Vehicle Theft – GTA

“Grand Theft Auto” is defined in California statute Penal Code 487(d)(1).

This section makes it a crime to take someone else’s vehicle, worth $950 or more, without permission, and with the intent to deprive the true owner of the vehicle. It can be charged as a misdemeanor or a felony.

There are two types of vehicle theft

• Grand theft auto, and
• The unlawful taking or driving of a vehicle (also known as “joyriding”) under Vehicle Code 10851.

The difference is in the length of time the vehicle was taken. GTA requires permanently depriving the owner of their vehicle while Joyriding is usually for a short period of time.

Grand theft auto under Penal Code 487(d)(1) is a wobbler in California law. This means that they both may be charged as either a misdemeanor or a felony, depending on (1) the circumstance of your case, and (2) whether you have any prior convictions for this or other offenses.

GTA Defenses:

• You did not intend to steal or permanently drive the owner (does not apply to Joyriding)
• The car actually belonged to you
• You believed the car belonged to you
• The owner consented to you taking the vehicle, and/or
• You were falsely accused—you didn’t take the vehicle.

GTA Penalties:

Felony GTA:

• 16 months, 2 years or 3 years
• Immigration Consequences
• Loss of Government Assistance Programs
• Loss of firearms

Misdemeanor GTA for first offenses:

• Up to $5,000 fine, and/or
• County jail for up to 1 year

Penal Code Section 487.

Grand theft is theft committed in any of the following cases:

(a) When the money, labor, or real or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b).

(b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases:

(1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250).

(B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value.

(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250).

(3) Where the money, labor, or real or personal property is taken by a servant, agent, or employee from his or her principal or employer and aggregates nine hundred fifty dollars ($950) or more in any 12 consecutive month period.

(c) When the property is taken from the person of another.

(d) When the property taken is any of the following:

1. An automobile.
2. A firearm.

(Amended by Stats. 2013, Ch. 618, Sec. 7. (AB 924) Effective January 1, 2014.)

Have you been accused of GTA or grand theft auto?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a *free consultation with our GTA lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.