While this may seem like a complex legal issue, the answer is that yes, you can be charged with grand theft if you rent a car and don’t return it. In most cases, in order to be guilty of grand theft, a person has to take property from the owner without the owner’s consent and with the intent to prevent that owner from having the property, either for a short period of time or indefinitely. Not returning a rental car wouldn’t see to fall under this umbrella but it does.
Think of it this way. If you rent a car and don’t return it, you are essentially depriving the owner of the property – the car rental company – of their property. If the owner of the car calls the police and reports the car stolen, then you could be charged with auto theft. Read on to learn more about these charges and then reach out to Chambers Law Firm at 714-760-4088 with additional questions.
There are two California laws that cover car theft
There are actually two laws that a person can be prosecuted for if they steal a car. First is grand theft auto, sometimes referred to as GTA. This involves a person taking a car that’s worth at least $950 without the permission of the owner and with the intent of depriving that owner of their vehicle. It can be charged as a misdemeanor, or it can be charged as a felony. In most cases, if it’s worth less than $950 then it’s going to be a misdemeanor charge. Otherwise, it’s likely to be prosecuted as a felony.
The other way car theft can be charged is as the unlawful taking of a vehicle. In layperson’s term, this refers to joyriding. It involves taking a vehicle without the consent of the owner with the intent of depriving said owner for a period of time. The biggest difference is generally for how long the car was stolen.
To be charged with GTA, the driver must have intended to keep the vehicle indefinitely or at least for a period of time long enough that the owner would lose value or enjoyment. On the other hand, a joyriding case involves taking a vehicle for a shorter period of time, such as between 15 minutes and an hour. Like GTA, joyriding may be charged as a misdemeanor or a felony.
Potential penalties for auto theft
GTA that’s charged as a misdemeanor can come with a punishment of up to a year in jail. If it’s charged as a felony, it can result in up to three years in prison. Joyriding penalties are the same. Prosecutors are ultimately the ones who decide if it should be charged as a felony or a misdemeanor. They’ll consider the driver’s criminal history and the specific circumstances of the case.
There are also potential additional penalties for particularly expensive vehicles. If the car is worth more than $65,000 then the driver could be looking at an additional year added to their sentence. If the value of the vehicle was more than $200,000 then they could be looking at an additional two years. If a person joyrides a police car, ambulance, or a vehicle that has a handicapped placard, it will always be charged as a felony and can come up with between two and four years in prison.
If you’ve been charged with any type of auto theft then you need an attorney. Reach out to Chambers Law Firm at 714-760-4088 today to get started with a consultation.
