Grand Theft Auto | Penal Code § 487(d)(1) & Vehicle Code § 10851

Description

A person, who takes the property of another, and that property is an automobile or a firearm may be charged with Grand Theft Auto.

What does the prosecutor have to prove?

Felony: 1. Defendant took by theft an automobile.
2. The value of the theft was less than nine hundred fifty-one dollars ($951.00).
3. Defendant has one or more prior convictions for an offense specified under PC 667(e)(2)(C)(iv).
OR
3. Defendant has one or more prior convictions requiring registration pursuant to PC 290(c).
Misdemeanor: 2. The value of the theft was less than nine hundred fifty-one dollars ($951.00).

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	Yes
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No