Grand theft auto, commonly called GTA, is a serious California theft offense defined under Penal Code 487(d)(1).
This law makes it a crime to intentionally take someone else's vehicle without consent and with the intent to permanently deprive the owner of possession.
In Los Angeles County, prosecutors aggressively pursue grand theft auto charges. A conviction can result in jail or prison time, substantial fines, and a permanent criminal record.
If you are accused of stealing a vehicle, immediate legal representation is critical.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Grand Theft Auto Under Penal Code 487(d)(1)?
Under California law, grand theft auto occurs when someone unlawfully takes a vehicle valued at more than $950 with the intent to steal it.
To secure a conviction, prosecutors must prove the following elements beyond a reasonable doubt:
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You took a vehicle that belonged to someone else
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You did not have the owner's consent
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The vehicle was worth more than $950
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You intended to permanently deprive the owner of the vehicle or deprive them of a substantial portion of its value or use
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You moved the vehicle, even a short distance
Intent is a key element of the crime.
Grand Theft Auto vs. Joyriding – Vehicle Code 10851
Many defendants charged with grand theft auto are also charged under Vehicle Code 10851, commonly referred to as joyriding.
The difference generally depends on intent:
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Penal Code 487(d)(1) applies when there is an intent to permanently deprive the owner
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Vehicle Code 10851 applies when someone drives or takes a vehicle without permission, even temporarily
Joyriding is also a wobbler offense, but is often charged as a misdemeanor.
What Is a “Wobbler” Offense?
Grand theft auto is classified as a wobbler in California. This means the prosecutor has discretion to file the case as either:
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A misdemeanor
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A felony
The decision depends on:
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The value of the vehicle
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The circumstances of the offense
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Your prior criminal record
In Los Angeles County, GTA is commonly filed as a felony.
Penalties for Grand Theft Auto
Misdemeanor Grand Theft Auto
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Up to one year in county jail
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Fines
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Informal probation
Felony Grand Theft Auto
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16 months, 2 years, or 3 years in county jail
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Fine up to $10,000
Sentence Enhancements
If the vehicle is high-value:
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$65,000 or more may add one year
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$200,000 or more may add two years
Repeat offenders may face harsher penalties.
Related California Offenses
Grand theft auto cases may involve related charges such as:
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Vehicle Code 10851 – Joyriding
California Penal Code 465 PC makes it a crime to unlawfully enter a locked vehicle or its trunk with the intent to commit theft or another felony upon entry. Each charge carries different penalties and legal elements.
Common Defenses to Grand Theft Auto
Every case is fact-specific. Common defense strategies include:
Lack of Intent
The prosecution must prove you intended to steal the vehicle. If intent cannot be proven beyond a reasonable doubt, charges may be reduced or dismissed.
Consent
If you reasonably believed you had permission to use the vehicle, that may serve as a defense.
Claim of Right
If you believed the vehicle belonged to you, even mistakenly, you may argue a good-faith ownership belief.
False Accusation or Mistaken Identity
Disputes between family members, partners, or acquaintances sometimes lead to false allegations.
Insufficient Evidence
If the prosecution cannot prove all required elements, the case may be dismissed.
An experienced Los Angeles criminal defense attorney can evaluate the facts and develop the strongest strategy.
Frequently Asked Questions
Is grand theft auto always a felony?
No. It is a wobbler offense and can be charged as a misdemeanor or felony.
Can grand theft auto charges be reduced?
Yes. In some cases, felony GTA may be reduced to misdemeanor joyriding.
What if I intended to return the vehicle?
Intent is critical. Temporary use may support a reduction to Vehicle Code 10851.
Can I get probation instead of jail?
In certain cases, probation may be available, especially for first-time offenders.
Will a conviction affect my record?
Yes. A conviction creates a permanent criminal record, though expungement may be possible later.
Grand Theft Auto Defense in Los Angeles
Los Angeles prosecutors take vehicle theft seriously. Many cases involve:
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Surveillance footage
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License plate readers
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DNA evidence
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Witness identification
Early intervention can:
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Prevent formal charges
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Reduce felony exposure
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Negotiate plea agreements
The sooner you consult with a criminal defense attorney, the more options you may have.
Speak With a Los Angeles Criminal Defense Lawyer
If you have been arrested or charged with grand theft auto under Penal Code 487(d)(1), do not wait.
An experienced Los Angeles criminal defense attorney can:
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Review the evidence
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Challenge the prosecution's case
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Negotiate reduced charges
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Fight for dismissal
Contact our office today for a confidential consultation and case evaluation.
Your defense strategy begins immediately. The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
