Grand Theft Auto Laws

Stealing a car may not seem as serious as some crimes, but defendants in many states may face felony charges for this offense. A person who has been arrested on suspicion of grand theft auto should not try to explain their version of events to the police directly. Instead, they should exercise their right to remain silent and discuss their situation with an attorney experienced in these cases.

What Is Grand Theft Auto?

Grand theft auto is essentially a formal term for stealing a car.

Elements of Grand Theft Auto

Generally, a prosecutor charging grand theft auto will need to show that the defendant drove or otherwise took possession of a motor vehicle owned by someone else. The defendant must not have had the permission of the owner. In addition, a prosecutor must prove that the defendant intended to deprive the owner of the vehicle. The intended deprivation usually needs to be permanent, or at least extended.

Some states, such as Massachusetts and Washington, have enacted statutes specific to the theft of a motor vehicle. However, many other states charge grand theft auto as a violation of the main theft statute.

Example of Grand Theft Auto

Vern slips on ice and drops the keys to his Ferrari. A bystander called Phil picks up the keys, gets in the car, and drives it to another city, where he attempts to sell the car. Phil likely could be convicted of grand theft auto.

On the other hand, consider a party where Vern arrives in his Ferrari. His friend Patrick compliments him on the car. Vern suggests that Patrick take the car for a test drive. After Vern hands him the keys, Patrick takes the car for a 20-minute ride around the neighborhood. This is not grand theft auto because Patrick had Vern’s permission and intended to return the car.

Offenses Related to Grand Theft Auto

Other offenses that might be charged in some situations related to grand theft auto include:

  • Robbery (often called carjacking in this context): the defendant used force in taking someone else’s property
  • Burglary (or auto burglary): may be charged if someone breaks into a garage to steal a car, or breaks into a locked car with the intent to steal it

Burglary, robbery, and carjacking may carry harsher penalties than grand theft auto. A prosecutor who charges one of these crimes may offer a plea bargain in which the defendant pleads guilty to grand theft auto in exchange for the prosecutor dropping the more serious charge.

Defenses to Grand Theft Auto

Sometimes a defendant might fight a grand theft auto charge by arguing that the alleged owner of the vehicle consented to the defendant taking it. Or the defendant might acknowledge that they lacked consent but claim that they intended to take the car only briefly. In this case, they might face a lesser charge related to “joyriding.” States often describe this type of offense as the unauthorized use or operation of a vehicle.

Claim of Right

In rare cases, a defendant may have acted under a good-faith belief that the car belonged to them. This defense is often called a “claim of right.”

Penalties for Grand Theft Auto

Each state imposes its own range of penalties for grand theft auto. Here are some of the potential sentences that a defendant might face:

  • Arizona: 2.5-7 years (3.5 years presumptive)
  • California: up to 1 year in county jail, or 16 months or 2 or 3 years in county jail
  • Maryland: up to 5 years
  • Massachusetts: up to 15 years in state prison, or up to 2.5 years in jail or house of correction
  • New Jersey: generally 3-5 years; 5-10 years if the vehicle was worth at least $75,000 or if more than one vehicle was stolen
  • Utah: 1-15 years
  • Washington: up to 10 years

A defendant also might face a fine and might be ordered to pay restitution to the vehicle owner. If the defendant crashed the car, they might face additional charges and civil liability to anyone who was injured.

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