Auto Theft

California has two different statutes criminalizing auto theft. The only difference is whether the defendant intends to take the car temporarily or permanently. Each crime may be punished as a misdemeanor or a felony.

Theft and Unlawful Taking of a Vehicle

A person in California commits the crime of theft and unlawful taking or driving of a vehicle by:

  • driving or taking a vehicle belonging to another
  • without the owner’s consent
  • with the intent to permanently or temporarily deprive the owner of the vehicle
  • Unlawful taking is punished more severely if the vehicle is an ambulance or marked police or fire department vehicle

(Cal. Veh. Code § 10851.)

Theft and unlawful taking of a vehicle is sometimes referred to as joyriding. In many states, joyriding is a less serious crime than auto theft, but in California, the two crimes carry the same possible punishment.

For example, in California, a person who takes a car and intends to sell it could be convicted of either this crime or grand theft auto. However, a person who borrowed a friend’s car without permission and intending to return it could be convicted only of theft and unlawful taking.

Grand Theft Auto

Under California’s laws, grand theft auto is the taking of an automobile belonging to another with the intent to permanently deprive the owner of the vehicle. (Cal. Pen. Code § 487.)

Grand theft auto, or stealing an automobile or other vehicle, is a felony in most states, and may be punished by imprisonment. While the laws in each state are different, there are some general principles that apply in every state.

What is Grand Theft?

Theft crimes are divided into petty thefts, which are usually misdemeanors that are punished by up to one year in jail; and grand thefts, which are usually felonies, punishable by one year or more in prison. Grand theft is the theft of property worth more than a certain dollar amount, often between $500 and $1,000. However, in most states, theft of a car is always grand theft, even if the car is not worth very much.

Proving Grand Theft Auto

In order to convict a person of grand theft auto, the prosecutor must show that the defendant:

  • took or drove a vehicle
  • that belonged to someone else
  • with the intent to permanently deprive the owner of the object

A car can be taken in many ways. It can be left unattended with the keys, or it can be left unlocked and started without a key (hotwired), or it can be broken into and hotwired.

In many states, grand theft auto laws apply not only to the theft of cars, but also to the theft of boats, campers, motorcycles, and other vehicles. In some states, the crime of grand theft auto is committed only if the vehicle is taken on public roads (obviously, in such a state, theft of a boat would not be considered grand theft auto).

Defenses to Grand Theft Auto

The two primary defenses are that the defendant did not intend to permanently deprive the owner of the car or that the owner consented to the taking.

Intent

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). Joyriding is usually a misdemeanor and is a less serious offense than theft.

Consent

If the owner of the car consented to the taking, then there is no crime. However, the fact that the owner has previously permitted the defendant to drive the car does not establish consent; the question is whether the defendant had the owner’s consent to take the car on the particular occasion in question.

In some states, if a defendant takes a car that belongs to someone else, but that the defendant is sometimes permitted to drive and has keys (such as a child taking a parent’s car, or an employee taking a boss’s car) then the defendant may be guilty of a crime called taking without the owner’s consent (TWOC), which is a less serious crime than theft and is usually a misdemeanor.

Punishment for Grand Theft Auto

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.

Grand theft auto is usually a felony, and may be punished by:

  • imprisonment
  • restitution (repayment) to the victim for any damage to the car or for the owner’s loss of use of the car
  • a fine, or probation

Other Related Crimes

If a person breaks into a car before taking it, or into a garage, the person may also be guilty of burglary. (To learn more about burglary, see our page on Burglary) If a person takes a car from its owner or driver by force or with a weapon, the person may be guilty of robbery, assault, or carjacking. These crimes are usually felonies and carry harsher penalties than mere grand theft auto, sometimes as much as ten to 15 years in prison.

Carjacking

Carjacking is a much more serious crime than grand theft auto or theft and unlawful taking of a vehicle. Carjacking is the taking of an automobile from its owner or from the owner’s immediate presence by force or fear. For example, a person who forces a driver out of a car at gunpoint commits carjacking. For carjacking, it does not matter whether the defendant intends to deprive the owner of the vehicle temporarily or permanently.
(Cal. Pen. Code § 215.)

Defenses

The two primary defenses to auto theft are that the defendant did not intend to permanently deprive the owner of the car, or that the owner consented to the taking.

Intent

If a person in California takes a car but intends to return it to the owner, the person has not committed the crime of grand theft, but has committed the crime of theft and unlawful taking.

Consent

If the owner of the car consented to the taking, then there is no crime. However, the fact that the owner has previously permitted the defendant to drive the car does not establish consent; the question is whether the defendant had the owner’s consent to take the car on the particular occasion in question.

Penalties

In California, grand theft auto is a “wobbler”, which means that it may be either a felony or a misdemeanor, depending on how the crime is charged and, sometimes, how the judge or jury decides to treat a conviction.

When the crime is a misdemeanor, it is punishable by up to one year in jail. As a felony it is punishable by 16 months, two years, or three years in county jail.

Theft and unlawful taking is also a wobbler, punishable by one year, 16 months, two years, or three years in jail, and by a fine of up to $5,000.

Carjacking is a felony, punishable by a prison term of three, five, or nine years.

A second or subsequent conviction for grand theft auto or theft and unlawful taking is punishable under California’s Three Strikes Law.

For more information, see Three Strikes and You’re Out.
(Cal. Pen. Code §§ 215, 489, 1170(h); Cal. Veh. Code § 10851.)


Obtaining Legal Assistance

If you are charged with grand theft; auto theft or unlawful taking, you should contact the BAUM LAW CORPORATION as soon as possible. Besides time in prison or jail and a fine, a criminal record can have lasting consequences, including difficulty obtaining a job or a professional license or qualifying for certain government programs. Your best chance to avoid a criminal conviction is to work with an experienced local criminal defense attorney such as the experienced attorneys at BAUM LAW CORPORATION.

Call us for a free confidential consultation today!


In Los Angeles County, The Baum Law Corp. routinely handles armed robbery cases in:
Airport Court (LAX), Alhambra, Antelope Valley (Lancaster), Antelope Valley Juvenile, Bellfower, Beverly Hills, Burbank, Catalina, Central Arraignment (Bauchet), Compton, Downtown Los Angeles (CCB), Downey, East Los Angeles, Eastlake Juvenile, El Monte, Glendale, Hollywood, Inglewood, Inglewood Juvenile, Long Beach, Malibu, Metropolitan (Hill Street), Newhall, Norwalk, Pasadena, Pomona, Torrance, San Fernando Valley, Santa Clarita (Valencia), Van Nuys, West Covina, and Whittier.

Great Lawyer

I had the great opportunity to hire David Baum as a clerk in my law firm before he became a member of the California Bar. After passing the bar and going out on his own, David continued to work with me on cases and after 15 years has continued to demonstrate all that which a great lawyer does.

James Wohl   7/3/12

James Wohl

Attorney

Intelligent, professional, kind, and resourceful

David was referred to me for a case which involved oil and mineral rights which were never transferred to me by the seller. He is a fantastic resource. David is approachable, down to earth, extremely intelligent, professional, kind, and resourceful. And he’s great when it comes to answering his own phone! Thanks for all your help David! I know who I’ll be going back to the next time I need legal assistance.

Marcie E.         5/2/13

Marcie E.

client

David has never let me down

David Baum has been my attorney for over 10 years and a great support for me as well. We’ve been in a variety legal situations (over a dozen ) that we’re unusually tough and he has never let me down. I continuing to call David and refer him for 10+ years I hope speaks loudly for itself. Lastly, I’ll mention I believe Dave effectiveness is due to his mediation skills as I’ve seen him navigate through nasty courts , DAs, and complex complaints to get what’s best for me. Dave’s honest, And a really great person. I’ll be calling him later today as we move past another matter and he Always Gets Back to me!

Glenn K.          1/15/19

Glenn K.

client

Strong Recommendation!

Dave is thoughtful, to the point, and most of all — effective! I was involved in a Lyft accident as a passenger and he handled the case for me. He knew the process well and secured a fair settlement. Not only that, but he was respectful during COVID to meet me outdoors and wear a mask when we needed to meet in person. Strong recommend for me!

Carter S.   3/4/21

Carter S.

Client

Superb! Patience and partner-like approach

Dave is superb! Baum’s patience and partner-like approach with my 2 Lyft accident cases helped me receive both the comp and care I needed. All in a timely manner.  Also, Baum demonstrated respect for COVID through all of my proceedings during this unprecedented time. A phenomenal, respectful firm. Highly recommend.

Klay G. 3/6/21

Klay G.

client

Fantastic Job!

David  did a fantastic job representing me as a U.S. veteran. His research discovery skills proved in my favor. My wife and I highly recommend David Baum and his law firm.

Anthony E.       3/7/21

Anthony E.

Client

Most intelligent, caring, attentive, and responsive professionals that I’ve ever met

David is one of the most intelligent, caring, attentive, and responsive professionals that I’ve ever met in this industry. You would be lucky to have the opportunity to do business with him.  My daughter who is in college, was in a bad contract with the residential management company who were also slumlords taking advantage of young college students. David researched and found the chinks in their armor which ultimately led to our victory. He was patient with us and communicated clearly and directly with the management company. He acted with integrity and in a few short months my daughter was relieved of over 90% of the financial responsibility. Her credit was restored and she is now free from the stress of debt and harassment by creditors. I highly recommend Baum Law. This will be a decision that you will look back on and be happy that you made!

Shauna M.  3/9/21

Shauna M.

Client

Fair, Kind & Knowledgeable

I have used David’s legal services twice over the past 10 years. I can confidently say that David takes great pride in representing his clients, does his due diligence in thoroughly understanding the situation and making sure to address any and all concerns while using his extensive understanding of both the law and constitutional rights to put his clients in the best standing for the outcome of their case. David is unique in the sense that his motivations of his lawful pursuits are just and he is no ordinary lawyer wanting to run the clock to increase the money. David is fair, kind and knowledgeable, he makes himself available to answer questions and lets you know where you are at in the process to alleviate any unnecessary stress and anxiety. I would certainly recommend him to anyone looking for representation.

Tayler D.  2/10/24

Tayler D.

client

We are Eternally Grateful to the M***** Family for Referring You

We are writing to say a huge THANK YOU for your work in representing our son, Blake,
in the court appearance… We were not able to be there, but he was in he best of hands with you. You accomplished what we had hoped and prayed would be he outcome.

We are so thankful for our friend’s referral to you, since we do not have any
acquaintances in Los Angeles, and we were a total loss of what to do. We are eternally
grateful to the M***** Family for referring you.

Thank you again for your hard work and your dedication!

Skip & Sue Reisinger

Delivers Results

David delivers on his promises, works with his clients to assure success and is generous. David has been here as a business consultant and lawyer for the past few years. He is well polished, great at communication and delivers results. Thank you for all your help.
Hired more than once. Top qualities: Great Results, Expert, High Integrity

Hersh D.

Instrumental in Reaching a Favorable Outcome

David was incredibly helpful in dealing with my case. He provided
exceptional legal services for a reasonable cost. He handled my case
aggressively and proactively and was instrumental in reaching a
favorable outcome. He was readily available to meet for court
preparation and was able to address any questions and concerns I had
throughout the proceedings. I would not hesitate to contact him should any
arise in the future.

Donovan Gilbuena

Client

Thank You for Your Service to the Community

Although I do not know you, nor your firm, I wish to thank you, and all others working on the problems at Grand View….Sometimes it’s easy to forget that our work affects others . . . so, I wanted you to know that your efforts have impact on the lives of others.

Again, “Thank you!”

Robert B. Cushman

Schedule a free consultation