Felony Guide

Is grand theft auto a felony?

Is grand theft auto a felony? How harsh are the courts on a first-time conviction? What circumstances make the sentence worse or better?

What is grand theft auto?
Theft of an automobile, which is commonly known as grand theft auto, occurs when you take, steal, or drive another person's vehicle without his or her permission, with the intent to deprive him or her of the vehicle. Grand theft auto can range from a premeditated theft of another person's automobile, to "borrowing" a neighbor's car for a teenage joyride. It is not always necessary that you be the person who stole the vehicle in order for you to commit grand theft auto; under some state laws, you may have committed grand theft auto simply by being a passenger in a vehicle that you know is stolen.

You also don't have to keep the vehicle permanently in order to be convicted of grand theft auto; rather, you can be convicted of grand theft auto even if you borrow or use the vehicle without permission for a very shore period of time. Additionally, in many states, grand theft auto must involve a vehicle with a value greater than a certain minimum value, such as $400 in California, and $300 in Florida.

When is it a felony?
Grand theft auto is typically charged as a felony in most states. However, if you have no prior convictions, you may only be charged with misdemeanor grand theft auto under some state laws, in certain situations. For instance, if you have no criminal record and you were merely a passenger who did not at first realize that your buddy had stolen a car, then you might be charged with a misdemeanor rather than a felony. However, in some states, you might still be facing felony charges in such a situation.

Sentencing guidelines
A first conviction for grand theft auto usually results in jail or prison time in excess of one year, depending on whether it is a felony or misdemeanor grand theft auto conviction, and can involve significant fines, probation, community service, and/or suspension of your driver's license, depending on the state. However, any subsequent convictions for grand theft auto are likely to result in more substantial jail or prison sentences and fines. As a general rule, any prior criminal convictions will tend to make penalties for subsequent criminal convictions more severe. Plus, in states with "three strikes" laws, such as California, a felony conviction for grand theft auto is likely to count as one of your three "strikes", which may ultimately result in more serious punishment for your grand theft auto felony charge. Additionally, even a first felony conviction can make you ineligible for certain employment or professions.

Possible defenses
There are some legitimate defenses for grand theft auto that may apply under certain circumstances. For instance, a common defense is that you had the vehicle owner's permission to drive or otherwise use the vehicle. Another defense is that you didn't intend to keep the vehicle permanently, but only intended to use the vehicle on a temporary basis. In other circumstances, you might present mistake as a defense, i.e. that you mistakenly thought you had permission to borrow a relative's car, or were mistaken about the car's legal owner.

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i was keeping a friends car because it was being repoed but the car was reported stolen by the signer of the car. and the persn that gave me the car was the cosigner

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alex
Friday, January 20, 2012

my brother stole a car and at this point what i know is that he has theft charges and possesion of a stolen car and suspended license is their chances that hw won't be in jail for a long time ? or about how many years will he get?


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maria
Monday, January 2, 2012

about five or if iucky four

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david
Wednesday, January 25, 2012

He's gonna go away and be buddies with Bubba for a while. Should have thought twice before doing such a stupid thing that will now affect his entire life. When he gets out he won't even qualify to work at McDonald's anymore.

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Arnold
Tuesday, January 3, 2012

im 17 and i bought my own car and pay insurance but its in my moms name, we got in a fight and i left and because the car was in her name she called it in stolen, how much trouble can i get in?

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levi
Saturday, December 31, 2011

can a charge like this be dropped by the person who the car belongs too?

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leeanna
Wednesday, December 28, 2011

Nope....

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Greg
Tuesday, January 3, 2012

My car was stolen with all of my possessions in it, the kid that stole it went on a drug run, and either sold or dumped everything I had in he car, which all together was well worth over $500. When he was caught he told the police he had my permission, which is an absolute lie. He had served time prior in the state of Washington for drug possession, when he is found guilty of grand theft auto, how much time will he serve? I hope it is a vey long time

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Hilary
Friday, December 23, 2011

i am excutor of my late fathers estate. He left the car to his girlfriend. she has come and taken the car before the estate is probated or the car turned over to her. Is this concidered grand theft auto taking a dead persons car and am I respondsible if sheis in an accident.

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mark
Friday, November 25, 2011

If someone has not paid their car payment in several months, and they repo people are looking for the car and cannot find it, what will happen to the person when the DO find it,

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lacey
Thursday, November 17, 2011

I am trying to get a job but keep running into a felony conviction (rental car non return). I paid all my fines and was set free, may served 3 to 7 days in jail prior to but want to know how to get this mess off my record. Give me the site where I can go to fill out paper work so that I might get a job.

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Derrick Payne
Tuesday, November 15, 2011

I have a long criminal record and right now im out in bail and fighting a felony case

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Monica
Friday, November 11, 2011

What a winner..... Were you on that Lockup show?

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Thomas
Tuesday, January 3, 2012

ok i am 15 and i stole a car and i got nothing was damaged and he got it back what is my leats and worst sentence


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josh
Friday, October 28, 2011

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