with in place of PC 487(d)(1) and VC 10851 violations:

Burglary and Auto Burglary, California PC 459

Under California PC 459, burglary involves entering a structure, such as a home or locked car, intending to commit theft or a felony. Auto burglary refers explicitly to entering a locked vehicle with this intent. You do not need to commit the crime successfully; the act of unlawful entry with criminal intent is enough.

To convict someone of burglary, the prosecution must prove:

  • Entry into a building, vehicle, or structure.
  • Intent to commit theft or a felony existed at the time of entry.
  • In auto burglary cases, the vehicle must have been locked.

Penalties vary depending on the type of structure and the degree of burglary:

  • First-degree (residential) burglary is considered a felony, punishable by up to a six-year sentence.
  • Second-degree burglary, including auto burglary, is considered a “wobbler.” The prosecution could charge the crime as a misdemeanor or felony. A felony conviction can result in up to three years in jail, while a misdemeanor conviction may lead to no more than one year.

Carjacking, California PC 215

Carjacking, under California PC 215, involves taking a vehicle from someone else using force or threats. If you use violence or intimidation to seize control of a car from the driver or someone nearby, you can face carjacking charges.

To convict you, the prosecution must prove:

  • You took or attempted to take a vehicle that was not yours.
  • The car was taken from the possession of the owner, driver, or passenger.
  • You used force or threats.
  • You intended to deprive the victim of the vehicle either permanently or for a significant period.

Carjacking is considered a violent felony punishable by up to nine years in prison. It is also a "strike" under California's Three Strikes Law, which can lead to harsher sentences for future felonies. The punishment increases if the crime involves others or causes serious injury, and it may be paired with additional charges like kidnapping or robbery.

Receiving Stolen Property, California PC 496

Per California PC 496, purchasing, accepting, concealing, or selling any property one knows is stolen is unlawful. This offense is not only the act of receiving stolen goods but also situations where you are aware that you are involved in the disposal of stolen property. The law applies to things such as cars, TV sets, jewelry, or any other object stolen from its owner.

The elements that the prosecution must meet to convict you of receiving stolen property are as follows:

  • The property in issue was stolen.
  • You purchased, received, or concealed the stolen item.
  • You knew or ought to have known that the property was stolen when you took it.

The consequences of violating Penal Code 496 PC are based mainly on the amount of property that has been stolen. However, where the property's value is $950 or less, the offense is usually prosecuted and tried as a misdemeanor. This could lead to no more than a year's jail term and fines. However, if the value is more than $950 or the suspect has a prior conviction for theft-related offenses, it becomes a ‘wobbler,’ which can be either a felony or a misdemeanor. A felony conviction would mean up to three years in county or state prison.

However, there are other penalties that one would suffer when convicted of receiving stolen property. One of them is that you could have a criminal record, which will be detrimental to your employment opportunities and chances of renting a house, among others.

Petty Theft, California PCs 488 & 490.2

A California PC 488 violation is the theft of another person’s property with a value not exceeding $950. This theft offense is common in California, where people shoplift, steal personal belongings, or take items of low value. Petty theft differs from grand theft, where the value of the stolen property is more than $950.

For the prosecution to have you convicted of petty theft, they must establish certain elements, including: 

  • You took someone’s property without their consent.
  • You had the intention to keep the property indefinitely or not return it to the owner.
  • The property's value cannot be more than $950.

The consequences of shoplifting, as provided under the penal code 490.2, are somewhat less serious than grand theft.

Violating PC 488 is considered a misdemeanor in California. If found guilty, you could be ordered to serve up to six months in jail, to pay a fine not exceeding $1000, or both. However, if this is your first offense, you may be eligible for other sentencing options, including diversion. These conditions do not involve sentencing but involve certain conditions like community service or restitution.

Even though the penalties for petty theft are less harsh than grand theft, a criminal conviction may have a lifelong effect on your criminal record, affecting your job prospects and other legal issues.

Find a Monterey Criminal Defense Lawyer Near Me

A vehicle theft charge in California can have life-altering consequences, whether for grand theft auto, joyriding, or related offenses. A conviction can impact your job prospects, personal life, and future. That is why you should hire a skilled and experienced attorney who understands California criminal and traffic laws. They should also know how to protect your rights.

At Monterey Criminal Attorney, we are committed to defending clients in Monterey facing GTA, joyriding, or related charges. Call us at 831-574-1791 for a confidential consultation, and let us help you navigate the legal system.