California Grand Theft Automobile Law

Penal Code 487(d)(1) PC & Vehicle Code 10851 VC

Our California theft defense attorneys have local law offices in San Francisco, Los Angeles, San Bernardino, Riverside, and all surrounding Southern California counties.

California "grand theft auto" (GTA), also referred to as "auto theft", "vehicle theft", or "joyriding" may be charged as a misdemeanor or as a felony. The seriousness of the charge depends on (1) the circumstance of your case, and (2) whether you have any similar prior convictions.

Two California laws address the theft of automobiles:

• California Penal Code 487(d)(1) PC -- Grand Theft Auto or GTA -- considered the more serious of these offenses, and



• California Vehicle Code 10851 VC -- The Unlawful Taking or Driving of a Vehicle (also sometimes called "joyriding")¹.

What are the Differences between California GTA and California Auto Theft?

Intent to Steal Permanently vs. Temporarily

The first difference between California grand theft auto and Vehicle Code 10851 VC joyriding lies in your intent.

California GTA requires that you intend permanently to deprive the owner of the car...that you intend to steal it. It should be noted that GTA is an exception to typical grand theft cases where the value of the property stolen must exceed $400 (otherwise, generally, only petty theft can be charged). In this state, stealing a car is always grand theft, regardless of the value of the car.²

By contrast, the unlawful taking or driving of a vehicle (or California joyriding) only requires that you intend temporarily to deprive the owner of his/her possession of the car.³

It should also be noted that if you break into the car before you steal it, you may additionally be charged with California auto burglary. Breaking into a garage or other structure to steal a car constitutes Penal Code 459 Burglary. If you used force or threats to take the vehicle directly from a person, Penal Code 211 Robbery and Penal Code 215 Carjacking could also be charged (both of which are strikes under California Three Strike Law). If you steal a car entrusted to you by its owner, a California embezzlement charge could be imposed.

Misdemeanor vs. Felony

The second difference is that California grand theft auto (GTA) is typically charged as a felony, while joyriding per Vehicle Code 10851 is typically prosecuted as a misdemeanor. That said, both crimes are actually "wobblers" which means that each may be filed as misdemeanors or felonies.

Conviction as a misdemeanor subjects you to a maximum one-year county jail sentence. Conviction as a felony subjects you to anywhere from 16 months to four years in the California State Prison and up to $10,000 in fines, depending on whether you have any similar prior convictions.

In addition, if the car's value was over $65,000, you will likely be charged with California felony GTA and subject to an additional and consecutive prison sentence of one year. If the car was worth more than $200,000, you face an additional and consecutive two-year sentence.⁴

What are the Defenses to California Grand Theft Auto?

The two most common defenses to California GTA or vehicle theft include: (1) owner's consent, and (2) your intent.

• Owner's consent

If the owner of the car that you allegedly stole consented to you taking the car, there is no theft. This is the case even if you obtained that consent by fraud⁵ (this is an exception to the more common rule that fraud overrules consent). However, this exception only applies to auto theft under California Vehicle Code 10851 VC, not GTA under California Penal Code 487(d)(1) PC.

Consent will not serve as a defense simply because the owner previously consented to your use of his/her car. Similarly, consent isn't general.your use of the car must fall within the scope of the consent.

• Your intent

As with any theft prosecution, your intent controls. If your California auto theft defense attorney can prove that you didn't intend to deprive the owner of his/her car, you can't be convicted of California GTA or California vehicle theft.

And of course, defenses pertaining to improper police procedures and/or violations of your constitutional rights will always be explored in an effort to have your charges either reduced or dismissed.

Legal References:

¹Joyriding used to be a separately prosecuted offense under California Penal Code 499b PC. In 1997 the Legislature determined that it was duplicative of California Vehicle Code 10851 VC. California Penal Code 499b PC currently only refers to "joyriding" as it pertains to bicycles and water vessels.

²California Penal Code 487(d)(1) PC. Also see People v. Thomas, (1964) 43 Cal.App.3d 862 ("The Legislature in Penal Code section 487 has clearly defined the theft of items such as automobiles, firearms, and certain farm animals as grand theft, regardless of the value of the item taken.").

³People v. Jeffries (App. 2Dist. 1941) 47 Cal.App.2d 801 ("Under section 503 of the Vehicle Code [currently California Vehicle Code section 10851], a person may be guilty thereunder if he takes an automobile though he intends only to temporarily deprive the owner of such automobile of the possession thereof, and whether the taking is "with or without intent to steal the same," whereas grand theft requires a felonious taking of the property of another.")

⁴California Penal Code section 12022.6 PC

⁵People v. Cook, (1964) 228 Cal.App.2d 716 (".fraudulent inducement does not vitiate the consent given to the extent of creating the crime of auto theft." The court drew a distinction between grand theft auto (which may specifically be committed by trick or false pretense) and auto theft (which only makes reference to consent) when it ruled that the latter is impervious to a fraud claim as long as consent was given.)

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