San Bernardino Grand Theft Auto Attorneys

Defending Californians who have been charged with grand theft auto crimes in San Bernardino.

Have you been charged with grand theft or grand theft auto? Are you trying to make sense of the laws in San Bernardino? These laws can be confusing because you can be charged with a misdemeanor or a felony, with two very different set of consequences. If you are facing charges of grand theft or grand theft auto, it’s important that you have your case reviewed by a team of experienced criminal defense lawyers in San Bernardino. Don’t let just anyone have control of your future.

What is Grand Theft and Grand Theft Auto?

Penal Code 487 refers to California’s grand theft laws, which is the unlawful taking of someone else’s property, when the property is valued higher than $950. An example of grand theft is stealing a piece of jewelry worth $1,500 from a store.

Grand theft auto is a type of grand theft that refers to the unlawful taking or driving of a vehicle. An example of grand theft auto is stealing someone’s car to get away from a crime. If you took the car and intended to keep it for a long time, you can be charged under Penal Code 487(d)(1). If you only intended to take the car for a quick spin, you will probably be charged with joyriding under Vehicle Code 10851.

Penalties for Grand Theft in San Bernardino

Grand theft cases involve higher priced items and vehicles, so the penalties are stiffer than with petty theft cases. In most cases, grand theft crimes are wobblers, which means they can be charged as felonies or misdemeanors. This is left to the prosecutor’s discretion based on the circumstances of the crime and your past criminal history.

If you are convicted of a misdemeanor, your penalty will likely include felony probation with up to one year in county jail. If you are convicted of a felony, your punishment may include felony probation with up to one year in county jail or sixteen, two or three years in county jail.

Wobbler penalties largely depend on the San Bernardino criminal defense attorneys who are defending your case. A strong team will use the best legal defense and be successful in getting the charges reduced or dismissed.

Penalties for San Bernardino Grand Theft Auto

Grand theft auto is also a wobbler crime in San Bernardino. Technically, you can be charged with a misdemeanor or felony. That said, grand theft auto under Penal Code 487(d)(1) is usually charged as a felony and carries a possible jail sentence of sixteen months, two years or three years. Whether you are charged with a felony or misdemeanor depends on the circumstances of your crime and whether this is your first offense or not.

Legal Defenses to Grand Theft Charges

If you are being charged with grand theft or grand theft auto, there are several legal defenses that can be used to support your case. You do not have to plead guilty and hope for the best. You can fight these charges and get the best outcome from your case.

Below are the most common legal defenses used in grand theft cases.

• Lack of intent. If you didn’t intend to steal an item or a vehicle, you cannot be charged with grand theft. However, we will need to show why you were absent-minded on that particular day. For example, if you are a busy mom of four kids and forgot to pay for something in your cart, this is not grand theft.
• Claim of right. If you reasonably believed that you had the right to take the item, then you are not guilty of grand theft. To use this defense, we must be able to show why you had a reasonable belief that the item or vehicle belonged to you. If you tried to conceal your actions, this defense cannot be used.
• If someone else consented to you taking the item, then you are not guilty. If you did have consent, you must have used the item in the way it was intended to be. If you took the item and then used it for a different purpose, we cannot use this defense.
• False accusations. There is also the possibility that you are being falsely accused for a crime you did not commit. It may be an innocent false accusation that you took something, or it could be someone trying to frame you. Either way, a strong legal defense team is necessary.

Related Offenses to Grand Theft Auto

If you are being charged with grand theft auto, there are other charges that you may receive as well. Remember, grand theft auto can be charged in two ways – GTA or joyriding – and you may also be charged with:

• Burglary and auto burglary (PC 459). To be convicted of this crime, the prosecution must prove that you entered a building with the intention of committing theft.
• Carjacking (PC 215). If the victim accuses you of using physical force or the fear of physical force to steal the car, you can be charged with carjacking. Carjacking is a felony that carries a state prison sentence of three, five or nine years.
• Receiving stolen property (PC 496). It is a crime to buy, receive, conceal, sell or withhold any item that you know to be stolen.
• Petty theft (PC 488 and 2). If the item you stole was less than $950, you will be charged with petty theft instead of grand theft.

Call and Speak with Our Grand Theft Crimes Attorneys

As you can see, grand theft and grand theft auto cases are not handled leniently. These are serious crimes that can result in fines, jail time and probation, as well as having a criminal record. Everyone makes mistakes, so do not let one bad call determine the rest of your life. Our affordable criminal defense attorneys in San Bernardino have over 50 years of courtroom experience and a highly impressive track record. Contact us today for your free consultation and to discuss the circumstances of your case.