An auto theft crime is the unlawful taking of another person’s automobile. The word “automobile” includes motorcycles, cars, trucks, and other types of automobiles. In California, stealing a vehicle is called auto burglary.
The state defines auto burglary as entering any vehicle using forced entry with the intent to commit a felony or larceny. Larceny is defined as either petty or grand larceny.
Yes, a defendant can be charged with petty/grand larceny or a felony committed after the auto burglary.
Grand larceny is taking anything valued at more than $950.
Petty larceny is taking anything valued at less than $950.
A prosecutor has to prove two things:
This charge can be a misdemeanor or felony because it’s a second degree charge. Since auto burglary is a wobbler, Prosecutors have the discretion to charge a defendant with either a misdemeanor or a felony.
A second degree misdemeanor conviction can result in up to 364 days in county jail. If the prosecutor charges auto burglary as a second degree felony conviction, the sentence could be 16 months to three years in county jail.
Specific defenses depend on the exact circumstances of the situation and lawyer’s advice. However, some general defenses include:
Yes. Contact a criminal lawyer regarding your auto theft charge to learn more about your rights.
Last Modified: 05-13-2016 10:53 AM PDT
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