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There has been a spike in car-related crimes nationwide over the last few years. California has seen a spike in car-theft related crimes as well.
In California, there are two main types of car-related thefts: Grand Theft Auto and Carjacking. While they may sound similar, they are very different crimes with very different consequences.
Grand Theft Auto (California Penal Code 487) is a serious crime in California. Grand theft auto is defined as the taking of someone else’s property without their consent with the intent to permanently deprive them of that property. In other words, it’s stealing something worth more than $950.00.
Some examples of grand theft auto include stealing a car, taking a purse or wallet from someone’s car, or breaking into a car to steal items inside.
If you are convicted of grand theft auto, you could face up to 3 years in prison and/or a fine of up to $10,000.00.
In a grand theft auto case, the prosecution must prove that you took someone else’s property without their consent and with the intent to permanently deprive them of that property. This can be proven through eyewitness testimony, video footage, or physical evidence.
Some defenses to grand theft auto include mistake of fact, a claim of right, and consent.
Carjacking is a related crime to grand theft auto. Carjacking is the taking of a car from another person by force or threat of force.
More specifically, California Penal Code 215 defines carjacking as “the felonious taking of a vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the vehicle.”
Carjacking is a felony in California and is punishable by up to nine years in prison.
A strike under California law is a serious and violent felony. A strike can be added to your sentence if you are convicted of a crime that is classified as a “strike” under California’s Three Strikes Law.
Carjacking is considered a strike offense under California Law.
If you or a loved one is facing grand theft auto charges or other criminal charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience. They know the law, and they’re not afraid to take your case to trial.
In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients. Our ultimate goal is to deliver the best results that can be achieved in your case— whether that be by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.
With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.
Call (866) 811-4255 right now for your free consultation.
We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.
If you have been accused or charged with grand theft auto, it is important to speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
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