Juvenile Car Theft in California: Grand Theft Auto vs. Joyriding

Grand Theft Auto vs. Joyriding: How California Charges Minors in Car Theft Cases

When a minor is charged with car theft in California, understanding the difference between grand theft auto (GTA) and joyriding is crucial. Each charge carries different penalties, and how your child is charged can depend on factors like intent, the value of the vehicle, and their criminal history.

At The Law Offices of Arash Hashemi, we know that navigating juvenile car theft charges can be overwhelming for both parents and minors. With over 20 years of experience, we focus on providing a strong defense to protect your child’s rights and future. Whether the charge involves grand theft auto or joyriding, having a knowledgeable juvenile defense attorney on your side can make all the difference in achieving a favorable outcome.

If your child is facing car theft charges, contact our office today at (310) 448-1529 to discuss the case and explore your legal options.

What Is Grand Theft Auto (GTA)?

Grand Theft Auto, often referred to as GTA, is the act of stealing a vehicle with the intent to permanently deprive the owner of it. In California, GTA is typically charged under California Penal Code Section 487(d)(1) and is considered a form of grand theft, meaning the value of the stolen property—in this case, a vehicle—exceeds $950.

Key Elements of Grand Theft Auto:

• Intent to Permanently Deprive: To be charged with GTA, the prosecution must prove that the minor intended to permanently take the vehicle away from its owner. This means the minor planned to keep, sell, or destroy the vehicle, rather than just use it temporarily.
• Value of the Vehicle: For a charge of GTA, the stolen vehicle’s value must exceed $950.

Penalties for Grand Theft Auto

Grand theft auto is considered a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history. However, for minors, the charges and penalties may differ based on their age, prior offenses, and the severity of the crime.

For adults or juveniles charged as adults, penalties for felony GTA can include:

• Up to 3 years in state prison (for a felony conviction).
• Fines of up to $10,000.
• Probation, depending on the circumstances.
• Restitution to the vehicle’s owner for damages or loss.

For minors, the case is often handled in juvenile court, and the penalties may involve:

• Placement in a juvenile detention facility.
• Probation with strict conditions, such as curfews and school attendance.
• Restitution to the victim.
• Completion of a juvenile rehabilitation program.

The court will take into account the minor’s age, prior criminal history, and other mitigating factors when determining the punishment. However, the consequences can be severe, particularly if the theft involved additional crimes, such as driving under the influence or reckless driving.

What Is Joyriding?

Joyriding is often considered a less severe offense than grand theft auto. Joyriding, defined under California Vehicle Code Section 10851(a), involves taking a vehicle without the intent to permanently deprive the owner of it. Instead, joyriding occurs when a person takes a vehicle to use temporarily, such as driving it around for a short period before abandoning it or returning it. Unlike grand theft auto, where the value of the vehicle must exceed $950, the value of the vehicle in joyriding cases is less significant. The focus is more on the intent to use the vehicle temporarily, not on its worth.”

Key Elements of Joyriding:

• Intent to Temporarily Use the Vehicle: The main distinction between joyriding and GTA is the lack of intent to permanently keep the vehicle. In joyriding cases, the defendant only intended to use the car temporarily, without permission.
• Duration of Use: While the length of time the vehicle was used can be a factor, even briefly taking a vehicle without the owner’s consent qualifies as joyriding.

Both grand theft auto and joyriding are considered wobbler offenses in California. A wobbler refers to a crime that can be charged as either a misdemeanor or a felony, depending on the specific circumstances. Factors that influence whether the offense is charged as a misdemeanor or felony include the value of the vehicle, the minor’s intent, and whether there were any aggravating circumstances, such as prior offenses or reckless driving.

Penalties for Joyriding

Like grand theft auto, joyriding is also a wobbler offense, meaning it can be charged as either a misdemeanor or felony. However, because joyriding involves temporary use of a vehicle, it is generally considered less serious than GTA, leading to lighter penalties, especially for first-time offenders.

For adults or juveniles charged as adults, penalties for felony joyriding may include:

• Up to 3 years in county jail.
• Fines up to $5,000.
• Probation and community service.

For minors, joyriding cases are typically handled in juvenile court, where penalties may be more focused on rehabilitation than punishment. Possible consequences include:

• Time in a juvenile detention center.
• Probation, with conditions like attending school and obeying curfews.
• Participation in a juvenile diversion program.
• Restitution to the victim for any damages caused during the unauthorized use of the vehicle.

How California Juvenile Courts Handle Car Theft Cases

When a minor is charged with either grand theft auto or joyriding, the case is typically handled in juvenile court. Juvenile courts focus more on rehabilitation than punishment, taking into account the young person’s background, the circumstances of the case, and whether they have prior offenses.

Juvenile Diversion Programs and Eligibility

For many minors charged with joyriding or grand theft auto, juvenile diversion programs offer an opportunity to avoid harsher penalties. These programs focus on rehabilitation and are often offered to first-time offenders or those involved in low-level offenses. By successfully completing the program, minors can avoid a formal conviction and keep their record clean. Eligibility for diversion depends on several factors, including:

• First-time offenses: Minors with no prior criminal record are more likely to be offered diversion.
• Cooperation and behavior: Courts may consider the minor’s cooperation with law enforcement and overall attitude when determining eligibility.
• Severity of the offense: Minors charged with less severe, non-violent crimes are more likely to qualify for diversion programs.

Completion of these programs often includes counseling, educational courses, community service, and sometimes restitution to the victim. Once successfully completed, the charges may be dismissed, giving the minor a chance to move forward without a criminal record.

Juvenile Court vs. Adult Court

In most cases, minors charged with car theft offenses are tried in juvenile court, where the focus is on rehabilitation rather than punishment. However, there are situations where a minor may be charged as an adult. Typically, this occurs when the offense is particularly serious or when the minor is a repeat offender.

Under California law, minors 16 years or older can be transferred to adult court if certain criteria are met. These criteria include:

• Seriousness of the offense: If the car theft involved violence, such as carjacking, the use of a weapon, or reckless driving that endangered others, the prosecutor may seek to try the minor as an adult.
• Prior criminal history: Minors with a history of criminal behavior or previous convictions are more likely to be transferred to adult court.
• Aggravating factors: Additional crimes, such as burglary or robbery committed during the car theft, gang involvement, or causing injury to others, can lead to a minor being tried as an adult.

In adult court, minors face the same penalties as adults, including longer prison sentences and harsher fines, making it critical to have experienced legal representation. Once tried as an adult, a minor also loses the protections typically offered in juvenile court, such as eligibility for diversion programs.

What Determines the Severity of Charges?

Several factors influence the severity of the charges a minor may face in car theft cases. One key consideration is intent: did the minor intend to permanently take the vehicle, as in grand theft auto (GTA), or were they only using it temporarily, as in joyriding? Another important factor is the value of the vehicle. A vehicle worth more than $950 generally leads to grand theft auto charges, while joyriding focuses more on the minor’s intent to temporarily use the vehicle rather than its value. Prior offenses also play a role—minors with a history of criminal behavior or previous theft convictions are more likely to face felony charges or be tried as adults. Lastly, the presence of aggravating factors, such as if the vehicle was stolen during the commission of another crime (like burglary or robbery), reckless driving, or causing property damage, can result in harsher penalties.

Defending Minors Against Car Theft Charges

If your child is facing car theft charges—whether for grand theft auto (GTA) or joyriding—it is essential to seek representation from an experienced juvenile defense attorney. A knowledgeable attorney can carefully examine the evidence of intent, potentially reducing a GTA charge to joyriding or having it dismissed altogether if it can be proven that your child did not intend to permanently deprive the vehicle’s owner. Attorneys can also pursue juvenile diversion programs, particularly for first-time offenders, which prioritize rehabilitation over punishment and help your child avoid a permanent criminal record. Additionally, an attorney can build a strong defense in cases where your child may have been wrongly accused or did not fully comprehend the consequences of their actions. By challenging the minor’s intentor the legality of the arrest, an experienced attorney can significantly improve the likelihood of a favorable outcome.

Contact a Juvenile Defense Attorney for Car Theft Charges

If your child has been charged with grand theft auto or joyriding in California, it’s essential to understand the differences between these charges and the potential consequences. At The Law Offices of Arash Hashemi, we have extensive experience defending minors in car theft cases and will work to build a strong defense that protects your child’s future. Whether challenging the intent behind the theft or pursuing rehabilitation-focused diversion programs, we are here to help.

To discuss your child’s case and explore the best legal options, contact our office at (310) 448-1529. You can also schedule a consultation with Attorney Arash Hashemi using our secure online system. During the consultation, we’ll review the details of the charges and outline how we can help reduce or dismiss them.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064

Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to protect your child’s future.