As is true in every other state, auto theft is a crime in California. It is illegal both under general theft laws and under the vehicle code. The main difference between the two and how a person will be charged is the intent of the alleged thief – did they intend to deprive the owner of their property permanently or temporarily?

Auto Theft

California law defines theft as intentionally and unlawfully taking someone’s property and carrying it away from them. It also requires that the other person had the intent to permanently deprive the owner of the property. The theft laws in California are divided into petty theft and grand theft, with the differing factor being the value of the item that was stolen.

Grand Theft Auto (GTA)

If the vehicle that was stolen is worth more than $950, then the person who stole it can face charges for grand theft auto. This is a wobbler offense, which means that the prosecutor can decide if it should be charged as a misdemeanor or a felony.

A felony conviction can result in 16 months, two years, or three years in prison, while a misdemeanor conviction can lead to a maximum of 364 days in county jail. Note that in most cases, the prosecutor will charge grand theft auto as a felony.

Petty Theft

If the vehicle stolen was worth less than $950, then it will be charged as petty theft. This is a misdemeanor offense that comes with a sentence of up to six months in county jail, fines of up to $1,000, or both.

In the event that the offender has a theft-related conviction on their record, they have a prior conviction for a violent offense, they have embezzled from a vulnerable adult, or they are required to register as a sex offender, they could be charged with petty theft with a prior, which increases the penalties equal to those of a conviction for grand theft auto.

Unlawful Driving or Taking a Vehicle

Another crime involving taking a vehicle without permission is joyriding, known as unlawful driving or taking of a vehicle. This involves taking a vehicle that belongs to someone without their consent and with the intent to temporarily (or permanently) keep the owner from the vehicle. The other types of auto theft-related crimes require that the prosecution prove that the defendant intended to permanently deprive the rightful owner of the property of their vehicle.

Call for a Free Legal Consultation

If you are facing criminal charges related to stealing a vehicle, we recommend you contact Law Office of Michael L. Fell at (949) 585-9055 as soon as possible. We are here to help you find the best way forward – just call us for help.