PC §108(D) - GRAND THEFT AUTO
CLASS F FELONY
(a) Definition
Grand theft auto is defined as the unlawful taking and driving away of another person's motor vehicle, without their consent and with the intent to permanently deprive them of the vehicle.
(b) Elements of the Offense
To prove grand theft auto, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant took and drove away another person's motor vehicle.
The motor vehicle belonged to someone else and was taken without their consent.
The defendant intended to permanently deprive the owner of the motor vehicle.
(c) Defenses
Defenses to a charge of grand theft auto may include, but are not limited to:
Lack of intent: The defendant did not intend to permanently deprive the owner of the motor vehicle.
Claim of right: The defendant reasonably believed they had a right to the motor vehicle or a good faith belief that they were the rightful owner.
Consent: The owner consented to the defendant taking the motor vehicle.
Mistake of fact: The defendant mistakenly believed they had the owner's permission to take the motor vehicle.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for auto theft or other related offenses.
Use of force, threats, or coercion in the commission of the theft.
Theft of a motor vehicle with a high value or specialized features.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000
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