Theft Defense Attorney in Orange County, CA
Have you been arrested for the unlawful taking of a vehicle?
It can be tricky to deal with criminal cases involving the theft of a vehicle, because it can be difficult to prove where it was a permanent theft or whether the intention was to simply "borrow" the vehicle for a short period of time. There are two different areas of the law that will handle this type of theft. You will therefore need to be confident that you have an experienced criminal lawyer that you can trust to help you address your unique situation and provide a fitting defense tailored to your circumstances.
- On one hand, grand theft auto is legally defined under California Penal Code §487(d)(1) - this states that it is considered to be "grand theft" should the theft involve an automobile of any kind, regardless of the estimated market value of the motor vehicle.
- On the other hand, it is also legally defined in §10851 of the 2010 California Vehicle Code - which states that it is considered to be a criminal offense to take a vehicle that does not belong to the defendant. This is more commonly referred to as "joyriding."
Orange County Theft Lawyer: Defending Against Grand Theft Auto
It can be difficult to determine which under which law the defendant will be prosecuted, however, it is important to realize that most of these crimes will rest on the crux of intentions. Should it be proven that the intention of the defendant was to temporarily deprive the owner of the vehicle, it will most likely be tried as joyriding under §10851 VC and will be considered to be a misdemeanor. If the prosecutor argues that it was meant to be a permanent theft, it will be tried as grand theft auto under §487(d)(1) of the California Penal Code which is typically a felony charge.
This is also a foundation for a criminal offense. If the car was broken into prior to the theft, it can be elevated to auto burglary. If there was violence in the criminal act, it could be considered carjacking. Regardless, it is highly important that you get a knowledgeable Orange County criminal defense attorney that you can rely upon. At the Law Offices of Virginia Landry, we recognize what is on the line with criminal cases of this nature and we are fully prepared to help our clients defend their legal rights to the very best of our abilities. Give us a call today to discuss your case more in-depth. A skilled Orange County theft attorney could fight relentlessly to have your charges reduced or dismissed.
The Law Offices of Virginia L. Landry can help if you've been arrested for the theft of a vehicle and are facing criminal charges relating to joyriding, grand theft auto or even carjacking. Contact us today!