The distinction between grand theft auto and joyriding lies primarily in the perpetrator’s intent. Grand theft auto involves the unauthorized taking of another’s vehicle with the intention to deprive the owner of it permanently or substantially. Classified as a form of auto theft, this crime is deemed serious and often results in a felony charge in many states, potentially leading to a prison sentence exceeding a year.

Keep reading to learn more about this crime and contact Simmons Wagner, LLP at (949) 439-5857 if you are facing any type of theft charges and require help from a criminal defense attorney.

Grand Theft Auto in the Legal Context

Grand theft auto (GTA) is a term denoting auto theft in various states. However, it can also be referred to as:

• Vehicle larceny
• Felony theft
• First-degree theft
• Auto theft
• Car theft
• Motor vehicle theft

In states like California, GTA is articulated by California Penal Code 487(d)(1). The critical components of this crime include:

• The unauthorized taking of someone else’s car
• The car’s value is more than $950
• The absence of the owner’s consent
• The displacement of the car, albeit minor, and retaining it for any duration
• The intention to deprive the owner of the vehicle permanently or significantly

The Origins of the Term “Grand Theft Auto”

The term grand theft auto stems from the object of theft being a car and is a part of the classification of theft crimes:

• Petty theft, involving items of lower financial worth
• Grand theft, involving pricier items

In California, the demarcation between petty and grand theft is set at $950. Hence, if a car valued less than $950 is stolen, it would fall under petty theft rather than grand theft auto.

Joyriding and Grand Theft Auto: How They Differ

Joyriding is a distinct legal offense that doesn’t necessitate an intent to permanently or substantially deprive the owner of their vehicle. In essence, joyriding involves taking the owner’s car for any duration. There can be instances where defendants may face charges for both grand theft auto and joyriding arising from a single event.

Carjacking: Another Separate Crime

Carjacking is differentiated from grand theft auto as it necessitates the use of force or threats to force the owner out of the vehicle to commit the theft. The constituting elements of carjacking include possession of a car, forceful taking against the owner’s will, and an intention to deprive the owner of their vehicle.

The Consequences of a Conviction

Grand theft auto is regarded as a low-level felony offense in many states, which can result in a prison term of over a year, probation, and fines. In California, it’s classified as a “wobbler,” meaning it can be prosecuted as either a misdemeanor or a felony depending on the defendant’s criminal history and the circumstances surrounding the offense.

Defending Against Grand Theft Auto Charges

Numerous legal defenses can be employed against a grand theft auto charge. They may include lack of intent to steal, good faith belief of ownership, insubstantial deprivation to be classified as grand theft auto, consent from the owner, or false accusations. Given the severe penalties associated with a conviction, it is prudent to reach out to a local law firm, like Simmons Wagner, LLP, and seek the assistance of a criminal defense attorney to contest these charges. You can contact us at (949) 439-5857.