In cases of Grand Theft Auto, if a defendant is convicted of more than one offense, the punishment and the jail time increase under the California Three Strikes Law.
Grand Theft Auto can be charged under two different laws:
1) If Grand Theft Auto is charged under California Penal Code Section 487(d), it is always charged as a felony. As a felony, the sentencing range will be 16 months, 2 years or 3 years in a state prison. Besides jail, a conviction may also require parole of 3 years or formal probation.
2) If, however, the Grand Theft Auto is charged under California Vehicle Code Section 10851 (Vehicle Theft) and there are no prior convictions, it can be charged as a misdemeanor with less of a penalty. Misdemeanor sentencing is up to a year in county jail and may involve 3 years of informal probation along with restitution, fines and community service.
It is critical that it is understood that to be arrested for Grand Theft Auto that law enforcement need only have probably cause to believe a crime has been committed. The prosecutor must ultimately prove that the defendant did not own the vehicle, that the vehicle was taken without the consent of the owner, that the vehicle was taken with intent to deprive the owner and other aspects of the crime.
Defenses for Grand Theft Auto are complex and require a highly skilled defense attorney who will make all the different since the consequences for Grand Theft Auto can be far reaching and very serious, affecting not only the defendant’s family but also their ability to obtain professional licenses and even employment. At Rizio & Nelson, we understand
all of the complex defenses that are available in all grand theft
charges from shoplifting to grand theft auto. Call us twenty four
hours a day, seven days a week for a free consultation if you or
someone you know is charged with, may be charged with or is currently
under investigation for any grand theft charge.
We thank you for visiting the website
of California Grand Theft Attorney, Lawyer.
Legal information presented at this
site should not be construed to be formal legal advice, nor the
formation of a lawyer or attorney client relationship. |