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California Penal Code Section 487(d)(1) PC: Grand Theft Auto
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California Penal Code Section 487(d)(1) PC: Grand Theft Auto
If you take someone else’s car in California without their permission and intend to permanently deprive them of it, you could be charged with grand theft auto under California Penal Code Section 487(d)(1). This law makes it a felony to steal a car worth $950 or more. Let’s break down the key things to know about this law.
What is Grand Theft Auto?
Under Penal Code Section 487(d)(1), grand theft auto is when you take someone else’s vehicle without their consent and intend to either:
- Permanently deprive the owner of the vehicle, or
- Deprive them of the vehicle for so long that it causes a substantial loss in value or use
The vehicle must be worth at least $950 for it to qualify as grand theft auto. If it’s worth less than that, it would likely be charged as petty theft auto under a different law.
Elements of Grand Theft Auto
For a prosecutor to convict you of grand theft auto, they need to prove these elements:
- You took a vehicle belonging to someone else
- You took the vehicle without the owner’s consent
- When you took the vehicle, you intended to permanently or substantially deprive the owner of value or use
- The vehicle was worth $950 or more
Some other offenses related to grand theft auto include:
- Carjacking – taking a vehicle by force or fear
- Grand theft – stealing property worth over $950
- Joyriding – taking a vehicle temporarily without intent to steal it
Penalties
Grand theft auto is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or felony. If charged as a felony, potential penalties include:
- 16 months, 2 years, or 3 years in county jail
- Up to $10,000 in fines
- Informal probation up to 5 years
- Up to 5 years of formal probation
If there are aggravating factors, like prior convictions, penalties can be even more severe. Grand theft auto can also count as a “strike” under California’s Three Strikes Law if charged as a felony.
Defenses
There are several legal defenses that a skilled criminal defense lawyer could use to contest grand theft auto charges, such as:
- You had consent to take the vehicle
- You intended to return the vehicle and only used it temporarily (joyriding)
- You believed you had consent to take the vehicle (mistake of fact)
- Someone else took the vehicle without your knowledge
- You were falsely accused or mistakenly identified
Recent Changes to Grand Theft Laws
In 2014, California passed Proposition 47, which raised the felony threshold for grand theft from $400 to $950. This means thefts under $950 are now charged as misdemeanors unless they involve the theft of firearms, vehicles, or other specific property.
Proposition 47 also created a process where people previously convicted of felonies that now qualify as misdemeanors under the new law can petition to have their convictions reclassified and reduced.
Hiring an Attorney
Being charged with grand theft auto can have significant long-term consequences on your criminal record and future. An experienced criminal defense lawyer can help advise you of your rights and build the strongest defense to contest the charges. They may be able to negotiate reduced charges or penalties on your behalf as well.
Don’t wait to get legal help if you or a loved one is facing grand theft auto charges. The sooner you have skilled representation guiding you, the better your chances of the best possible outcome in your case.
References
- California Penal Code Section 487
- Grand Theft Auto Laws in California – Penal Code 487d1 PC
- California Penal Code Section 487(d)(1) PC: Grand Theft Auto
- California Penal Code §§ [Sections] 487(a) – (d) – Grand Theft