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What are the consequences and penalties of auto theft in California?

My younger brother lives in California and just got caught with possession of a stolen vehicle last night. He claims his friend let him borrow the car but I don't know if hes telling the truth. Hes been known to be a trouble maker and a little out of control but he hasn't been in trouble by the law for anything before. He is only 18. What type of penalties will he get and would a Lawyer help? Thanks for any advice.

Answers (1)

Being convicted with possession of a stolen vehicle, Auto Theft, is less severe than a conviction of Car Jacking. In order to be convicted of auto theft, the accused, your brother in this case, must have to be tried and proven in the court of law that he without reasonable doubt took the car without the owners consent, whether he had intentions to steal it or not. Cases like these consist of both evidence, and cross examination of statements by both parties as well as witnesses.

If your brother ends up being convicted, California Law V.C. Division 4, Chapter 4, states that the maximum penalty for a first offense of being caught with possession of a stolen vehicle is 1 year in state prison, and/or a fine for $5,000 maximum. So depending on the circumstances, he may be able to walk away with just a fine and perhaps no jail time, or it may work out where he has to face both. Considering he has no prior criminal record, it would be a very wise idea to hire a Criminal Defense Attorney to defend his case. They can carefully analyze the evidence and details of the case, cross examine the plantiff, and potentially get the charges drastically reduced without any jail time.

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