If your child was charged with joyriding or grand theft auto, you’re probably worried about the impacts that a conviction could have on their future. If convicted, your child could face serious penalties and a mark on their permanent record. Fortunately, an attorney from Simmrin Law Group can provide legal advice and fight to get your child’s charges dropped.
A Los Angeles theft crimes lawyer from our team can build a strong defense case and explain if minors are more likely to be charged with joyriding over grand theft auto. No matter how serious your child’s case is, our team can work hard to protect their future.
Is a Minor More Likely to Be Charged With Joyriding Than Grand Theft Auto?
California prosecutors often charge minors who are first-time offenders with joyriding rather than charging them with grand theft auto, which is a more serious offense. Of course, the charges a minor will face depend on several factors, including:
- How long the accused planned to keep the vehicle
- The circumstances surrounding the theft of the vehicle
- If any crimes were committed while using the stolen vehicle
- Whether the minor has a previous criminal record
- How old the minor is
- If the minor was driving or was a passenger in the stolen vehicle
- If the vehicle was an ambulance, law enforcement, or fire department vehicle
- And more
A minor should never speak to the police without a parent present and, ideally, should also never talk to the police without a lawyer present. An attorney can protect your child’s constitutional rights and determine if the above-listed factors will make it more likely for them to be charged with joyriding rather than grand theft auto.
Understanding the Differences Between Joyriding Versus Grand Theft Auto Charges
Understanding the differences between the two charges can help you determine if your child is more likely to be charged with joyriding or grand theft auto. CVC § 10851 and CPC § 487(d)(1) are the two California laws that deal with these legal matters.
Let’s take a closer look at the two types of charges and the penalties your child might face if convicted of one.
What Counts as Joyriding?
Joyriding is loosely defined as taking a vehicle without the consent of the owner and, generally, without the intent of keeping it. That is taking it for a joyride and then abandoning it or returning it. According to state law, joyriding could apply to any of the following situations:
- A valet who is supposed to park a car but instead takes the flashy sports car for a ride
- A group of teens take a parent’s or grandparent’s car without their permission to enjoy a day at the beach but don’t get home before the parents report the car as stolen
- A teen steals a golf cart to go to a friend’s house
It’s important to note that unlawful taking of a vehicle applies to cars, trucks, motorcycles, mopeds, golf carts, and any other self-propelled motorized vehicle. It’s also critical to understand that if your child has been caught by the police in one of the above-listed scenarios, there’s a good chance they’ll be charged with joyriding as opposed to grand theft auto.
That said, even reduced charges can seriously damage your child’s future. Luckily, a Los Angeles criminal defense attorney from Simmrin Law Group can protect your child from harsh legal penalties.
What Are the Penalties for Joyriding?
Joyriding, or unlawful taking of a vehicle, is almost always a misdemeanor, especially if your child is a minor and it’s their first offense. However, your child can face a felony charge if they’ve stolen cars in the past or have a violent criminal record. If charged with misdemeanor joyriding, your child could face the following consequences:
- Up to 1 year in jail
- Up to $5000 in fines
- A mark on their criminal record
If your child is charged with felony joyriding, they could face 16 months or two to three years in prison. Whether your child is facing reputational damage, fines, or jail time, it is critical to hire an experienced lawyer. You don’t want to gamble when it comes to your son or daughter’s freedom. A felony can remain on their record for life, which can, in turn, affect their ability to obtain jobs, housing, financing, and more.
What Counts as Grand Theft Auto
Grand Theft Auto is a more serious crime and is almost always a felony. Grand Theft Auto, or GTA, is defined as taking a vehicle without the owner’s consent and with the intent of keeping it for a while. Examples of grand theft auto include, but aren’t limited to, the following:
- Breaking a car window and hot-wiring the car
- Stealing a car with the keys left inside
- Stealing a vehicle with the intent to scrap it and sell it for parts
If you are arrested for grand theft auto, use one of your phone calls to contact a criminal defense attorney right away. Avoid speaking with law enforcement officers without your attorney present, especially after they have read your Miranda rights.
Remember, anything you say to law enforcement officials can be used against you in court. Protect your rights by remaining silent until you have spoken with your lawyer.
What Are the Penalties for Grand Theft Auto?
Grand theft auto is usually prosecuted as a felony, which entails harsher penalties than joyriding. The penalties for grand theft auto include:
- 16 months to 3 years in jail
- 1 additional year in jail if the vehicle was worth more than $65,000, and 2 additional years if it was worth more than $200,000
- A fine of up to $10,000
For both unlawful taking of a vehicle and grand theft auto, penalties are increased if the vehicle you stole was an ambulance, law enforcement vehicle, or fire truck. If you or a loved one was charged with joyriding or grand theft auto, it is important to speak with a criminal defense attorney as soon as possible.
How an Attorney Can Defend Against Joyriding or Grand Theft Auto Charges
An experienced attorney can take several steps to protect your child from a joyriding or grand theft auto conviction. Here’s what an experienced lawyer can do to get your child’s charges reduced or dropped entirely:
- Investigate the incident
- Determine if your child is more likely to be charged with joyriding or grand theft auto
- Gather evidence such as witness testimony, traffic camera and dashboard camera footage, police reports, and more
- Use evidence to build a strong criminal defense case for your child
- Negotiate with the prosecution to reach a plea bargain
- Represent your child in court
- Give compelling opening and closing statements
- Fight to get your child’s case dismissed
- Provide compassionate legal counsel throughout the process
If your child was charged with grand theft auto, one of the most important things your attorney can do is to craft a strong defense case against their charges. A solid defense strategy can result in your child’s charges being reduced to joyriding or another lesser offense. Let’s take a closer look at the arguments your attorney can use to get your child’s charges reduced.
Your Child Had Permission to Use the Vehicle
If your child had written or verbal permission to use the car, it was not stolen. Sometimes, co-owners of a vehicle don’t communicate with each other, and one person will report a car stolen even though the other person gave permission to use it.
If your child is accused of stealing a vehicle that they had permission to use, an attorney can use this evidence to mount a defense against theft charges.
Your Child Was Wrongfully Accused
If your child was arrested because they were in the wrong place at the wrong time or they look like the person who stole the vehicle, a lawyer can help. An attorney can gather the evidence required to mount a defense. In this situation, the primary goal of your Los Angeles criminal defense lawyer is to cast doubt on the prosecution’s case.
If your child is wrongfully accused, your lawyer may use statements and witness testimony to prove that they were not present when the theft occurred or show that they were otherwise incapable of taking the vehicle. Any evidence that proves that they could not have stolen the vehicle can help show the court that they were wrongfully accused.
Insufficient Evidence
In many cases, the evidence against someone accused of vehicle theft isn’t enough to get a conviction, or the evidence is purely circumstantial. Circumstantial evidence is evidence that requires the prosecutor or court to draw a conclusion not specified by the evidence.
Instead of directly proving their point, the prosecution may try to create a logical inference that is not necessarily supported by the evidence.
To convict your child of a crime, the judge or jury must be fully convinced that the child was guilty beyond the shadow of a doubt. If there is not enough evidence or if the evidence is circumstantial, it introduces doubt into the process and makes it less likely that a judge or jury will convict.
Speak With a Criminal Justice Attorney as Soon as Possible
If your child has been arrested for joyriding or grand theft auto, it’s critical that you get in touch with an attorney ASAP. Doing so will give your lawyer the time they need to gather evidence before it goes missing. Getting an early start on your case will also ensure your representative has the time they need to build a strong defense case.
Once you’ve reached out to an attorney, they’ll meet with you for a free case evaluation. During the evaluation, they’ll ask you about the charges your child is facing and answer any questions you have. Once you’ve met, your attorney will get started on investigating the incident and constructing a facts-based legal strategy.
Find Out if Your Child Is More Likely To Be Charged With Joyriding Over Grand Theft Auto
If your child is facing charges of auto theft, you’ll want to hire an experienced attorney from Simmrin Law Group. At our firm, we have years of experience representing minors and others charged with a variety of misdemeanor and felony offenses. We have what it takes to get your child’s charges lessened or dropped.
Contact us today to schedule a free consultation with a skilled Los Angeles theft crimes lawyer. They’ll meet with you to discuss your case and determine if a minor is more likely to be charged with joyriding over grand theft auto.