Auto Theft

Orange County Auto Theft Attorney

Auto Theft Attorney in Orange County

Are you being accused of stealing a car in Irvine, Fullerton, Costa Mesa, Huntington Beach, Westminster, Santa Ana or Newport Beach and not sure what do to next? Let our experienced Orange County criminal attorneys from the Law Offices of Michael L. Guisti help you beat the charge as we help you through the legal process and work with the Orange County District Attorney to reduce your charges and keep you out of jail.

If you did steal a car what your intentions were with the car can make all the difference if you're to be charged with either a felony or misdemeanor, which could make all the difference how severe your punishment may, or may not, be. Even if you're charged with a felony our expert Orange County grand theft auto attorneys can work to have your charges reduced.

The Crime of Stealing a Car

As one promenade Orange County criminal defense attorney simply explains, if you stole a car and intended to keep it for yourself and deprive the owner of his/her vehicle you would be charged with Penal Code 487(d)(1), Grand Theft Auto. However, if you intended to only steal a car and drive it for a few hours, or maybe pull a joke on your friend by "hiding" their car that he/she didn't find all that funny and called police, you could be charged with violating California Vehicle Code (CVC) 10851, The Unlawful Taking or Driving of a Vehicle, commonly known as joyriding.

Simply put, if you steal a car, drive it around for a few hours, and return it, you can be charged with CVC 10851, joyriding, but if you keep the car for yourself you could face the much more serious charge of grand theft auto.

One Orange County theft crimes attorney wants to stress that even if you intended to permanently steal a car that may only be worth a couple hundred dollars, you'll still be charged with grand theft as the $950 threshold that determines if a theft crime is to be charged as a petty theft or grand theft doesn't apply when vehicles are involved.

Whether you permanently steal a car or joyride for a few hours, one Orange County auto theft attorney says you could be facing other charges, most notably auto burglary under PC 459 Burglary. Also, if you used forced or threats to steal the car from another person you could possibly be charged with PC 211 Robbery and PC 215 Carjacking, both of which count as "strikes" under California's Three Strikes Law.

This is why as soon as you're arrested you need to contact an Orange County defense attorney right away so they can work with the Orange County District Attorney's office before charges are formally filed so your attorney and the DA can work to reduce charges and maybe work out a plea agreement.

Your Defense

As one Newport Beach theft defense attorney explains, the most common defense is you simply had the owner's consent. If you had the car owner's consent there could be no crime, and if you were able to obtain the owner's consent by fraud you still cannot be guilty of the crime.

Understand, if the owner previously consented to you using his/her car that will NOT serve as a defense. However, if there was a misunderstanding it's possible the DA could file lesser charges.

If Convicted

As one Irvine criminal defense lawyer explains, grand theft auto is generally charged as a felony, but is nonetheless a "wobbler," which means it can be charged either as a misdemeanor or felony, and that depends on the facts of the case that include if the vehicle was carjacked or taken by violent force, the value of the car and your criminal history.

Joyriding under CVC 10581 is generally charged as a misdemeanor, but this too is also a "wobbler" that can be charged either as a misdemeanor or felony depending on the facts of the case.

Misdemeanor Auto Theft

If conviction of misdemeanor auto theft you face a maximum one-year Orange County jail sentence.

Felony Auto Theft

If convicted of felony auto theft you face 16 months to four years in a California State Prison and up to $10,000 in fines, depending on whether you have any similar prior convictions.

If the stolen car's value was over $65,000, you will likely be charged with felony grand theft auto and subject to an additional and consecutive prison sentence of one year, and if the car was worth more than $200,000, you face an additional and consecutive two-year sentence.

Call Us Now!

If convicted of auto theft you could not only be facing some time behind bars, but face more serious charges that could get you a "strike" on your record, which is why you need to call the Orange County auto theft lawyers at the Law Offices of Michael L. Guisti right away at 888-478-8999.

Our auto theft lawyers have over a decade of experience successfully fighting these charges in the courts of Orange, Riverside, San Bernardino, Los Angeles and San Diego Counties.

Not only will our legal experts go over and explain the complexities of this charge, but by calling right away before the Orange County District Attorney formally files charges we can not only work with the DA to reduce charges and perhaps work out a plea deal that keeps you out of jail.