Massachusetts auto theft laws

Gr& theft tự động hóa, also referred to lớn as “GTA,” is not just a đoạn phim game. Rather, it is known as vehicle theft and / or just tự động hóa theft. It defined as the unauthorized taking of another’s oto with the intent lớn permanently deprive the owner of the car. It may be by force, trichồng or false pretenses. Sometimes, the suspect takes the car lớn a “chop shop” to lớn have sầu the oto disassembled for money or the suspect intentionally fails to lớn return a rental car.

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About This Article Briefly: Gr& theft auto (GTA) is the intentional taking of another’s car without the owner’s consent & with the intent lớn permanently deprive sầu the owner of the oto. The offense can be filed as a misdemeanor or a felony. Three years is the maximum punishment if convicted of felony GTA, before sentencing enhancements apply, if any. Probation is possible in certain cases.Grand theft tự động is a “wobbler.” This means that the charge can be filed as a misdemeanor or as a felony, depending upon the circumstances, the value of the car và the defendant’s prior criminal record. Most commonly, it is filed as a felony as a violation of Penal Code § 487(d)(1), however it sometimes is filed as a violation of Vehicle Code § 10851 (unlawful taking of a vehicle, including joyriding) if the intent of the suspect appears to lớn be khổng lồ eventually return the oto lớn the owner.

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Regardless of whether the car is valued at $500 or $50,000, the theft of a oto is always filed at grvà theft auto. In other words, there is no such thing as “petty theft tự động hóa,” even if the value of the car is below $950, the statutory limit between gr& theft và petty theft for most other items (this does not include firearms và certain farm animals).

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However, if the value of the oto exceeds $65,000, the client faces an additional year of prison time if convicted. If the car’s value exceeds $200,000, the client faces an additional two years in prison (Penal Code § 12022.6).Without these sentencing enhancements, one convicted of misdemeanor gr& theft tự động hóa faces a maximum one year sentence in county jail, plus restitution to lớn the victyên ổn for the value of the oto và sometimes to law enforcement for their expenses in locating & recovering the car. If the client is convicted of felony grand theft tự động, he or she faces a minimum of sixteen months và a maximum of three years in state prison, plus restitution similar lớn that facing one convicted of misdemeanor grand theft.
Formal probation is possible on a felony GTA conviction và informal probation is possible in misdemeanor GTA, depending upon the client’s criminal history, the facts of the case and the victim’s opinion of the taking. The defenses lớn gr& theft auto begin with consent of the owner. This can be a tough defense to lớn assert because the owner is most often the person who calls police to lớn begin the case. Usually, the police, before going lớn the trouble of investigating further, make sure that the owner’s permission was never given for the client to lớn take the oto. However, the client may argue or believe that because the owner gave the client permission to lớn use the oto in the past, such permission continued.The second most common defense revolves around intent. If one did not intover to lớn permanently deprive the owner of the oto, the crime may be simply joyriding, which is a crime itself & is prosecuted quite often, especially when intent is difficult lớn prove sầu. When this is the case, the prosecutor will tệp tin a complaint for joyriding (Vehicle Code § 10851) so that a conviction is easier to lớn achieve.Grand theft tự động often is charged in conjunction with other crimes. These can be carjacking (Penal Code § 215), burglary (Penal Code § 459) & robbery (Penal Code § 211), so understanding the defenses to these similar, yet distinguishable crimes, can be important towards reaching a plea bargain that the client can accept.With the passage of Proposition 47, some felony gr& theft tự động convictions may be eligible for reduction khổng lồ a misdemeanor if the value of the oto taken is less than $950 and the defendant is otherwise not disqualified from Prop 47 relief.For more information about vehicle theft, cliông xã on the following articles: