Auto Theft Defense in Santa Barbara

What California Vehicle Code Section 10851 Covers

California Vehicle Code section 10851 applies to driving or taking a vehicle without the owner’s consent and with the intent to deprive the owner of title or possession, either temporarily or permanently. It can therefore cover alleged temporary unauthorized use as well as conduct described more broadly as vehicle theft.

The prosecution may claim that someone took the vehicle, drove it after the taking, or assisted another person as a party, accessory, or accomplice. The distinction between an alleged taking and post-taking driving can affect the evidence and legal rules at issue. Prior felony vehicle theft convictions may also affect the consequences of a later qualifying conviction, making the accused person’s record and the precise charge important to our review.

Unauthorized Taking vs. Grand Theft Auto

California Vehicle Code section 10851 and grand theft of an automobile under Penal Code section 487(d) are distinct charging theories. A section 10851 allegation can involve an intent to deprive an owner of possession temporarily or permanently. By contrast, a theft charge requires proof of the intent associated with theft. Evidence concerning possession, consent, and the intended duration of the taking can shape which theory the prosecution pursues.

Related allegations may include:

• Joyriding or unauthorized use: An alleged temporary taking or continued use without the owner’s permission.
• Grand theft auto: The alleged theft of an automobile under Penal Code section 487(d).
• Possession of a stolen vehicle: Possessing a vehicle while allegedly knowing it was stolen.
• Burglary or conspiracy: Additional charges based on how the vehicle was accessed or whether multiple people allegedly participated.

The label used by an officer or witness doesn’t determine the final charge. The applicable statute, alleged conduct, ownership evidence, prior record, and other facts determine the potential exposure.