If a person takes a car but intends to return it to the owner, the person has not committed the crime of theft, only the crime of unlawful taking or driving of a car also called joyriding. Because joyriding involves a temporary rather than permanent deprivation, the penalties for joyriding tend to be less severe than auto theft.
If the owner of the car consented to the taking, then no crime was committed. However, the fact that the owner has previously permitted the defendant to drive the car does not establish consent for taking the car on the particular occasion in question. Also, in some states, a separate crime applies when a person has possession of another's car with their consent say an employee has keys to a company car but uses the car for an unauthorized purpose say to drive to a casino.
In this situation, the person might be convicted of unauthorized use of a vehicle—a less serious crime than auto theft. Depending on the circumstances of the theft, a person could be looking at even more serious charges. If a person breaks into a car before taking it, or into a garage, the person could also be guilty of burglary. Carjacking or robbery. If a person takes a car from its owner or driver by force or with a weapon, the person may be guilty of robbery , armed robbery , assault , or carjacking.
These crimes are usually felonies and carry much harsher penalties than mere grand theft auto, sometimes as much as 20 years to life in prison. Punishment varies from state to state and depends on the circumstances of the crime and whether the defendant has any prior convictions. In some states, the more the stolen property is worth, the harsher the punishment will be.
However, if it appears that it was your intention to keep the car permanently or for a long time period, you may be charged with grand theft auto. California law enforcement takes vehicle theft crimes very seriously.
Grand theft auto is a form of grand theft and, thus, any time the property stolen in a case of grand theft is an automobile, the defendant is charged with grand theft auto.
He was so knowledgeable, and always made sure I understood everything every step of the way. I would definitely recommend him to anyone who wants an understanding, caring, and truly helpful lawyer. Grand theft auto implies the intention to permanently steal the vehicle or deprive the owner of the vehicle. This may include using the stolen car as a getaway car from another crime, stealing a car in order to strip it or sell it for parts, or intending to steal a car permanently but later abandoning it somewhere.
In order to be convicted of grand theft auto, the prosecutor must prove that you:. Although the most common form of grand theft auto is by larceny the typed of scenarios described above , it is also possible to be convicted of grand theft auto for doing any of the following:. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
Award Recipient. Other Information. Criminal Defense Articles. It may be by force, trick or false pretenses. The offense can be filed as a misdemeanor or a felony. The sentencing and punishment for theft crimes felony theft crimes and misdemeanor theft offenses is determined by whether the offense is considered grand theft or petty theft under California Penal Code and The severity of penalties associated with a conviction depends upon the value and character of the property taken.
Grand theft of a firearm is always charged as a felony offense. There are also other factors that can increase your sentence for a grand theft conviction beyond this range. These include but are not limited to:. If you have been convicted three or more times for petty theft, grand theft, auto theft, burglary, carjacking, or robbery, a subsequent petty theft conviction can be charged as either a misdemeanor or felony.
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