CALIFORNIA PENAL CODE SECTION 487(D)(1) PC – GRAND THEFT AUTO

Penal Code 487(d)(1) in California defines the offense commonly referred to as “grand theft auto,” which involves taking someone else’s vehicle valued at $950 or more without permission, with the intention of depriving the true owner of the vehicle. Prosecutors have the discretion to charge this offense as either a misdemeanor or a felony.

In California, auto theft or vehicle theft can result in charges for either of two distinct offenses:

• Grand theft auto, also known as “GTA,” as outlined in Penal Code 487(d)(1) PC, which constitutes a form of grand theft; and
• Unlawful taking or driving of a vehicle, often referred to as “joyriding,” as defined under Vehicle Code 10851 VC.

While auto theft rates have been on a steady decline in America, law enforcement agencies continue to dedicate significant efforts to solve and prosecute vehicle theft cases. It is worth noting that in 2011, California managed to recover 85% of all automobiles that were stolen.

ELEMENTS

The legal definition of grand theft auto (GTA) in California encompasses specific elements that the prosecutor must prove in order for a person to be convicted of GTA.

The elements of California GTA as per Penal Code 487(d)(1) PC include:

• Taking a car owned by someone else;
• The car being valued at more than nine hundred fifty ($950) dollars in most cases;
• Not having permission from the owner to take the car;
• Having the intention to permanently deprive the owner of the car, or to take it away for a significant period of time that would result in deprivation of its value or enjoyment; AND
• Moving the car, even if for a very short distance, and keeping it for any period of time, no matter how brief.

While luxury cars are often assumed to be common targets of auto theft, the humble Honda Accord is actually one of the most commonly stolen cars in California due to the active market for its parts.

The above elements constitute the legal definition of the most common form of grand theft auto, also known as grand theft auto by larceny. Additionally, grand theft auto can also be committed by:

• Using false pretenses to persuade someone to give you ownership of their car;
• Using a trick to persuade someone to let you take possession of their car; or
• Using embezzlement to take someone else’s car, which involves abusing a position of trust to take someone else’s car.

EXAMPLE

John, without permission from the owner, takes a car owned by Mary, which is valued at over $950. John has the intent to permanently deprive Mary of her car. He drives the car a few miles away from its original location and keeps it for a couple of days. During this time, John uses the car for his personal use, effectively depriving Mary of her vehicle and its value. Eventually, John is apprehended by the authorities, and he can be charged under California Penal Code Section 487(d)(1) PC for grand theft auto.

UNDERSTANDING JOYRIDING IN CALIFORNIA AND ITS DIFFERENCES FROM GTA

The legal definition of “unlawful taking of a vehicle” or joyriding differs from that of grand theft auto (GTA) in California. Joyriding involves the following elements:

• Taking or driving someone else’s vehicle without their consent.
• Intending to deprive the owner of the vehicle for any period of time.

The key distinction between GTA and joyriding in California is as follows:

• For GTA, one must intend to steal the car permanently or for a long enough period of time that it significantly deprives the owner of value or enjoyment.
• In the case of joyriding or unlawful taking of a vehicle, the intent is to deprive the owner of the car for any period of time, even if it is as short as half an hour..

Hotwiring a car is a common method used to commit both grand theft auto and joyriding.

Another notable difference between GTA and joyriding is that a person can be convicted of GTA even if they had the owner’s permission to take the car, provided that they obtained that permission through false pretenses, fraud, or trickery. However, if a person has the owner’s permission to take their car, even if that consent was obtained through fraud or deceit, they are not guilty of unlawful taking of a vehicle under Vehicle Code 10851 VC.

Sources:

• Joyriding – Legal Information Institute

PENALTIES, PUNISHMENT, AND SENTENCING

GTA (Grand Theft Auto) and joyriding, also known as unlawful taking of a vehicle, have different penalties in California.

For GTA (Penal Code 487(d)(1) PC), the penalties are:

• It is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s criminal history.
• The typical practice is to charge it as a felony.
• Felony penalties for GTA include 16 months, 2 years, or 3 years in jail, a fine of up to $10,000, or both imprisonment and the fine.
• If the person has a prior auto theft conviction, the sentencing range increases to 2, 3, or 4 years.
• Stealing a high-value car can result in additional and consecutive prison sentences, ranging from 1 to 2 years, depending on the value of the car.

For joyriding or unlawful taking of a vehicle (Vehicle Code 10851 VC), the penalties are:

• It is also considered a wobbler offense but is usually charged as a misdemeanor for first-time offenders.
• Misdemeanor penalties for joyriding include up to 1 year in county jail and/or a fine of up to $5,000.
• The prosecutor can choose to charge it as a felony, which would carry penalties of 16 months, 2 years, or 3 years in county jail and/or a fine of up to $10,000.
• Joyriding in certain types of vehicles, such as an ambulance, a marked law enforcement or firefighting vehicle on an emergency call, or a vehicle modified for disabled persons with a distinguishing license plate or placard, is always considered a felony and carries penalties of 2, 3, or 4 years in jail and/or a fine of up to $10,000.
• Prior felony vehicle theft convictions can result in felony charges for joyriding, with penalties of 2, 3, or 4 years in jail and/or a fine of up to $10,000.

Please note; specific circumstances and prior convictions can result in different penalties, and it is advisable to consult with a legal professional for accurate advice tailored to your situation.

DEFENSES

There are several potential legal defenses that may apply to vehicle theft charges. These may include circumstances where the accused had consent or permission to take or use the vehicle, lack of intent to commit a crime, mistaken identity, or a coerced confession. Some include:

• Lack of intent: A defense that applies specifically to charges of grand theft auto (GTA) under Penal Code 487(d)(1) PC. Arguing that you did not intend to steal the car can potentially help fight the charges. However, this defense does not apply to joyriding charges, as intent to steal is not required.
• Claim of right: If the car you were driving actually belonged to you, you cannot be convicted of GTA or joyriding. Additionally, if you had a genuine belief that the property belonged to you, it can serve as a defense for GTA charges, regardless of whether that belief was correct.
• Owner’s consent: If the owner of the car consented to you taking it, there is no theft, whether it is grand theft auto or unlawful taking/driving of a vehicle. Consent can be a valid defense for charges of joyriding, even if it was obtained through fraud or trickery. However, consent given in the past is not a defense, and your use of the car must fall within the scope of the owner’s consent.
• False accusations: Falsely accused of GTA or joyriding is not uncommon. It could be a situation where someone initially gave you permission to use their car and then tried to revoke it, or you were with a group involved in joyriding, and they are trying to shift the blame. A skilled criminal defense attorney can help gather the relevant facts and challenge the prosecution’s evidence to ensure justice is served in such cases.

IMMIGRATION CONSEQUENCES

The immigration consequences of being charged under California Penal Code Section 487(d)(1) PC – Grand Theft Auto can vary depending on the specific circumstances and the individual’s immigration status. In general, a conviction for a crime involving moral turpitude, such as grand theft auto, can have serious immigration implications.

Under U.S. immigration law, convictions for crimes involving moral turpitude can result in various consequences for non-U.S. citizens, including:

• Inadmissibility: A conviction for a crime involving moral turpitude can render a non-U.S. citizen inadmissible to the United States. This means that they may be denied entry or a visa to the U.S., or they may be unable to adjust their status if they are already in the U.S. without legal status.
• Deportability: A conviction for a crime involving moral turpitude can also make a non-U.S. citizen deportable from the U.S. If a non-U.S. citizen is convicted of grand theft auto and they are already in the U.S., they may face removal proceedings and be subject to deportation.
• Negative impact on future immigration applications: A conviction for a crime involving moral turpitude can have a negative impact on future immigration applications, such as applications for a green card or naturalization. It can be considered a negative factor in determining an individual’s moral character, which is assessed during the immigration process.

It is important to consult with an immigration attorney to understand the specific immigration consequences that may apply in your case, as individual circumstances can vary. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

Sources:

• ILRC: Quick Reference Chart for Determining Key Immigration Consequences

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Yes, it may be possible to have a conviction for California Penal Code Section 487(d)(1) PC – Grand Theft Auto expunged in California.

Under California law, expungement is a process that allows individuals who have completed their sentence and probation to petition the court to have their conviction set aside and the case dismissed. Expungement does not completely erase the conviction from the individual’s criminal record, but it can provide certain benefits such as increased employment opportunities.

In order to be eligible for expungement, you must have successfully completed your sentence, including any probation or parole, and not be currently facing any new criminal charges. Additionally, certain offenses, such as serious felonies or offenses that require mandatory registration as a sex offender, may not be eligible for expungement.

Consult with an expungement attorney to assess your eligibility and guide you through the expungement process. They will be able to provide you with specific advice based on the details of your case.

RELATED CRIMES

• Carjacking – California Penal Code Section 215 PC
• Grand Theft – California Penal Code Section 487 PC
• Joyriding – California Vehicle Code Section 10851 VC
• Burglary and Auto burglary – California Penal Code 459 PC
• Carjacking – California Penal Code 215 PC
• Receiving stolen property – California Penal Code 496 PC
• Petty theft – California Penal Code 488 & 490.2 PC

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

It is crucial to understand that grand theft auto is a severe criminal act, and if convicted, it can lead to a felony charge on your criminal record and an extensive period of time in jail or prison. In case you are facing such charges, it is highly recommended that you consult with a Los Angeles Criminal Defense Attorney. Cyrus Tabibnia, a professional with over 19 years of experience handling grand theft auto cases, can help you. He is highly respected in the court system for his legal expertise and knowledge. You can avail yourself of a free consultation by contacting Cyrus at 866-713-2159. For more information regarding grand theft auto, you can reach out to him as well.

Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=487.&lawCode=PEN