What Is the Difference Between Carjacking and Grand Theft Auto?

Stealing someone else’s car is always a serious crime, but the difference between a carjacking and grand theft auto (GTA) can add up to years in prison. The crucial distinctions in California are:

• How you take the car
• How long you intend to have the vehicle.

If you are arrested after taking an automobile, facing a carjacking charge instead of GTA can be the difference between a misdemeanor and a severe felony.

Carjacking Is Always a Felony In California

In California, a conviction for carjacking is a felony that could mean up to nine years in state prison. There are also aggravating circumstances where carjacking could lead to harsher penalties, including whether you used a weapon or someone was injured. To be convicted of carjacking, a California prosecutor must prove you:

• Took possession of a motor vehicle from someone else;
• Against their will;
• By using force or fear; and,
• Intended to keep control of the car.

Maintaining possession of the car does not mean you need to use the vehicle as your own. Instead, you only need to intend to prevent the victim from using the car in the way they planned. A simple order to turn left when they wanted to turn right is enough for a carjacking charge. Additionally, the person you take the car from does not have to be in the vehicle. If they are next to their automobile or in its immediate vicinity, any use of force or fear against them to take it is carjacking.

Grand Theft Auto Can Be a Misdemeanor or Felony In California

A “wobbler” charge in California, a prosecutor can choose to charge grand theft auto as a misdemeanor or a felony. Typically, GTA is a felony that can be punishable by between 16 months and two years in state prison. To convict for GTA, a prosecutor must prove you:

• Took a vehicle owned by someone else;
• Without their permission;
• Intending to keep the car;
• Either permanently or for a significant period; and,
• The vehicle was worth more than $950.

If you simply take someone’s car for a lap around the block, it is not GTA in California. This would be a less serious crime, known as joyriding.

The Differences Between Carjacking and Grand Theft Auto

The significant difference between carjacking and GTA is the process you used to take the automobile. Carjacking requires the vehicle to be taken using force or fear, while GTA has no similar requirement.

If you break into an unoccupied car and there is no owner in the immediate vicinity, taking it is GTA, not carjacking. By waiving a knife or gun and telling an owner to “start the car,” you would commit carjacking. Because you use force or fear to acquire the car, California punishes carjacking more severely than GTA.

A second difference lies in the time you intend to have possession of the vehicle. While GTA requires you to plan to keep the car for at least a significant amount of time, carjacking can be committed in just a fleeting moment. If you enter a vehicle, pull a gun, and scream “Drive!” you have likely committed carjacking even if you get out at the next stoplight. Because the difference between the two charges can mean years in state prison, it is essential to hire an experienced criminal defense attorney if you have been arrested after taking a car.

After an arrest for a vehicular crime in Pasadena, California, the Chambers Law Firm can fiercely defend you and advocate for your innocence. Reach out to us at 714-760-4088 or dchambers@clfca.com to schedule a free consultation.