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Frequently Asked Questions (FAQ) about
Vehicle Theft 
What is Vehicle Theft?
Vehicle theft is the unlawful taking of a motor vehicle without the consent of the owner. The taking can be for any duration. The thief must simply intend to deprive the owner of possession of the vehicle for some period of time.
What are the necessary elements to be found guilty of Vehicle Theft?
To prove the defendant committed
Vehicle Theft, the state must show that the defendant:
- Took someone else's vehicle without permission; and
- Intended to deprive the owner of possession for any amount of time.
What is the sentence / punishment for Vehicle Theft?
Vehicle theft is a wobbler. It is punished by one year in the county jail and/or a $5,000 fine if it is a misdemeanor. If the court decides it is a felony, the punishment is 16 months, two years, or 3 years in state prison.
What are possible defenses to charges of Vehicle Theft?
To prove someone committed a crime, the state (through its prosecutors) must prove
beyond a reasonable doubt that the defendant committed each element of the crime.
Therefore, defenses to any crime start with negating one or more of the elements
of the crime. Additionally, some crimes allow for "affirmative" defenses
which, if the defendant can prove the defense applies, will result in a verdict
of "not guilty" even if the prosecutor proves the defendant met each of
the elements of the crime.
For
Vehicle Theft, convincing the jury that the prosecutor failed to prove beyond
a reasonable doubt that the defendant intended to deprive the owner of the car for any amount of time would be enough
to get a not guilty verdict.
If the prosecutor can prove all the elements of
Vehicle Theft, however, the defendant must prove that one or more justifications
for his actions existed (i.e., it is the defendant's burden to prove an affirmative
defense). For
Vehicle Theft, some of these justifications include:
- Permission of the owner;
- Alibi;
- Duress / Threats;
- Necessity;
- Accident;
- Entrapment; and
- Statute of Limitations.
See also, Robbery, Carjacking,
Vehicle Theft-Emergency Vehicle
As with all information on this site, this information is provided for background
information only. It is not all inclusive and important information relevant to
your situation may not be on the website. If you have a legal issue, please do not
take any action (or inaction) based on information on this or any other site. Please
contact an attorney to discuss your case before making a decision on how to proceed.
You can reach an attorney at the
American Justice Center
by calling toll-free
1-877-432-5325.
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Contact Us:
980 9th Street,
16th Floor
Sacramento
California
95814
1-877-432-5325
toll-free
1-877-837-3609
fax
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