California Penal Code 487(d)(1) defines the offense commonly known as “grand theft auto.” This law makes it a crime to take someone else's vehicle, worth $950 or more, without permission with the intent to deprive the true owner of the vehicle.
Prosecutors can charge this offense as a misdemeanor or a felony, called a "wobbler." A prosecutor will typically base their decision on the specific circumstances, the value of the vehicle, and your criminal history.
It's commonly known as “GTA” and is generally described as taking someone's vehicle without their consent with the intent to deprive the owner of the vehicle permanently.
Auto theft or vehicle theft in California can lead to charges for one of two different offenses. These are grand theft auto (GTA), under Penal Code 487(d)(1) PC, which is a form of the crime of grand theft. The other is unlawful taking or driving of a vehicle (joyriding) under Vehicle Code 10851 VC.
It should be noted that GTA is normally charged as a felony crime. In some cases, auto theft charges can be filed under different offenses depending on the details of the case.
For example, under California Vehicle Code section 10851, the unlawful taking of a vehicle ( known as “joyriding”) it's unlawful to take or drive another person's vehicle without the owner's consent when you intend to deprive the owner of possession for any period.
The main difference between GTA and joyriding is exactly how long you intend to keep the vehicle. If you intend to keep the vehicle you stole permanently, you will be charged with grand theft auto, in violation of Penal Code Section 487(d)(1).
In contrast, if your intent were just to drive the car around for a little while, you would normally face charges for joyriding, in violation of VC 10851. Additionally, in some cases, the prosecutor might even charge you with receiving stolen property in violation of California Penal Code Section 496.
A common example in Los Angeles County where you would face grand theft auto charges is stealing someone's vehicle with the intent to sell it to another person but changing your mind and abandoning it. Since you intended to permanently deprive the owner of possession of their car, this would be considered GTA.
If you find yourself accused of grand theft auto, in violation of PC 487(d)(1), it's crucial that you seek immediate legal advice. Contact a Los Angeles criminal defense lawyer at Eisner Gorin LLP to review your case.
On January 1, 2025, Senate Bill 905 officially went into effect, marking a significant tightening of California laws addressing theft from vehicles. Let's take a more thorough look at the legal definitions, penalties, and defenses below.
Legal Definition of Grand Theft Auto
California Penal Code Section 487(d)(1) describes grand theft auto as a theft of an automobile involving specific elements of the crime.
In order to convict you of GTA, the Los Angeles County prosecutor must be able to prove every element. These elements include:
- You took a vehicle owned by another person;
- You didn't have permission from the owner to take the vehicle;
- The vehicle was valued at $950 or more;
- You intended to deprive the owner of possession permanently
As stated above, the prosecutor must prove that you took another person's vehicle without the consent of the owner and with the intent to deprive them of possession of the vehicle permanently. In other words, they have to be able to prove your intent or what exactly you were thinking when you took the vehicle.
In Los Angeles County, a common example where the prosecutor could prove intent includes a situation where you took a vehicle to a chop shop to be disassembled for car parts and sold later. Other examples of intent could include altering the vehicle's identification numbers, attempting to sell the vehicle, or making significant modifications to the vehicle.
This example would certainly prove the intent to deprive the owner of the vehicle permanently, and grand theft auto, under California Penal Code Section 487(d)(1), would be the appropriate charge.
For GTA charges, you need to have intent to steal the vehicle permanently, or for at least long enough, to deprive the owner of significant enjoyment of the car.
It should be noted that in other situations, a prosecutor may find it difficult to prove exact intent. For more detailed information, contact a Los Angeles criminal defense attorney at our law firm.
Related Grand Theft Auto Offenses
As stated above, there are several related offenses to grand theft auto under PC 487(d)(1). These include:
- California Vehicle Code 10851 – Unlawful Taking of a Vehicle
- California Vehicle Code 10852 - Tampering with a Vehicle
- California Vehicle Code 2800.2 - Felony Reckless Evading
- California Penal Code Section 496 – Receiving Stolen Property
- California Penal Code Section 459 – Auto Burglary
- California Penal Code 666.5 - Auto Theft with a Prior
- California Penal Code Section 215 – Carjacking
- California Penal Code Section 212 - Fear in Robbery
- California Vehicle Code 10801 - Operating a Chop Shop
These offenses above are options for the Los Angeles County prosecutor based on the specific circumstances of your case.
Legal Penalties for Grand Theft Auto
Grand theft auto under California Penal Code Section 487(d)(1) is a “wobbler.” The prosecutor will typically decide to file the case as either a misdemeanor or felony based on the circumstances of the offense and your criminal background.
A misdemeanor conviction will carry a maximum sentence of one year in county jail.
However, it's important to note that grand theft auto is most often filed as a felony crime, carrying severe penalties. If convicted, you could face 16 months to 3 years in a Los Angeles County Jail or California state prison, and a fine of up to $10,000.
There are also legal penalty enhancements for high-value vehicles.
Legal Defense for Grand Theft Auto
Our criminal attorneys could use several effective legal strategies in your defense against charges of grand theft auto under Penal Code Section 487(d)(1). Every case is unique and requires a close review of all the specific details to determine the appropriate strategy.
The most common legal defenses include:
Lack of intent - As explained above, the key element of the crime for a prosecutor to prove for GTA is that you intend to deprive the owner of their vehicle permanently. Our criminal lawyers might be able to argue that you did not intend to keep the vehicle permanently or even steal it.
For example, when you have another person's car without their consent, we might be able to convince the prosecutor they don't have sufficient evidence to prove intent. If we are successful, we might be able to get the charges reduced to a misdemeanor joyriding offense under California Vehicle Code 10851, which carries significantly lesser penalties.
Consent – In some cases, our attorneys might be able to make an argument that you had a reasonable belief you had consent to take the vehicle. For example, you might have been initially permitted to take the vehicle, but there was a misunderstanding on how long you could keep the car.
If we can cast doubt that the vehicle was taken without permission, you probably won't be convicted of grand theft auto.
False accusation – In certain situations, our lawyers might be able to show that the GTA allegations against you are simply false.
For example, it might be possible to prove that your ex-spouse permitted you to drive their vehicle and then attempted to claim they did not permit you in an attempt to have charges filed against you out of anger, jealousy, or to use in a child custody battle.
A conviction for grand theft auto, in violation of California Penal Code Section 487(d)(1), can result in life-changing consequences. Therefore, if you have been accused of auto theft, call a Los Angeles criminal defense lawyer at Eisner Gorin LLP immediately.
Our law firm has decades of experience defending clients against these types of crimes and might be able to have your charges reduced or dismissed.
Related Pages: Theft Crimes | Evading Police
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