Grand Theft Auto Attorney

An Overview of Grand Theft Auto (GTA)

PC 487(d)(1) is the statute that makes it a crime to take another person’s car whose worth is above $950 without consent, intending to deprive the owner of the car.
GTA consists of several elements of the offense that the prosecution team should be able to demonstrate to obtain a conviction for GTA. These case elements include the following:

• You took possession of someone else’s automobile
• The vehicle’s worth was above $950
• The car owner did not permit you to drive their vehicle
• When you took control of the vehicle, you intended to either deny its owner permanently or take over the vehicle to gain substantial value or enjoyment.
• However brief, you moved or drove the vehicle and kept it in your possession

Defining Joyriding

Joyriding, also called unlawful taking or driving an automobile, differs from a GTA charge. The elements of the crime of joyriding are:

• You drove or took someone else’s vehicle without their permission
• When you took possession of the car, you intended to deny the owner access.

Therefore, the main difference between GTA and the joyriding of a car is:

• The crime of GTA occurs if you intend to steal the vehicle permanently or for long enough to deprive the rightful owner of its significant value or enjoyment.
• On the other hand, joyriding occurs if you intend to deny the owner access to their vehicle for any duration, no matter how short.

If a joyriding charge is prosecuted as a California misdemeanor, the penalties can include a maximum jail term of one year and fines not exceeding five thousand dollars. If charged as a felony, the consequences include:

• Sixteen months, 2 (two) years, or 3 (three) years
• A fine of up to ten thousand dollars

You could face stiffer consequences for stealing specific types of cars. You face a felony joyriding charge punishable by 2 (two) to four years in jail and a maximum fine of ten thousand dollars if the following applies:

• The car you took or drove had modifications to allow disability use
• The automobile you stole was an ambulance on standby for an emergency
• If the car you took unlawfully was a designated police or fire vehicle that was on an emergency call

If you hold a previous conviction for grand theft, joyriding, or stealing cargo, the prison sentence can increase to two to 4 years and a fine not exceeding ten thousand dollars.

Penalties and Sentencing of GTA

Violating PC 487(d)(1) is a type of grand theft and attracts the same penalties.

GTA is a wobbler. A wobbler is a crime that the prosecution team can prosecute as a felony or misdemeanor depending on certain case circumstances, like:

• The value of the motor vehicle
• How you took the car
• The suspect’s previous criminal record, relating to auto theft convictions

A misdemeanor conviction carries a year in county jail, while a felony conviction is punishable by the following potential penalties:

• A jail sentence of sixteen months to three years
• Maximum fines of $10,000
• Formal probation with a one in jail

The court can also order you to pay restitution. You could be marked inadmissible in the United States or deported as an immigrant. Finally, depending on your occupation, your licensing board can suspend or revoke your professional license.

The penalties could also increase if the vehicle stolen was of a significant monetary value. The enhancement penalties can include the following:

• One additional year in jail for vehicles valued above $65,000
• Two additional years in jail sentence for cars valued above $200,000.

Legal Defenses Against a GTA Charge

A GTA conviction is consequential. Therefore, you require a robust defense that can lead to a reduction of the charges or a case dismissal. Potential defenses that your attorney can develop after evidence collection and thorough case review include the following:

Owner’s Consent

You had the vehicle’s owner’s consent only applied in cases of joyriding, not grand theft cases.

Having the car owner’s permission only applies to that particular time. Therefore, consent cannot be a defense if it rests upon past permission.

Furthermore, consent as a case defense is only effective if you had the car within the owner’s permitted hours.

Insufficient Evidence

Like any crime, if the prosecutor has insufficient proof to demonstrate that you breached the relevant elements of a GTA charge, the judge could dismiss your charges or render a not-guilty decision. The prosecution must show you engaged in the offense commission beyond a reasonable doubt.

False Allegations

False allegations can occur in GTA and joyriding cases. These allegations primarily consist of spouses where one party allows the other to take possession of the car but then withdraws the permission following a disagreement. Other cases consist of friends who choose to joyride together. Nevertheless, some may settle on a fall guy to accuse GTA.

Skilled, proven, and experienced lawyers can gather the case facts and recreate the events resulting from the false allegation. Your attorneys will present the facts while cross-examining witnesses to demonstrate to the jury glaring inconsistencies of what happened.

Lack of Intent

As outlined earlier, the key element the prosecution team must prove to secure a GTA conviction is that you intend to deprive the owner of their automobile permanently. Your criminal attorneys could argue you did not intend to hold on to the vehicle permanently or steal the car.

Belief of Ownership

There may not be legal grounds for a GTA charge if the vehicle’s ownership partially or fully belongs to you. The prosecution team will not file charges if you had sufficient grounds to believe you were the vehicle’s owner, irrespective of any misplaced belief.

Related Offenses

Related offenses that the prosecution can charge alongside or in place of grand theft auto include the following:

Carjacking under PC 215

Carjacking occurs if you forcefully take a car from its owner’s possession or their vicinity. The crime is a felony because of its potential danger to its alleged victims.

If you are found guilty, you could face the consequences below:

• A maximum sentence of 9 years in California state prison
• Fines of not more than $10,000

If the crime involves using a deadly weapon or a gun, the punishment increases significantly. The suspect could face:

• Incarceration of life imprisonment in a state prison without parole
• Fines of up to ten thousand dollars

Burglary and Automobile Burglary (PC 459)

A burglary occurs when you enter an enclosed space or building to commit petty theft or a felony. On the other hand, auto burglary consists of entering another person’s car to engage in theft or a felony.

If it is alleged you entered someone’s garage to steal their vehicle, the prosecutor could charge you with the following two offenses:

• Burglary for gaining unauthorized entry into someone else’s garage
• GTA for taking possession of their automobile.

Suppose you illegally gained access to someone else’s vehicle to steal it. In that case, you will be prosecuted for auto burglary, even if the attempt failed.

Burglary is a California felony, attracting sixteen months, 2 (two) years, or 3 (three) years in county jail. The penalty could be up to 6 years in California state prison if the defendant committed the crime in an inhabited trailer or house.

Receiving Stolen Goods

Receiving stolen goods involves knowingly receiving, buying, concealing, or aiding in the selling or withholding of property that has been stolen or obtained by theft or extortion. The offense involves a wide range of conduct, from purchasing stolen goods to simply hiding them for the thief.

Receiving stolen goods is a California wobbler. The prosecutor charges it either as a felony or misdemeanor based on the actual value of the stolen item and the suspect’s criminal record.

If the estimated value is below $950, the crime becomes misdemeanor and attracts a one-year jail term and a maximum fine of one thousand dollars. If the stolen goods value is $950 or above, or if the accused has a previous conviction for a felony, the crime becomes a felony with penalties of 3 years in California state prison and fines not exceeding $10,000.

Robbery (PC 211 PC)

California law defines robbery as the taking of someone else’s personal property from their person or immediate presence without their permission using threats or force.

Robbery is a felony offense and not the same as GTA, a wobbler that can later be lowered to a California misdemeanor. A conviction is a strike per California’s three strikes law.

Some case facts can substantially attract more penalties. These sentencing enhancements include committing the crime using a deadly weapon or firearm

The punishment upon conviction depends on whether it was a first- or second-degree robbery. The punishment for a second-degree conviction includes:

• Serving two, 3, or 5 years in state prison
• Fines not exceeding $10,000
• Informal felony probation

If the first-degree robbery involves a home invasion or occurred in an occupied building or dwelling and you committed the crime with two other individuals, the punishment includes 3 (three), 6 (six), or 9 (nine) years in California State Prison.

A first-degree robbery conviction will attract:

• Three to 6 (six) years in state prison
• Maximum fines not exceeding $10,000
• Formal probation

A judge can impose formal probation instead of jail time for robbery but could require to serve at least one year in county jail.

Petty Theft

In California, petty theft involves stealing an automobile valued at $950 or below. Grand theft occurs if the vehicle’s value exceeds $950. Petty theft charges for a car valued at $950 or below could apply.

You may also have additional charges if you have previous convictions for crimes requiring sex offender registration or serious felonies like child molestation, sexual crimes, or murder.

The offense is a misdemeanor if the prosecution team charges you with petty theft for stealing a car valued at $950 or below. It attracts a punishment of a six-month county jail sentence and a fine of up to one thousand dollars.

That was not always the case before the passage of Prop. 47. All California auto theft cases were deemed GTA regardless of the car’s worth. Therefore, you can appeal your sentence per Prop. 47 if you have a GTA for stealing an automotive worth less than $950.

The Role of a Criminal Defense Lawyer

The critical role of a criminal attorney includes the following:

Comprehensive Investigations

Your attorney will thoroughly investigate the case facts and the available evidence against you. They will conduct witness interviews, collect forensic evidence, including fingerprints, and assess police reports to build a strong case defense. The comprehensive examination allows your lawyer to spot any inconsistencies or weaknesses in the prosecution’s arguments.

By delving deeper into witness statements and conducting proper investigations, they seek to uncover facts that can support your innocence or cast doubt on the credibility of key witnesses.

Negotiating Plea Bargains and Dispositions

Your criminal defense attorney will strive to obtain the most favorable case outcomes by carefully assessing potential plea offers and considering potential repercussions, your legal goals, and your preferences. In other words, the lawyer will deliberate with the prosecution team to achieve mutually acceptable terms. The attorney will leverage their legal knowledge and the case‘s intricacies to advocate for lessened charges or alternative sentencing options while seeking the defendant’s best interests.

A plea bargain is an agreement between the defendant and the prosecutor whether the accused pleads guilty to the crime in exchange for a reduced sentence or penalty agreed upon in advance.

The defense attorney will typically navigate the negotiation procedure by:

• Reviewing plea bargain offers — Lawyers thoroughly review the specifics or terms of each plea bargain offer offered by prosecutors. They consider potential dispositions like lessened charges or alternative sentencing options. The aim is to help the defendant determine whether the deal aligns with their interests.
• Pressing for the most favorable terms — The attorney consults the defendant, discusses available options, and seeks their consent before negotiating with the prosecution team. The lawyer could propose modifications or waivers when reviewing the plea terms with the prosecution to ensure the deal serves you better.
• Advocating for alternative sentencing —Defense lawyers seek alternative sentencing options instead of incarceration. Alternative sentencing involves recommending rehabilitation programs, probation, or community service.

In criminal trials, plea deal negotiations between the defense lawyers and the prosecution team are critical in determining case outcomes that balance the parties’ involved interests. By leveraging their legal expertise and conducting strategic deliberations, your criminal defense attorneys should work tirelessly to obtain favorable plea deals for you.

Preparing For Case Hearings

An essential part of preparing for proceedings is ensuring you are ready for the courtroom experience. Attorneys often perform mock interviews and simulate cross-examination to help you familiarize yourself with the prosecution’s question procedure. The preparation consists of rehearsing responses to potential questions from both sides, training you on keeping your composure under pressure, and guiding you on effectively communicating your version of events. By conducting these simulations, you gain the confidence to handle the intense scrutiny of a trial, ultimately enhancing the possibility of a favorable case outcome.

Preserving Your Case for Appeal

Preserving a case for appeal is essential to trial preparation. Defense lawyers must be vigilant in making timely objections in the trial to ensure that they take note of any procedural violations or legal errors. Doing so establishes a thorough record that could be reviewed by an appellate court if need be.

Appropriately preserving issues for an appeal enables the defense to contest a conviction or sentence on legal grounds following the conclusion of the trial.

Lawyers protect their clients’ constitutional rights by focusing on the immediate defense and potential for appeal and laying the groundwork for possible future legal challenges. How to Prepare for Your Initial Consultation With Your Criminal Defense Attorney

The following vital steps as you get ready for a legal consultation with a defense attorney include:

Collect Relevant Evidence

You should bring along your legal identification or driving license. At the consultation, you should also bring the following documents:

• Personal contact details
• Police reports
• Written information on your professional and personal background
• Indictments
• Bail paperwork, if available
• Any protective order information
• Felony or misdemeanor complaints
• Property search papers, if available
• Documentation of any previous arrests or convictions
• Details of your scheduled court date

You should bring any photographs, emails, texts, videos, voicemails, or documents that can support your defense. If you are still uncertain if an item will be helpful, carry it anyway. Providing your attorney with more details will prepare them to defend you better.

Write the Chronological Order of Events

Establish an orderly story or narrative of what happened before, during, and after the incident in question. Write as many specific details as you can recall, like times, street addresses, times, descriptions of people and rooms, car makes and models, and types of weapons used.

Make a comprehensive list of all individuals present when the offense happened. Write down a detailed account of things people mentioned and any usual details you remember.

When the police arrived, how did they approach you, and what did they ask you while conducting your arrest? Offer as many details as you can in this report. Your lawyer will evaluate these details and request additional information to assist with the investigation. They can also use it to determine whether the police violated your legal rights.

Avoid Making Social Media Posts Concerning Your Case

You could damage your case before it starts by making social media posts about it. Avoid sharing details of your arrest, pending charges, or other aspects of the criminal proceedings. Also, refrain from commenting, liking, or logging on to any apps or social pages.

Even if your social media account settings are private, friends or acquaintances could screenshot your information. Criminal investigators have the expertise of scouring social media and discovering any details that could bolster their case.

While you may assume the danger is minor, why risk avoidable questioning or potential negative repercussions? While your trial is underway, your safest choice is to avoid using social media entirely.

Avoid Bringing Along Friends and Loved Ones to the Consultation

While family or a friend would want to be at the meeting with you to provide support, request them to remain at home for the consultation. The reasons are that they can be a source of distraction, and their presence can lead you to withhold confidential details that could help your attorney build a robust defense.

Additionally, bringing a loved one to your consultation waives your right of attorney-client privilege. The prosecution team can force your loved one to testify against you in court.

Make a List of Questions You Seek to Ask Your Lawyer

Legal consultation is a two-way street. It is an avenue for your lawyer to learn about you and the case against you while you learn about them. Because you may feel nervous during the consultation, write down your questions beforehand and bring them along.

These questions can include:

• What are the possible penalties?
• How long will the criminal judicial process take?
• Are there chances for the judge to drop your charges?
• Is it wise to accept the prosecutor’s plea bargain offer?