Grand Theft Auto Charges in San Diego
San Diego Theft Crime Attorney
In California, the crime of auto theft can be charged under California Penal Code Section 487(d)(1), more commonly known as Grand Theft Auto which is almost always charged as a felony. However, depending on the many circumstances unique to each case, auto theft can also be charged as a misdemeanor Unlawful Taking or Driving of a Vehicle under California Vehicle Code Section 10851.
Penal Code § 487(d)(1)n states in relevant part:
Grand theft is theft committed when the property taken is any of the following:
An automobile, horse, mare, gelding, any bovine animal, any caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt, barrow, or pig.
Theft under this section requires an unlawful taking of the vehicle with the intent to permanently deprive the rightful owner of possession.
Vehicle Code § 10851states in relevant part:
Any person who drives or takes a vehicle not his or her own, without the consent of the owner thereof, and with intent either to permanently or temporarily deprive the owner thereof of his or her title to or possession of the vehicle, whether with or without intent to steal the vehicle, or any person who is a party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, is guilty of a public offense and, upon conviction thereof, shall be punished by imprisonment in a county jail for not more than one year or in the state prison or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.
If the vehicle is (1) an ambulance, (2) a distinctively marked vehicle of a law enforcement agency or fire department, taken while the vehicle is on an emergency call and this fact is known to the person driving or taking, or any person who is party or an accessory to or an accomplice in the driving or unauthorized taking or stealing, or (3) a vehicle which has been modified for the use of a disabled veteran or any other disabled person and which displays a valid distinguishing license plate or placard and this fact is known or should reasonably have been known to the person driving or taking, or any person who is party or an accessory in the driving or unauthorized taking or stealing, the offense is a felony punishable by imprisonment in the state prison for two, three, or four years or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.
In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.
The existence of any fact which makes subdivision (b) applicable shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
Any person who has been convicted of one or more previous felony violations of this section, or felony grand theft of a vehicle in violation of subdivision (d) of Section 487 of the Penal Code, former subdivision (3) of Section 487 of the Penal Code, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or Section 487h of the Penal Code, is punishable as set forth in Section 666.5 of the Penal Code. The existence of any fact that would bring a person under Section 666.5 of the Penal Code shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere, or by trial by the court sitting without a jury.
As one can see from reading the aforementioned statutes, if an individual is charged under Penal Code §487(d)(1), they may also be charged under Vehicle Code §10851 as the former requires an intent to deprive an individual of the vehicle permanently, while the latter makes no distinction between an intent to keep or return the vehicle. I f an individual in unlawful possession of a vehicle yet intended to shortly return the vehicle to the true owner, however, (an act commonly referred to as "joyriding") then they will not have possessed the requisite mental state necessary to be convicted under Penal Code §487(d)(1). T hey will more likely only be guilty of having violated Vehicle Code §10851. Therefore, the duration of time they intended to deprive the rightful owner of possession of the vehicle at the time they took unlawful possession will be critical factors as to how the defendant will be charged with regards to these two offenses.
Defending Grand Theft Auto Charges
In order for the prosecution to successfully convict a person of Grand Theft Auto in California, they must prove beyond a reasonable doubt that the defendant took the vehicle from its rightful owner, knowing that they did not have consent to do so, with the intent to deprive them of the vehicle permanently. The sooner your attorney can contact the prosecution, the sooner they may articulate exactly how the facts of the case against you fall short of the standard of felony grand theft and have the charges reduced or dismissed.
Each of these offenses could carry severe yet substantially different penalties. Grand Theft of an Automobile is almost always charged as a felony. Generally, the crime of Grand Theft requires that the object of the theft be valued at $400 or more, however an automobile is an exception to this rule. Also, the definition of an automobile under either of these sections is extremely broad and could be applied even to the theft of a golf cart from a local golf course. If one is charged under Penal Code §487(d)(1); sentencing will range from probation to 16 months to 3 years in state prison, you will receive up to 3 years of parole or formal probation, and the offense will count as a strike on your record. Sentencing will be enhanced if the car's value is over $65,000 and then enhanced even more if it is a luxury car worth more than $200,000. If you are convicted for Grand Theft Auto with a strike already on your record, the maximum sentencing allowable under this section will double to 6 years in state prison.
Unlawful taking of a vehicle under VC § 10851 can also be charged as a felony carrying a maximum sentence of three years in state prison. I t is possible that if there are no prior criminal convictions on your record the prosecution can be persuaded to charge the offense as a misdemeanor, or reduce the offense to a misdemeanor for purposes of sentencing, for which one would receive probation and whatever fines or restitution the court may see fit.
Because of the wide range of possible punishment under each of these sections, if you or a loved one has been arrested and charged under either sections Penal Code §487(d)(1) and/or Vehicle Code §10851, it is imperative that you contact an experienced and aggressive criminal defense attorney immediately. If you are charged only under VC §10851, it is possible that in the weeks following your arrest the prosecution could add an additional charge of Grand Theft Auto. The days following your arrest are a critical time for a tactful defense attorney to independently investigate the facts and begin negotiations with the prosecution to either reduce the charges, dismiss the felony grand theft charge in lieu of a guilty plea to misdemeanor unlawful taking of a vehicle, or in some cases articulate the specifics of your unique situation which may result in the charges being dropped altogether. It may be evident from the facts that you sincerely believed based on representations by the owner that you had consent to use the vehicle. Even if your belief that you had a legal claim to use the vehicle was unreasonable under the circumstances, your attorney still may have an argument which could result all charges being dropped completely.
Attorneys at The Law Office of Marc S. Kohnen have successfully assisted numerous clients in fighting grand theft auto charges and will work vigorously on your behalf.
Contact a San Diego theft crime attorney immediately if you have been charged with grand theft auto.