California Auto Theft Laws

Auto theft in California is a serious offense. Like all theft crimes, vehicle theft is a property offense and involves taking the vehicle without the owner’s consent. Auto theft differs from carjacking, a violent felony that involves forcibly obtaining the vehicle from the owner’s presence.

Under California law, auto theft can be a felony or a misdemeanor, depending on the circumstances of the crime. This type of offense, known as a “wobbler” in California, can result in a stay in county jail or in state prison. Grand theft auto charges are not necessarily subject to the three-strikes law, but repeat offenses can lead to enhancements on other felonies and result in a strike on the offender’s record.

California Auto Theft Laws

California has several different motor vehicle theft laws, depending on the perpetrator’s intentions for the stolen property after use. Let’s take a closer look at these offenses.

Grand Theft Auto

California Penal Code 487 defines grand theft auto as the taking of a vehicle without the owner’s permission or consent. The penal code section does not require the vehicle to have a specific value, only that the defendant take it and intend to keep it or deprive the owner of it.

The unlawful taking doesn’t require force. Related offenses may include fraud, embezzlement, or false pretenses.

Joyriding

Joyriding differs from grand theft auto because there is no intent to permanently deprive the owner of their vehicle, although that often results. California Penal Code section 10851 defines joyriding as taking or driving another’s vehicle without permission. The joyriding statute includes a provision for intent to permanently deprive the owner. In general, this criminal charge is used when a defendant takes a person’s vehicle without consent but later abandons it.

Joyriding is a felony charge if the theft involves a police vehicle, an ambulance, or if the offender has prior convictions. There is no set period of time that separates joyriding from auto theft. The intent of the defendant determines the offense.

Burglary and Burglary Tools

After an increase in auto thefts involving high-end vehicles, California amended its laws to include electronic “key fob” devices used to break into vehicles and buildings. Possession of these devices is a crime, just as possession of burglary tools is.

California’s burglary statute makes auto burglary the same offense as breaking into any other locked structure. Under this statute, a vehicle must be locked for the crime to be burglary.

Carjacking

Carjacking is a subsection of California’s robbery statutes. Unlike auto theft, it is always charged as a felony. Carjacking means taking a vehicle in the presence of the owner of the vehicle, through force or fear of force.

Penalties

Grand theft auto and joyriding are “wobbler offenses” in California. They can be misdemeanors or felonies, depending on the circumstances of the offense and other factors. Penalties for a vehicle theft conviction include:

• Felony grand theft auto is punishable by a prison sentence of 16 months, two years, or three years, fines of up to $10,000, or both
• Felony joyriding is punishable by a prison sentence of two, three, or four years, a fine of up to $10,000, or both
• Misdemeanor grand theft auto and misdemeanor joyriding are punishable by jail time of up to one year, fines of up to $5,000, or both.

Both offenses are subject to California’s gun and drug enhancements. Car theft and joyriding charges will not add to a defendant’s three-strikes charges, but they can increase the effect of related crimes.

Defenses

If you face auto theft charges, it’s a good time to consider getting a criminal defense lawyer. These defense strategies may apply to involvement with a stolen vehicle:

• Owner consent: This is the most common defense. It requires proving that the owner gave you explicit or implied permission to use the vehicle. In a joyriding case, permission on a previous occasion does not apply to the current offense.
• Lack of intent: If you intended to return the vehicle or the prosecution cannot show you meant to permanently deprive the owner of the car, you could face lesser charges.
• Belief of ownership: Sometimes called “claim of right,” a dispute over ownership or title can show that you thought you took your own property. Having paperwork to back this up is important.

For an auto burglary charge, which is usually more serious than auto theft, the vehicle must be locked. If the door or window was open, the act was not auto burglary.

Related Resources

If you want to learn more about California auto theft laws and other crimes, the links below provide helpful information:

• Property Crimes
• California Theft/Larceny Laws
• California Criminal Laws

Get Legal Advice From a California Criminal Defense Lawyer

The distinction between felony auto theft and misdemeanor joyriding depends on the offender’s intentions. Your statements and actions after an auto theft charge can be particularly important. If you’re facing auto theft charges, contact a qualified California criminal defense attorney for help in your legal case.