Los Angeles Grand Theft Auto Defense: Understanding California PC § 487(d)(1) and VC § 10851 Charges

Facing grand theft auto or taking a vehicle without owner’s consent charges in Los Angeles can lead to serious consequences, including jail or prison time, fines, and a criminal record that impacts your employment and driving privileges. Under California Penal Code § 487(d)(1) and Vehicle Code § 10851, these offenses involve unlawfully taking or driving someone else’s vehicle. At Rogers | Beltran LLP, our experienced Los Angeles grand theft auto defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain the types of charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

Types of Grand Theft Auto and Vehicle Theft Charges in California

California law distinguishes between grand theft auto and taking a vehicle without consent based on intent and the nature of the offense. The primary charges include:

1. Grand Theft Auto (PC § 487(d)(1))

  • Description: Involves taking a vehicle valued over $950 with the intent to permanently deprive the owner of it.
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on the vehicle’s value, criminal history, or circumstances.

2. Taking a Vehicle Without Owner’s Consent (VC § 10851)

  • Description: Involves taking or driving a vehicle without the owner’s consent, with or without intent to permanently deprive. Commonly referred to as “joyriding.”
  • Key Factors: A wobbler offense; applies to temporary use (e.g., borrowing a car without permission) or permanent theft.

3. Aggravated Vehicle Theft

  • Description: Enhancements apply for factors like prior convictions, high-value vehicles (e.g., luxury cars), or theft during a state of emergency.
  • Key Factors: Increases penalties, often leading to felony charges.

4. Related Charges

  • Description: These offenses may be charged alongside related crimes, such as:
    • PC § 496 (receiving stolen property, if the vehicle is sold or concealed).
    • PC § 459 (burglary, if entry into a locked vehicle occurs).
    • VC § 23109 (speed contest, if the vehicle is used in street racing).
  • Key Factors: Multiple charges can compound penalties and complicate defense strategies.

What the District Attorney Must Prove in a Grand Theft Auto or Vehicle Theft Case

To secure a conviction under PC § 487(d)(1) or VC § 10851, the Los Angeles DA must prove specific elements beyond a reasonable doubt:

For Grand Theft Auto (PC § 487(d)(1)):

  1. Taking a Vehicle: You took a vehicle belonging to someone else.
  2. Intent to Permanently Deprive: You intended to permanently deprive the owner of the vehicle.
  3. No Consent: The owner did not consent to the taking.
  4. Value or Type: The vehicle’s value exceeds $950, or it qualifies as grand theft (e.g., specific vehicles like farm equipment).

For Taking a Vehicle Without Owner’s Consent (VC § 10851):

  1. Taking or Driving: You took or drove a vehicle belonging to someone else.
  2. No Consent: The owner did not consent to the taking or driving.
  3. Intent: You intended to deprive the owner of possession, even temporarily, or to permanently deprive them.
  4. Knowledge: You knew or should have known the vehicle was taken without permission.

The DA relies on evidence such as police reports, surveillance footage, witness statements, vehicle recovery, or your statements. An experienced Los Angeles grand theft auto attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Grand Theft Auto and Vehicle Theft Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 487(d)(1) and VC § 10851 charges. Common defenses include:

  1. Lack of Intent:
    • If you did not intend to permanently or temporarily deprive the owner, you may not be guilty.
    • Example: You borrowed a friend’s car, believing you had permission.
  2. Consent from Owner:
    • If the owner consented to you taking or driving the vehicle, no crime occurred.
    • Example: The owner verbally allowed you to use the car, despite later claiming otherwise.
  3. False Accusations:
    • Charges may stem from misunderstandings or false claims, such as disputes with family or friends.
    • Example: A relative falsely reported their car stolen after a disagreement.
  4. Insufficient Evidence:
    • The prosecution may lack evidence to prove intent, knowledge, or that you took the vehicle.
    • Example: No fingerprints or video place you in the vehicle.
  5. Mistaken Identity:
    • If you were not the person who took or drove the vehicle, you cannot be held liable.
    • Example: Another individual with a similar description stole the car.
  6. Vehicle Value Dispute (for PC § 487(d)(1)):
    • If the vehicle’s value is $950 or less, felony grand theft charges may be reduced to misdemeanor petty theft.
    • Example: The prosecution overestimates the value of an older vehicle.

At Rogers | Beltran LLP, our Los Angeles grand theft auto defense lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for Grand Theft Auto and Vehicle Theft Convictions in California

Penalties for PC § 487(d)(1) and VC § 10851 convictions depend on the charge, circumstances, and your criminal history. As of July 2025, potential consequences include:

Misdemeanor Grand Theft Auto (PC § 487(d)(1))

  • Jail Time: Up to 7 months in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with restitution or community service.
  • Restitution: Payment to the owner for any damage or loss.

Felony Grand Theft Auto (PC § 487(d)(1))

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $5,000 (plus fees).
  • Probation: Formal probation with conditions like restitution or community service.
  • Felony Record: Impacts employment, housing, and professional licenses.

Misdemeanor Taking a Vehicle Without Consent (VC § 10851)

  • Jail Time: Up to 7 months in county jail.
  • Fines: Up to $1,000 (plus fees).
  • Probation: Up to 3 years of informal probation.
  • License Suspension: Possible DMV suspension for up to 6 months.
  • DMV Points: 2 points on your driving record.

Felony Taking a Vehicle Without Consent (VC § 10851)

  • Prison Time: 16 months, 2, or 3 years in state prison (up to 7 years if aggravating factors, like prior convictions, apply).
  • Fines: Up to $7,000 (plus fees).
  • License Suspension: Up to 1 year or longer.
  • Felony Record: Impacts employment and housing.

Additional Consequences

  • Increased Insurance Premiums: A conviction can lead to higher rates or loss of coverage.
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like law, real estate, or transportation.
  • Civil Lawsuits: Owners may sue for damages, increasing financial liability.

What Else Should You Know About Grand Theft Auto and Vehicle Theft Charges in Los Angeles?

Grand theft auto and vehicle theft charges under PC § 487(d)(1) and VC § 10851 can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The Grand Theft Auto and Vehicle Theft Charge Process in Los Angeles

  1. Investigation: Police investigate based on owner reports, surveillance footage, vehicle recovery, or witness statements. Arrests may occur during traffic stops or after tracking a stolen vehicle.
  2. Arrest and Booking: You may be booked and released on bail or your own recognizance.
  3. DMV Hearing: VC § 10851 convictions may trigger a DMV review, potentially leading to license suspension. You have 10 days from arrest to request a hearing.
  4. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., from felony to misdemeanor) or result in diversion.

Why You Need a Los Angeles Grand Theft Auto Attorney

Navigating PC § 487(d)(1) and VC § 10851 charges requires legal expertise due to complex evidence and DMV consequences. An experienced attorney can:

  • Challenge the prosecution’s evidence, such as proof of intent, to seek dismissal or reduction of charges.
  • Negotiate plea deals or diversion to avoid convictions.
  • Represent you in court and DMV hearings to protect your driving privileges.
  • Mitigate impacts on your employment or immigration status.

At Rogers | Beltran LLP, our Los Angeles grand theft auto defense attorneys have a proven track record of helping clients mitigate the consequences of these charges.

How to Protect Yourself After a Grand Theft Auto or Vehicle Theft Charge

  1. Do Not Admit Guilt: Avoid discussing the case with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of communications, receipts, or witnesses supporting your defense (e.g., proof of consent to use the vehicle).
  3. Request a DMV Hearing: Contact the DMV within 10 days of arrest to challenge license suspension (for VC § 10851).
  4. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or diversion programs.

Los Angeles-Specific Considerations

  • Urban Environment: Los Angeles’s dense neighborhoods and parking lots (e.g., Downtown, Hollywood) increase vehicle theft reports, but crowded settings can provide defense opportunities (e.g., mistaken identity).
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Compton Courthouse, each with unique procedures.
  • Police Enforcement: LAPD uses advanced tools like license plate readers and sting operations, which can be challenged for procedural errors.

Contact Rogers | Beltran LLP for Expert Grand Theft Auto Defense in Los Angeles

A California grand theft auto or vehicle theft charge under PC § 487(d)(1) or VC § 10851 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles grand theft auto attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.