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Market Your Law Firm. Lawyer Directory. Call us at 1 Auto Theft Laws in California. Stealing a vehicle or taking it on a joyride can result in a felony.
Learn more about California's auto theft laws. Let's explore these crimes. Auto Theft California law defines theft as the intentional and unlawful taking and carrying away of another's property, with the intent to permanently deprive the owner of the property. Proposition 47 Unlawful Driving or Taking of a Vehicle Joyriding California also makes it a crime to: drive or take a vehicle belonging to another without the owner's consent, and with the intent to permanently or temporarily deprive the owner of possession of the vehicle.
Enhanced Penalties Enhanced penalties apply for taking a vehicle that is an ambulance, a marked police or fire department vehicle on an emergency call, or a vehicle modified and identified for use by a disabled veteran or person. Carjacking: Theft or Unlawful Taking of a Vehicle Plus Robbery Carjacking is a much more serious crime than grand theft auto or unlawful taking or driving of a vehicle. Defenses The two primary defenses to auto theft and unlawful taking of a vehicle are: the defendant lacked the intent to steal the vehicle permanently or the owner consented to the taking.
Obtaining Legal Assistance If you are charged with auto theft, unlawful taking or driving of a vehicle, or carjacking, contact a criminal defense attorney in California as soon as possible. Different Types of Auto Theft Auto theft charges can vary depending on the circumstances.
Can I Get an Expungement in Tennessee? November 1. October 2. September 2. August 2. July 2. June 2. May 2. April 2. March 2. February 2. January 2. December 2. November 2. First Horizon Plaza , S. Under the General Theft Statute, the value of the item taken is what dictates the penalty. The more valuable the item that was taken, the larger the penalty. The other part of the penalty is that the defendant would be required to return the motor vehicle to the victim or be obligated to pay the owner the full value of the motor vehicle.
From a penalty perspective, there is possible incarceration and the significant amount of money that the defendant may be required to pay. If a person has a prior conviction for theft, there actually is a Subsequent Offender Punishment that can be imposed. With all enhanced penalties, the State has the burden of giving notice of their intent to pursue the enhanced penalty and have to advise the defendant as to what prior convictions they are depending on to prove their case.
But if it is a second or a subsequent conviction, the possible incarceration jumps to one year. It is important to note that Amendments to the General Theft Statute take effect in the fall of If the defendant has no prior record, this increases the possibility that the court may go along with a suspended sentence, not do any active jail time and instead be placed on probation.
It is also possible that the judge would consider the evidence given that the defendant is struggling with some sort of mental health issue or addiction issues. Reduced sentencing options vary.
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