LA Carjacking and Grand Theft Auto Lawyer

Los Angeles Carjacking, Joyriding and Auto Theft Attorney

Vehicle thefts are very common in Southern California.  There are many ways that cars are stolen, including illegal towing, hiding a vehicle that is subject to repossession, stealing car keys (e.g. from a valet, gym locker), borrowing a car without permission, stealing a parked car without the key, stealing an occupied vehicle (carjacking).  Vehicles are valuable and often easily stolen and turned over for quick cash.

All vehicle theft crimes are treated seriously in California.  If you or a loved one has been arrested or charged with an auto theft offense, you might see some of the following charges on booking information, or court paperwork:

Los Angeles Grand Theft Auto Lawyer
Grand Theft Auto, pursuant to PC 487(d)(1), occurs when someone takes another person's vehicle with the intent to permanently deprive the rightful owner (or deprive the rightful owner of possession long enough to deny the rightful owner significant value and enjoyment in their own property.  Defenses to grand theft auto include: lack of intent to steal, defendant actually had permission, defendant owned the vehicle, defendant thought they had permission, false accusations, Fourth Amendment challenges to the stop and more.  Grand Theft Auto is a "wobbler" but even first offenses are typically charged as felonies, punishable by up to 3 years in California State Prison.  Penalties are more severe for high-value vehicles and emergency vehicles.

Los Angeles Unauthorized Use of a Vehicle Attorney
Temporarily taking a vehicle that belongs to someone else, without the owner's permission, is a separate offense under VC 10851.  Due to the lack of intent to keep the car (or sell it), "joyriding" is still a serious offense, but prosecuted less harshly than Grand Theft Auto.  Also a wobbler, VC 10851 is often charged as a misdemeanor for a first offense.  A subsequent offense will be a felony, punishable by up to 4 years in state prison.  A first offense, if filed as a felony, is punishable by up to 3 years in prison.

Los Angeles Carjacking Attorney
Carjacking is the taking of a vehicle from the owner's immediate presence accomplished by force or fear.  This is the most serious of California's vehicle theft laws because of the violence or threat of violence involved.  Few things would be more terrifying than being forced from your vehicle, or, perhaps worse, forced to remain in the vehicle as it is driven away by a robber (also kidnapping, pursuant to PC 207).  Due to the severity of the offense, it is punishable by up to 9 years in California State Prison.  It is subject to enhanced penalties if: someone is injured, a firearm is used, the crime is committed for the benefit of a gang, or if the driver or other occupant is kidnapped during the carjacking.  Defenses include: false accusations, mistaken identity, lack of force/fear, Fourth Amendment challenges to the stop, Fifth Amendment (Miranda Rights) challenges to confessions and more.

Los Angeles Receiving Stolen Property Lawyer
Receiving stolen property is very often charged alongside theft offenses.  A defendant cannot be convicted of both receiving stolen property and the principal theft, but prosecutors usually charge both the theft and receiving stolen property in theft cases.  This allows for easier proof of the elements.  If, for example, a driver is pulled over driving a stolen vehicle, the police may have difficulty proving that the driver was the one who committed the theft.  It may, however, be easier to prove that the defendant knew or should have know that the vehcile was stolen (e.g. the condition of the car, ignition, broken windows, made clear that the vehicle was stolen).  Receiving stolen property is a wobbler, punishable by up to 3 years in prison as a felony.

Los Angeles Auto Burglary Lawyer
Entering a vehicle, like entering a structure, with the intent to commit a felony or theft therein is burglary under California law (PC 459).  Entering a garage to take a vehicle would be a burglary, even if the auto theft attempt does not work out.  Auto burglary is a more likely charge if there is no evidence of intent to take the vehicle, but an illegal entry took place.  People might break into a car to steal the car, but might also break into the car to steal valuable contents, car radios, and even change.

Being arrested and facing criminal charges is scary, stressful and can have disastrous effects on your life.  An auto theft offense is likely to be a crime involving moral turpitude for immigration reasons and may affect professional licensure, employment and more.  If you or a loved one has been arrested or charged with Grand Theft Auto, Carjacking, Joyriding, Receiving Stolen Property, Auto Burglary or any other criminal offense in Los Angeles, contact the Law Offices of Nicholas Loncar for a Free Consultation.  We can discuss your specific case in detail, evaluate the strength of the government's case, your defenses and start to create a defense strategy to achieve the best possible result in your case.

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful LA Criminal Defense Resources:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule