Only a few states still have the crime of “grand theft” on their statute books. Grand theft simply means theft of property worth more than a certain amount or of a certain kind. It is punished more severely than “petty” or “petit” theft, which is theft of property of a lesser value.
How States Define Grand Theft Auto
Because cars are usually worth a lot of money, stealing a vehicle is likely to constitute the crime of grand theft, and the crime is often referred to as “grand theft auto.” State law may also specifically make the crime of stealing a vehicle, regardless of value, grand theft. For example, in California, it is always grand theft to steal any of these items, regardless of their value:
- cars
- firearms, or
- livestock such as a horse, pig, goat, or sheep.
Other states have similar lists, often including firearms and livestock. (California statutes also list other items that trigger a charge of grand theft when stolen.) California also makes it grand theft to take property “from the person of another.” (Cal. Penal Code section 487.)
The dollar-value figures for the crime of grand theft vary from state to state. In California, it is grand theft to steal property worth more than $950; in Idaho and South Dakota, the cutoff is $1,000. (Idaho Code section 18-2407, S. Dak. Cod. Laws section 22-30A-17.)
In states that don’t have the grand theft and petty theft distinction, the crime of theft (also called larceny) is also punished depending on the value of the property stolen and the circumstances of the crime. Only the terminology is different—minor theft may be classified and punished simply as misdemeanor, for example, while a bigger theft might be charged and punished as a felony.
Joyriding
Some states have a lesser crime of temporarily using a car without permission, often informally called joyriding. For example, Maine makes it a crime to knowingly drive—or ride in—a vehicle without the owner’s authorization. (17-A Me. Rev. Stat. Ann. section 360.) This offense is a “Class D” crime, punishable by up to a year in county jail. (17-A Me. Rev. Stat. Ann. section 1252.) Similarly, in California it is a crime to take a car, whether or not you intend to steal it. The penalty can be incarceration for up to a year and a fine of up to $5,000. (Cal. Vehicle Code section 10851.)
Grand Theft Penalties and Sentencing
Grand theft is almost always a felony—a serious crime, punishable by prison time and a sizeable fine. For example, in Idaho, grand theft of a vehicle worth more than $1,000 carries a possible penalty of imprisonment for at least one year and up to 14 years, a fine of up to $5,000, or both. (Idaho Code section 18-2408.) In California, it is punished by up to a year in jail. (Cal. Penal Code section 489.)
When judges sentence someone who has been convicted of grand theft, they take into account many factors, including the circumstances of the crime and the offender’s previous criminal convictions, if any. Prior convictions will usually result in a stiffer sentence.
Getting Help From a Lawyer With Grand Theft Charges
Any felony offense is serious and can have long-term effects on your ability to find employment, get credit, or even rent a place to live. Working with an experienced criminal defense attorney, who knows how your local courts handle grand theft cases, gives you your best chance of having the case dismissed or the charges reduced.
