CA Penal Code 487(d)(1) Grand Theft Auto

What You Need to Know About Grand Theft Auto in California

Under CA Penal Code Section 487(d)(1), grand theft auto (GTA) is a serious felony that involves taking someone else’s vehicle without permission, with the intention to permanently deprive the owner of its use. This guide will explore every aspect of grand theft auto charges, potential penalties, available defenses, and how the experienced team at Power Trial Lawyers can assist you.

Grand theft auto cases in California carry severe consequences, including significant prison time, hefty fines, and a lasting criminal record. With the right defense strategy, however, there is hope for reducing or even dismissing these charges.

What is CA Penal Code Section 487(d)(1)?

California law defines grand theft auto as the unlawful taking of a motor vehicle with the intent to keep it. Under CA Penal Code Section 487(d)(1), this crime is considered more severe than petty theft because it involves a vehicle, which typically has a high value. The key elements the prosecution must prove for a grand theft auto conviction are:

1. The defendant took or drove a vehicle.
2. The vehicle belonged to someone else.
3. The vehicle was worth more than $950.
4. The defendant intended to permanently deprive the owner of the vehicle.

The crucial element in grand theft auto cases is the intent to permanently deprive. If the vehicle was taken only temporarily, the offense could be charged as joyriding, which is a lesser crime under Vehicle Code Section 10851.

Grand Theft Auto vs. Joyriding: Key Differences

The distinction between grand theft auto and joyriding lies in the defendant’s intent. Joyriding, under Vehicle Code 10851, involves the unauthorized temporary use of a vehicle without the intention to permanently keep it. In contrast, grand theft auto involves the intent to permanently take the vehicle, whether to sell it, dismantle it, or use it without returning it.

Joyriding is typically a misdemeanor, but it can be charged as a felony under certain circumstances, such as repeated offenses. On the other hand, grand theft auto is usually charged as a felony and carries more severe penalties.

Felony Grand Theft Auto: Penalties and Legal Consequences

A grand theft auto conviction under CA Penal Code 487(d)(1) carries serious consequences, especially if charged as a felony. Some of the most common penalties include:

• Felony Penalties: Felony grand theft auto convictions can result in 16 months, 2 years, or 3 years in state prison. If the stolen vehicle’s value exceeds $65,000, the sentence can be increased by an additional year or more.
• Misdemeanor Penalties: In rare cases, the charge may be reduced to a misdemeanor, leading to up to one year in county jail, depending on the vehicle’s value and the defendant’s criminal history.
• Fines: Convictions may also result in fines ranging from several thousand dollars up to $10,000 or more, depending on the circumstances.
• Probation: Some defendants, especially first-time offenders, may be eligible for probation instead of prison time.

Aggravating Factors That Increase Penalties

Several aggravating factors can lead to enhanced penalties for a grand theft auto conviction in California. These include:

1. High-Value Vehicles: Vehicles valued at more than $65,000 can result in additional prison time. If the vehicle is worth over $200,000, the penalty enhancements are even greater.
2. Criminal Record: Repeat offenders or those with prior felony convictions face harsher penalties under California’s Three Strikes Law.
3. Use in Another Crime: If the vehicle was used to commit another crime, such as robbery or burglary, the defendant could face additional charges and increased sentences.
4. Injury or Death: If the theft resulted in an accident or injury, charges could escalate to include vehicular manslaughter or hit and run, carrying even more severe penalties.

Legal Defenses Against Grand Theft Auto Charges

If you are facing grand theft auto charges, it’s crucial to explore all potential defense strategies with an experienced attorney. At Power Trial Lawyers, we have successfully defended many clients against grand theft auto charges using various defenses, including:

1. Lack of Intent to Permanently Deprive: The prosecution must prove that the defendant intended to permanently deprive the owner of their vehicle. If there was no intent to keep the vehicle permanently, the charges may be reduced or dismissed. For example, borrowing a car temporarily, even without permission, may not meet the criteria for grand theft auto.
2. Owner Consent: If the vehicle’s owner consented to the defendant taking or using the car, the charges could be dropped. This is a common defense in cases involving disputes between family members, friends, or acquaintances.
3. Mistaken Identity: Sometimes, the wrong person is accused of the crime. Mistaken identity due to poor eyewitness testimony or surveillance footage can lead to wrongful charges. A solid defense can involve proving that someone else was responsible for the theft.
4. Claim of Right: In rare cases, the defendant may argue that they had a legal right to take the vehicle. For example, if the defendant believed they had a rightful claim to the vehicle due to an unpaid debt or other agreement, this defense may apply.

Other Legal Consequences of a Grand Theft Auto Conviction

Beyond the immediate criminal penalties, a conviction for grand theft auto under CA Penal Code 487(d)(1) can have long-lasting consequences:

• Permanent Criminal Record: A felony conviction stays on your criminal record, making it difficult to secure employment, housing, or loans.
• Loss of Driving Privileges: In some cases, a conviction can result in the suspension or revocation of the defendant’s driver’s license.
• Civil Lawsuits: In addition to criminal penalties, the vehicle’s owner may sue the defendant for damages, including the value of the vehicle and any associated costs.

Expungement and Record Clearing

While a grand theft auto conviction can have serious consequences, California law allows some individuals to expunge their criminal record under certain conditions. Expungement removes the conviction from public records, which can significantly improve your chances of finding a job or housing.

To qualify for expungement, you must:

• Complete all terms of your sentence, including probation.
• Not have any new criminal charges pending.
• Not be serving a sentence for another crime.

How Power Trial Lawyers Can Help

Facing charges under California Penal Code 487(d)(1) can be overwhelming, but you don’t have to face it alone. At Power Trial Lawyers, we are experienced in defending individuals accused of grand theft auto and other serious felonies. Our team will work tirelessly to protect your rights and develop a strong defense strategy tailored to your case.

We understand that every case is unique, and we approach each one with the care and attention it deserves. Whether you are looking to reduce your charges, avoid a conviction, or clear your record, we are here to help.

Contact Power Trial Lawyers Today

If you or a loved one is facing grand theft auto charges in California, you need an experienced criminal defense attorney on your side. Power Trial Lawyers has a proven track record of successfully defending clients in similar situations. We will guide you through every step of the legal process and fight for the best possible outcome.

Call us today by dialing 213-800-7664 to schedule a free consultation, or fill out our online contact form to get the legal help you need. Time is critical when facing felony charges, so don’t wait—reach out to us now.

Being charged with grand theft auto under California Penal Code Section 487(d)(1) is a serious matter that can result in severe penalties and long-lasting consequences. However, with the right legal representation, you can fight these charges and protect your future. Whether you are facing a felony conviction, looking for defense strategies, or seeking expungement, Power Trial Lawyers is here to help you every step of the way.

Contact us today for a free consultation and let us help you build a powerful defense.