CALIFORNIA PENAL CODE 666.5 PC – AUTO THEFT WITH A PRIOR

California Penal Code 666.5 PC is a statute that enhances the penalties for individuals with prior convictions of auto theft. In simple terms, if you are convicted of auto theft for a second or subsequent time, this law allows for increased fines and jail time.

The main purpose of this law is to discourage individuals with previous grand theft auto offenses from committing further auto theft crimes by imposing harsher penalties. It is important to note that Penal Code 666.5 PC itself is not a standalone crime but rather a provision that elevates the consequences for offenses like grand theft auto, joyriding, or buying/receiving a stolen vehicle under other specific laws.

California Penal Code 666.5 PC states that:
(a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment.

(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.

(c) The existence of any fact which would bring a person under subdivision (a) 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.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=666.5.

WHAT IS AUTO THEFT?

Auto theft is a serious crime involving the act of stealing someone else’s car. In California, the three most common types of auto theft crimes are grand theft auto (Penal Code 487(d)(1) PC), joyriding (Vehicle Code 10851 VC), and receiving or buying a stolen vehicle (Penal Code 496d PC).

Both joyriding and grand theft auto involve taking someone else’s vehicle without the owner’s consent and intending to deny them possession of it. But there is a difference between the two. Joyriding is when a person takes a vehicle temporarily, whereas grand theft auto is when a person takes a vehicle permanently.

It is important to note that auto theft is a serious offense that can result in legal consequences, including significant fines and jail time.

WHAT IS AUTO THEFT WITH A PRIOR UNDER PC 666.5?

If an individual has a previous conviction for auto theft, they will be subject to the sentencing enhancement specified in California Penal Code 666.5 if they are charged with auto theft again. It’s important to note that this enhancement can apply even if the defendant did not serve jail time for their previous offense.

Here are some important points to understand about Penal Code 666.5 PC, which addresses repeat offenses of auto theft:

• This law is applicable if a person has a prior felony car theft conviction.
• It results in increased penalties for individuals convicted of vehicle theft again.
• The intention of the law is to discourage repeat offenders and protect the public from the economic impact of vehicle theft.
• “Vehicle theft” is defined as driving or taking a vehicle without the owner’s permission.
• The term “intent to deprive” refers to the act of denying the owner of possession, whether temporarily or permanently.
• Both joyriding and grand theft auto qualify for enhanced penalties under this law.
• It is not necessary to commit the same felony auto theft offense twice for the law to apply.
• If the prior auto theft offense was a misdemeanor, the enhancement is less severe.
• This sentencing enhancement applies even if the individual did not serve prison time for their prior offense.
• Even if an individual was convicted of grand theft auto for the first time and placed on probation, the enhancement would still apply for a subsequent conviction.

ELEMENTS

To be found guilty of violating Penal Code 666.5, the prosecution needs to demonstrate specific elements of the crime, including the following:

• You have a previous conviction for felony vehicle theft, such as Vehicle Code 10851 VC joyriding, or Penal Code 487(d)(1) PC grand theft auto.
• You have committed a new felony vehicle theft offense.

The distinction between VC 10851 joyriding and PC 487(d)(1) grand theft auto lies in the duration for which the vehicle was taken. Joyriding is typically temporary, while grand theft auto usually results in permanent deprivation for the car owner.

EXAMPLE

For instance, if John was convicted earlier for stealing a car permanently, and he stole another vehicle a few years later, he could be charged under Penal Code 666.5 PC for auto theft with a prior. As a result, John could face more severe legal consequences and increased sentencing ranges than someone found guilty of first-time auto theft.

PENALTIES, PUNISHMENT, AND SENTENCING

If you are found guilty of a felony auto theft offense, you may face a prison sentence of up to four years and a fine of up to $10,000. Penal Code 666.5 outlines sentencing enhancements which could lead to the following penalties:

• A felony conviction could result in a state prison sentence ranging from two to four years, as opposed to 16 months to three years.
• You may be required to pay a fine of up to $10,000.
• The court could order you to compensate the victim for any damages or losses incurred.

It’s important to note that the enhanced sentence is not mandatory. The judge has the discretion to opt for formal probation instead of imposing prison time.

HOW TO FIGHT CHARGES AGAINST 666.5 PC?

Individuals facing accusations of auto theft with a prior offense have the option to raise legal defenses, such as arguing that the prior offense was not related to auto theft, or if it was, that it has been sealed or expunged.
In addition to challenging the prior offense, defendants can also contest the current auto theft charge by presenting common legal defenses. These may include demonstrating that the owner of the vehicle gave consent, proving that the defendant was unaware the vehicle was stolen, and asserting that the defendant genuinely believed the car belonged to them.

IMMIGRATION CONSEQUENCES

A conviction under Penal Code 666.5 PC can lead to deportation for non-citizens, including lawful permanent residents (green card holders) and undocumented immigrants. The conviction might be classified as an “aggravated felony” or a “crime involving moral turpitude” (CIMT), both of which are grounds for deportation and Inadmissibility under U.S. immigration law. Non-citizens charged under this statute should urgently seek legal assistance to navigate both the criminal and immigration implications of their case. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

For individuals convicted under Penal Code 666.5 PC, the process is not straightforward. Since Penal Code 666.5 PC involves auto theft with a prior conviction, it is typically considered a more serious offense, often classified as a felony. California law generally allows for expungement of certain felonies, provided the individual has successfully completed probation and has no new criminal charges pending. However, some serious felonies, particularly those that result in a state prison sentence, are not eligible for expungement.

If the individual was sentenced to county jail under realignment (pursuant to California Penal Code 1170(h)), they might be eligible for expungement under California Penal Code 1203.4. For those who served time in state prison, expungement is typically not available, but other forms of post-conviction relief, such as a certificate of rehabilitation or a governor’s pardon, may be pursued.

Ultimately, whether a conviction under Penal Code 666.5 PC can be expunged will depend on the specific circumstances of the case, including the nature of the sentence and the individual’s criminal history. Consulting with a knowledgeable expungement attorney can provide guidance tailored to the specifics of the case and explore potential options for post-conviction relief.

RELATED CRIMES

• Penal Code 666 PC – petty theft with a prior,
• Penal Code 459 PC – auto burglary,
• Penal Code 215 PC – carjacking,
• Vehicle Code 10852 VC – vehicle tampering.

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or a loved one is facing charges under California Penal Code 666.5 PC, it is essential to have skilled legal representation. Contact Cyrus Tabibnia at Tabibnia Law Firm for a consultation. With extensive experience in criminal defense, Cyrus Tabibnia can provide the expertise and support you need to protect your rights and future. Reach out today to schedule your consultation and take the first step towards a robust defense.