Vehicle Theft Charges In California
VEHICLE THEFT CHARGES
What are the charges for vehicle theft in California?
In California there are specific charges relating to theft of a vehicle, that vary depending on the allegations. These offenses vary greatly in what it takes for the State to prove these charges and convict you, as well as what the potential punishments can be. Therefore, we are breaking down each charge below.
In this article we are reviewing the following vehicle theft charges:
Grand Theft Auto
Joyriding (Unlawful Taking or Driving of a Vehicle)
Carjacking
Read more on each below.
Grand Theft Auto
Definition of Grand Theft Auto
Under California Penal Code 487, Grand Theft Auto is defined as:
Taking another’s vehicle, without their consent
The Vehicle values at over $950.00
With either the the intent to:
permanently deprive the owner of possession of the vehicle; or
deprive the owner of their use or enjoyment or value of the vehicle
This offense is a wobbler which can be charged as a felony, or a misdemeanor depending on the allegations and your criminal history.
What is required to meet the definition of “taking” the vehicle
To be convicted of this charge the State must show that the vehicle was moved by some distance and was kept for a period of time; this is the main difference between GTA and Joyriding, outlined below. The distance the vehicle was moved does not need to be a long distance, and the amount of time that it is kept may be a short period of time. While many cases involve physically taking a vehicle , this can also by charged if the vehicle is taken by deceptive means.
Potential Punishments for GTA:
Potential punishments for a conviction for GTA range as follows:
Felony:
Up to 3 years in prison
or more depending on enhancements and strike history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim
Misdemeanor:
Up to 1 years in jail
Fines of $0-$1,000 and Restitution
Probation
A Restraining Order with the alleged victim
“Joyriding” or Unlawful Taking or Driving of a Vehicle
Definition of Taking or Driving a Vehicle or Joyriding:
Under California Vehicle Code 10851, Theft of a Vehicle is defined as:
Taking another’s vehicle, without their consent
With the intent to deprive the owner of possession of the vehicle; even temporarily
This offense is a wobbler which can be charged as a felony, or a misdemeanor depending on the allegations and your criminal history. If the vehicle is one belonging to law enforcement, emergency responders, or someone with a disability who has modified the vehicle for their use it will be charged as a felony.
Note that the main difference between GTA and Joyriding is that Joyriding requires taking the car for any length of time; where GTA requires a longer period of time and some movement of the vehicle.
Potential Punishments for Joyriding:
Potential punishments for a conviction for Joyriding range as follows:
Felony:
Up to 3 years in prison
or more depending on enhancements and strike history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim
Misdemeanor:
Up to 1 years in jail
Fines of $0-$1,000 and Restitution
Probation
A Restraining Order with the alleged victim
Carjacking
Definition of Taking or Driving a Vehicle or Joyriding:
Under California Penal Code 215, Carjacking is defined as:
Taking another’s vehicle that is in their possession,
Directly from their (or a passenger’s) person or immediate presence
Against their will
By means of force or fear
With the intent to deprive the owner of possession of the vehicle; even temporarily
This offense is a felony and also a potential strike offense, meaning the penalty can be very high depending on the allegations and your history.
Potential Punishments for Carjacking:
Potential punishments for a conviction for Joyriding range as follows:
Up to 9 years in prison
or more depending on enhancements and strike history
Fines of $0-$10,000 and Restitution
Probation
Prohibition of Possessing Firearms
A Restraining Order with the alleged victim
Using a weapon or injuring someone during the commission of a Carjacking can add an additional 3-25 years to the sentence; or life as a third strike.
WHAT CAN YOU DO ABOUT A VEHICLE THEFT CHARGE?
What should I do if I am accused of a Vehicle Theft charge?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with a Vehicle Theft charge?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. For felony theft charges you may be able to get your charges amended down to a misdemeanor for a lesser penalty.
