What is the Definition of Grand Theft Auto Under California Law?

According to California law, grand theft auto is a crime that occurs when an individual or group of individuals take another person’s car without permission and with no intention of returning it. You may be charged with a grand theft auto offense whether you take the motor vehicle for personal use, sell it for parts, destroy it, or sell or gift it to another individual. In most criminal cases in California, grand theft involves stealing anything valued over $950. However, to be charged with grand theft auto, the value of the motor vehicle may not be considered.

It does not matter precisely how you stole the car, truck, van, or other motor vehicle. Breaking through a window and hotwiring it, stealing the keys from the car’s owner, forcing open the car door, or opening unlocked vehicles with keys left inside all count as grand theft auto in California.

It is worth noting that grand theft auto is not California’s only criminal offense involving car theft. For example, criminal defendants may be accused of joyriding, which typically carries lower penalties than a GTA offense.

Those who intentionally deceive car owners—for example, by posing as valets—can also be charged with grand theft auto. Additionally, individuals who acquire vehicles without paying for them, retain a rented or loaned car beyond the agreed-upon time window, and obtain automobiles through embezzlement or fraud may also be guilty of grand theft auto.

For vehicle theft laws, any self-propelled vehicle may be considered in grand theft auto cases. The only exception to the rule is a motorized wheelchair or a small motorized tricycle or quad for people with disabilities. Under California law, motorcycles and other small vehicles can be counted as motor vehicles for GTA crimes.

What Are Criminal Offenses Related to Grand Theft Auto Charges?

Several related offenses could be charged alongside Grand theft auto or instead of a GTA offense.

Auto burglary, or auto theft, involves individuals entering property intending to commit petty theft or a felony offense. For example, you may be guilty of auto burglary if you enter another person’s garage intending to steal their vehicle. Even those who fail to take the car may face auto burglary charges.

Carjacking charges may apply if you take another individual’s vehicle directly from them by either force or fear of force. In California, prosecutors charge the offense of carjacking as a felony. The penalties for carjacking often include imprisonment over several years.

You may be charged with petty theft if you steal a vehicle worth $950 or less. However, higher charges may apply if you have prior felony convictions for certain crimes.

It is a crime to knowingly accept stolen property through a gift, sale, or other means.

What is the Difference Between GTA, Carjacking, and Joyriding?

A grand theft auto offense implies that you intend to steal the car long-term, either to use it for yourself, destroy it, sell it, or strip it for parts.

Joyriding is a criminal offense in which the defendant briefly uses someone else’s motor vehicle and then abandons it, typically in places where the owner or police may eventually find it.

In California, both crimes could be charged as felonies or misdemeanors, and the decision is generally up to the prosecution. However, grand theft auto is more commonly charged as a felony, and joyriding is usually a misdemeanor, especially if it is a first offense.

What Are the Potential Legal Consequences of a Grand Theft Auto Conviction?

The penalties for a GTA crime in California depend on whether the prosecutors charge it as a felony or misdemeanor. In most cases, GTA crimes are charged as felonies.

GTA felony charges include the following:

  • 16 months to three years in jail
  • An extra year of jail time if the car was worth more than $65,000
  • Two extra years of jail time if the vehicle was worth more than $200,000
  • Fines of up to $10,000

Misdemeanor grand theft auto penalties can include the following:

  • Fines of up to $5,000
  • A maximum jail term sentence of one year in county jail

There may be additional repercussions besides the legal consequences of a GTA crime. Having a grand theft auto conviction on your criminal record can put a personal strain on your relationships, impede your job prospects, and have other potential consequences.

What Are Legal Defense Strategies a Criminal Lawyer May Use for Your GTA Case?

If you have been charged with grand theft auto, we strongly recommend that you retain the legal services of experienced criminal defense lawyers. Even if you believe yourself to be innocent, it is inadvisable to proceed without professional legal counsel.

When faced with criminal charges of grand theft auto, you and your legal representation must raise doubts about the prosecution’s evidence regarding the facts of the supposed crime.

Common defense strategies that may be utilized to combat GTA charges include the following:

  • Asserting that you are the victim of mistaken identity
  • Claim that you returned or intended to return the vehicle
  • Establish that you had reasonable grounds to believe that the owner had consented to you taking the vehicle
  • The monetary amount of the vehicle in question did not constitute grand theft but only petty theft
  • Argue that you owned the car or had a claim of rights to the property
  • Dispute that you took the car in the first place
  • Make accusations of police misconduct, such as illegal searches, failure to read your Miranda rights, or coercing a confession
  • Raised reasonable doubt based on insufficient evidence
  • The vehicle was a gift from the previous owner
  • Claim that you were given indirect permission to take the motor vehicle
  • Argue that there was no intent to steal the vehicle
  • State that you were falsely accused

The law places the burden of proof in criminal cases on the prosecutors and their attorneys. In a grand theft auto case, prosecutors must prove that the defendant took the car owned by another person, that the value of the car was worth more than $950, that the defendant did not have the express permission to take the car, and that the defendant either intended to permanently deprive the owner of their vehicle or took the car for a long enough time to deprive the owner of a substantial value of the car.

Schedule a Free Consultation with Experienced California Criminal Defense Attorneys

If you have been accused of GTA offenses, you must seek the professional legal services of criminal defense attorneys. Your criminal lawyers will help develop a strategy to fight a grand theft auto charge to clear your name and either dismiss or reduce the charges made against you.

Our Los Angeles law firm has extensive experience representing clients in various criminal cases, including defendants accused of grand theft auto crimes. To learn more about our legal services and how we may assist you throughout the entire process of your criminal case, don’t hesitate to contact our California law firm to schedule your free initial consultation with our legal team today.

You can reach our LA law office at 949-779-3799.