California Penal Code 487(d)(1) – Grand Theft Auto

Overview

California Penal Code 487(d)(1) PC defines grand theft auto as unlawfully taking someone else’s vehicle—usually with the intent to permanently deprive the owner. It’s a felony-level theft offense and often confused with vehicle theft under VC 10851.

Prosecutors frequently overcharge grand theft auto in routine arrest cases. At Jones Trial Attorneys, we break down whether the DA can actually prove theft—or just an unauthorized use—and fight to protect your record, your freedom, and your license.

Legal Definition

Penal Code § 487(d)(1) states:

“If the property taken is an automobile, the theft is grand theft and is punishable accordingly.”

Grand theft auto is a specific form of grand theft under PC 487, applying when:

• The property taken is a motor vehicle

• The value or method of taking doesn’t matter—if it’s a car, it’s charged under this section

Elements of the Crime

To convict someone of grand theft auto, the prosecution must prove:

1. You took someone else’s vehicle;

2. Without the owner’s consent;

3. With the intent to permanently deprive the owner of the vehicle (or for a substantial period of time); and

4. You moved the vehicle, even slightly.

Intent is critical—temporary use without intent to steal may lead to lesser charges (like joyriding under VC 10851).

Penalties for Grand Theft Auto

PC 487(d)(1) is a wobbler—can be charged as a misdemeanor or felony depending on the facts and prior record.

Misdemeanor Penalties

• Up to 1 year in county jail

• Misdemeanor probation

• Restitution to the victim

Felony Penalties

• 16 months, 2, or 3 years in county jail

• Formal probation

• Possible sentence enhancements for high-value vehicles

If the car was worth over $65,000, an enhancement under PC 12022.6 may apply.

Defenses to PC 487(d)(1) Charges

We’ve defended countless auto theft cases through factual, legal, and strategic challenges. Common defenses include:

• Consent – You had permission to use the vehicle

• No intent to permanently deprive – May support a lesser VC 10851 charge

• Mistaken identity – Especially in surveillance or street stops

• Misunderstanding – In shared ownership, family, or roommate disputes

• False accusation – Often seen in relationship breakdowns

We also file motions to reduce charges from felony to misdemeanor—and push for diversion if available.

Immigration and Employment Consequences

PC 487(d)(1) may be classified as a crime of moral turpitude, resulting in:

• Deportation or inadmissibility

• Loss of commercial or security-related jobs

• Denial of occupational licenses

We craft defenses that prioritize your immigration status and professional future.

Related Offenses

• VC 10851 – Joyriding / Unlawful Use of a Vehicle

Lesser charge, often used when there’s no intent to steal

• PC 215 – Carjacking

Elevated charge involving use of force

• PC 459 – Burglary

Entering a garage or car with intent to steal

• PC 496d – Receiving a Stolen Vehicle

Charged if you’re found with a vehicle known to be stolen

How Jones Trial Attorneys Can Help

Auto theft cases often come down to what the prosecution can prove—not what they allege. We investigate ownership records, consent history, surveillance video, and police procedures to build your strongest defense.

Whether the charge stems from a misunderstanding, a ride gone wrong, or a full-on accusation—we’re ready to protect your record and reputation.

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