Vehicle theft/ grand theft auto/ also known as the unlawful taking of a vehicle

There is a significant amount of charging discretion vested in the prosecutor when it comes to charging someone with stealing a car.

Grand theft auto, also known as GTA, can be charged under two different penal code sections. When grand theft auto is charged under penal code section 487(d) it is a felony. The maximum punishment for which is three years in state prison.

The other way in which stealing a car can be charged Mr. Penal code section 10851 (the unlawful taking of a vehicle). This can be charged as either a felony or misdemeanor. Unfortunately, in Orange County, California this is almost always charged as a felony and so the case either house to be dismissed, won by way of jury trial, or plea bargained down to a misdemeanor.

It is important to note that in California, there is no longer a "joyriding" statute. That means that in Orange County, California, and throughout the rest of the state of California, all vehicle thefts are looked at the same in the eyes of the law. When a 19 year old takes his neighbor's car for a spin around the block without permission, a violation of vehicle code section 10851 has occurred. More shockingly, when that same teenager takes his neighbor's golf cart around the block without permission, that could also lead to charges of a violation of vehicle code section 10851. The law makes no distinction between that conduct and the late night perpetrator who breaks into and hot wires your car and speeds off down to Tijuana, Mexico.

As you can imagine, there's a great disparity in the above described acts and there should be a great disparity in the way that the cases are treated by prosecutors. Unfortunately, many times there is not. Prosecutors, determined to obtain convictions, will often seek "cheap" convictions on weak or suspect facts simply because the alleged conduct fits within the four corners of the words of the statute. A skilled and tenacious attorney should be able to present the facts and circumstances of any one particular case in order to maximize the benefit for the client. This would include a "not guilty" verdict at trial or a dismissal prior to trial with the reduction of charges. At the Law Office of Keith J. Bruno, a skilled advocate is employed to present your case and to persuade the prosecutors and the judges in your favor. In fact, Mr. Bruno looks forward to meeting you in explaining the particular strategy he would employ in your case.

Auto theft, like many crimes and the state of California, is often proven by the statements of the accused. Remember, you have the right to remain silent. In fact, it is not only a right, it is a good idea. Many cases would never even get to the district attorney's office or to court if a defendant simply invoked his Constitutional right to remain silent and refused to answer the police questions. All too often, the case of the District Attorney is made by the statements of the accused who feel that they will talk their way out of charges. In fact the opposite occurs: the accused talks his way right into a jail cell. If you are facing and accusation for the unlawful taking of the vehicle or grand theft auto in Orange County, California or any court in Southern California, please have no contact with law enforcement personnel and immediately contact the Law Office of Keith J. Bruno. Mr. Bruno will help you face an accusation by the government and vigorously defend your rights under the United States Constitution.

If you have been accused of a theft offense, contact the Orange County, Los Angeles and San Diego criminal defense firm of The Law Office of Keith J. Bruno. We offer a free face-to-face consultation and can work out a payment plan in most situations.

The Newport Beach, Orange County, California, Law Office of Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.