Grand Theft Auto by Darren Kavinoky

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Grand Theft Auto
by Darren Kavinoky

Grand Theft Auto

Grand theft of an automobile occurs when someone takes another personˇs car without permission, with the intent to permanently deprive them of it. Grand theft requires that the property stolen have a value over $400. Grand theft auto is a felony, punishable with imprisonment in the state prison for 16 months, 2, or 3 years.

Grand Theft is defined in California Penal Code Section 487. In order to convict for grand theft auto the following case must be proven, according to the jury instructions that the judge will advise the jury to follow before they deliberate on the case. Jury instructions outline the law and the parameters that the jury must follow in examining the facts of the case. In California, the jury instructions are called CALJIC.

CALJIC 14.35 reads:

¨Every person who steals, takes, or drives away the automobile of another with the specific intent to deprive him/her permanently of his/her property is guilty of the crime of grand theft of an automobile in violation of Penal Code section 487h.

In order to prove this crime, each of the following elements must be proved:

1. A person took or drove away an automobile belonging to another person; and
2. When the person took or drove away the automobile, he/she had the specific intent to deprive the owner permanently of his/her property.

However, if a person is convicted of more than one grand theft auto offense, the punishment increases to imprisonment in the state prison for 2, 3, or 4 years and/or a fine up to $10,000. This enhancement applies to the following vehicles, as defined by
California Penal Code Section 666.5:

刋 A motor vehicle, as defined in Section 415 of the Vehicle Code
刋 Any trailer, as defined in Section 630 of the Vehicle Code
刋 Any special construction equipment, as defined in Section 565 of the Vehicle Code
刋 Any motorized vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses

The enhancement must be found to be true by a jury, in a case that must be proved ¨beyond a reasonable doubt,〃 or admitted to by the defendant in open court, or by way of defendantˇs plea of guilty or nolo contendere.

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients