California Penal Code § 487(d)(1) – Grand Theft Auto

Grand theft auto (GTA) is a serious criminal offense under California Penal Code § 487(d)(1).

The crime involves intentionally taking a vehicle belonging to another person without consent, with the intent to permanently deprive the owner or to retain possession long enough to materially interfere with their ownership rights.

Grand theft auto is aggressively prosecuted throughout and is classified as a “wobbler” offense, meaning prosecutors may file the charge as either a misdemeanor or a felony depending on the circumstances of the case.

If you are accused of grand theft auto, the consequences can be severe—including jail or prison time, heavy fines, and a permanent criminal record.

The criminal defense attorneys at the Hedding Law Firm in Los Angeles are here to help. Schedule your consultation at (866) 986-2092 or contact us here. 

What is Grand Theft Auto under Penal Code § 487(d)(1)?

California Penal Code § 487(d)(1) defines grand theft auto as the theft of a motor vehicle valued at $950 or more.

Unlike joyriding, grand theft auto focuses on intent—specifically, whether the accused intended to permanently deprive the owner of the vehicle or deprive them of its use for a substantial period of time.

Grand theft auto is commonly charged alongside Vehicle Code § 10851 (joyriding), especially when the prosecution believes the intent element may be disputed.

Elements of Grand Theft Auto (CALCRIM 1820)

To obtain a conviction for grand theft auto, the prosecutor must prove each element beyond a reasonable doubt:

  • You took a vehicle owned by someone else

  • You did not have the owner's consent

  • The vehicle was worth $950 or more

  • When you took the vehicle, you intended to:

    • Permanently deprive the owner of it, or

    • Deprive the owner of possession long enough to lose a substantial portion of its value or enjoyment

  • You moved the vehicle, even a short distance, and kept it for some period of time

If the prosecution cannot prove intent, the case may be reduced or dismissed.

Different Ways Grand Theft Auto Can Occur

Grand theft auto is not limited to physically stealing a car off the street. Other methods include:

  • Theft by trick or false pretenses – convincing the owner to hand over the vehicle through deception

  • Embezzlement – taking a vehicle that was entrusted to you due to a relationship of trust

  • Using a stolen vehicle to commit another crime (e.g., as a getaway car)

  • Stealing a vehicle to sell it for parts or resale

Each theory of theft carries different legal implications and defenses.

Penalties for Grand Theft Auto in California

Because GTA is a wobbler, penalties depend on how the charge is filed.

Misdemeanor Grand Theft Auto

  • Up to 1 year in county jail

  • Fines

  • Misdemeanor probation

Felony Grand Theft Auto

  • 16 months, 2 years, or 3 years in state prison

  • Fines up to $10,000

  • Formal felony probation

Sentence Enhancements for High-Value Vehicles

Additional prison time may apply if:

  • Vehicle value exceeds $65,000 → +1 year

  • Vehicle value exceeds $200,000 → +2 years

Related Offenses Often Charged With GTA

Prosecutors frequently file additional charges, including:

  • Vehicle Code § 10851 – Joyriding

  • Penal Code § 215 – Carjacking

  • Penal Code § 459 – Auto burglary

  • Penal Code § 496 – Receiving stolen property

  • Penal Code § 484(a) – Petty theft

Strategic defense often focuses on preventing charge stacking.

Common Defenses to Grand Theft Auto Charges

Grand theft auto cases are highly defensible, particularly when intent or consent is disputed.

Lack of Intent

The most powerful defense. If the prosecution cannot prove intent to steal, charges may be reduced to joyriding or dismissed.

Consent

If you reasonably believed you had permission to use the vehicle—even temporarily—you may not be guilty of GTA.

Claim of Right (Belief of Ownership)

If you honestly believed the vehicle belonged to you, even if mistaken, this may negate criminal intent.

False Accusation or Mistaken Identity

Some cases involve personal disputes, retaliation, or misidentification.

An experienced defense attorney will analyze surveillance, statements, vehicle records, and witness credibility.

Why Early Legal Representation Matters

Grand theft auto charges can escalate quickly—especially when prosecutors suspect involvement in other crimes. Early intervention can:

  • Prevent felony filing

  • Reduce charges to misdemeanor joyriding

  • Avoid prison exposure

  • Protect your record

Speak With a Los Angeles Grand Theft Auto Lawyer

If you are facing allegations under California Penal Code § 487(d)(1), do not speak to law enforcement without counsel.

Hedding Law Firm defends individuals charged with serious theft offenses throughout Los Angeles County.

📞 Call (866) 986-2092 to schedule a confidential consultation and begin building your defense.