Penal Code 487(d)(1) PC

PC 487(d)(1) – Grand Theft Auto

PC 487(d)(1) - Grand Theft Auto

California Grand Theft Auto – Table of Contents

Penal Code 487(d)(1): Grand Theft Auto – Overview

Grand theft auto is more than just a game. In fact, it is considered a serious crime in California. Grand theft auto, or GTA as it is sometimes called, is described under the California Penal Code Section 487(d)(1) PC.

This statute makes it illegal for an individual to take someone else’s vehicle worth $950 or more without the vehicle owner’s consent with the intention to permanently deprive the owner of their automobile.

The most common way for people to commit grand theft auto is usually a theft by larceny, where someone simply takes a motor vehicle without consent.

Nonetheless, there are other ways for a person to be in violation of the Penal Code 487(d)(1) PC. A person can commit grand theft auto if they steal a car:

  • By false pretense where they pretend to buy a car but fail to actually for it
  • By tricks such as an individual choosing to keep a rented or loaned car
  • By embezzlement, where a person abuses a position of trust to illegally obtain another person’s vehicle

California PC 487(d)(1) – Sentencing

According to the Penal Code 487(d)(1) PC, grand theft auto is considered a wobbler crime. This means, depending on the circumstances of the case, and the defendant’s history. Violating the PC 487(d)(1) statute can be charged as, either a misdemeanor or a felony. In most cases, grand theft auto is usually charged as a felony case.

If convicted for a misdemeanor, the penalty involves incarceration of one year in county jail.

If convicted for a felony, the defendant could be sentenced to a jail sentence of up to three years in jail. You should note that there may be an additional charge for the grand theft auto of high-value cars.
If the car was valued at $65,000 or more, the defendant will get an additional year in jail.

However, if the car was valued at$200,000 or more. Then the defendant will get two additional years in incarceration.

  • Crimes Related to Grand Theft Auto
  • Operating a Chop Shop – California Vehicle Code Section 10801 VC
  • Joyriding – California Vehicle Code Section 10851 VC
  • Carjacking – California Penal Code Section 215 PC
  • Auto Burglary – California Penal Code Section 459
  • Petty Theft – California Penal Code Section 484(a)
  • Grand Theft – California Penal Code Section 487
  • Receiving Stolen Property – California Penal Code Section 496

California 487(d)(1) – Prosecuting

A great way to have an edge in your case, if you are in violation of the Penal Code 487(d)(1) PC, is to understand, which strategies the prosecutor will use against you. For the prosecutor to have you convicted for grand theft auto, they have to prove without a reasonable doubt that:

  • The defendant took a car owned by another person.
  • The defendant did not have the vehicle owner’s permission to take the vehicle.
  • The vehicle was worth $950 or more.
  • When the defendant took the car, they had the intention to either
  • Permanently deprive the owner of their car
  • Keep the car for a significant period that would allow the owner to be deprived of its value or enjoyment.
  • The defendant moved the vehicle, no matter how short a distance, and kept it for some time.

Remember, theft by larceny, is not the only way to commit grand theft auto. A prosecutor can get you convicted if they prove you committed grand theft auto by false pretense, trick, or embezzlement.

California 487(d)(1) – Defending

Just because you are accused under the Penal Code 487(d)(1) PC does not mean you cannot fight the case. There are several strategies that a criminal defense attorney can use to argue your case and get the charges dismissed, or at the very least reduced.

Claim of Right

You cannot be convicted under Penal Code 487(d)(1) PC if you actually owned the vehicle you are being accused of taking without permission. This also applies if the accused argues they had good faith to believe that the car they were taking actually belonged to them, and it turned out, later on, they were wrong. The defense can argue that they had a claim to right and avoid a conviction.

Lack of Intent

The accused needs to have the intention to actually take a car without the owner’s permission and deprive them of it. Therefore, if the accused did not have the intent, the defense can use this in their argument.

Nonetheless, this will leave them vulnerable to a joyriding charge. Joyriding has less severe penalties.

Falsely Accused

It is possible that there is not enough evidence to connect you to the crime, and you were falsely accused of committing the crime.

GTA – Hire Us

If you or your loved one find themselves facing charges under the Penal Code 487(d)(1) PC. What you are going to need is an excellent criminal defense attorney like Seppi Esfandi. With over 20 years under his belt handling criminal cases, Esfandi is the right person to help defend your Grand Theft Auto case.
 

Need a Criminal Defense Attorney? CALL NOW: 310-274-6529

Seppi Esfandi is an Expert Criminal Defense Attorney who has over 21 years of practice defending a variety of criminal cases.

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How to Win Your Case

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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