Other defenses to theft in general may include intoxication, duress, or mistake of fact. It is important that you consult with a skilled and knowledgeable criminal defense attorney if you are facing grand theft auto charges or other similar issues. The crime of grand theft auto can be difficult to defend against, and an attorney will be best educated in helping you face your charges and assert your best legal defenses. Finally, they can represent you in court at any necessary hearings.
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Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Drug Crimes. Speeding and Moving Violations. White Collar Crime. Grand theft can mean prison time, while a person convicted of petty theft might face jail time.
In many states, grand theft auto laws apply not only to the theft of cars but also to the theft of boats, campers, motorcycles, and other vehicles. The two primary defenses to auto theft are that: 1 the defendant did not intend to permanently deprive the owner of the car, or 2 the owner consented to the taking.
If a person takes a car but intends to return it to the owner, the person has not committed the crime of theft, only the crime of unlawful taking or driving of a car also called joyriding. Because joyriding involves a temporary rather than permanent deprivation, the penalties for joyriding tend to be less severe than auto theft.
If the owner of the car consented to the taking, then no crime was committed. However, the fact that the owner has previously permitted the defendant to drive the car does not establish consent for taking the car on the particular occasion in question. Also, in some states, a separate crime applies when a person has possession of another's car with their consent say an employee has keys to a company car but uses the car for an unauthorized purpose say to drive to a casino. In this situation, the person might be convicted of unauthorized use of a vehicle—a less serious crime than auto theft.
Depending on the circumstances of the theft, a person could be looking at even more serious charges. If a person breaks into a car before taking it, or into a garage, the person could also be guilty of burglary. Carjacking or robbery. If a person takes a car from its owner or driver by force or with a weapon, the person may be guilty of robbery , armed robbery , assault , or carjacking.
The offense can be filed as a misdemeanor or a felony. Three years is the maximum punishment if convicted of felony GTA, before sentencing enhancements apply, if any. Probation is possible in certain cases.
Without these sentencing enhancements, one convicted of misdemeanor grand theft auto faces a maximum one year sentence in county jail, plus restitution to the victim for the value of the car and sometimes to law enforcement for their expenses in locating and recovering the car. If the client is convicted of felony grand theft auto, he or she faces a minimum of sixteen months and a maximum of three years in state prison, plus restitution similar to that facing one convicted of misdemeanor grand theft.
The defenses to grand theft auto begin with consent of the owner. Discuss these Grand Theft Auto definitions with the community: 0 Comments.
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