California Penal Code §487(d)(1) — Grand Theft Auto
PC §487(d)(1) makes theft of an automobile grand theft — a wobbler punishable as either a misdemeanor (up to 1 year county jail) or a felony (16 months, 2, or 3 years under §1170(h)). Unlike joyriding under VC §10851, §487(d)(1) requires intent to permanently deprive the owner of the vehicle. Value of the vehicle is irrelevant — the classification turns on the vehicle itself.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Grand Theft Auto Cases in All LA County Courts
01 — Quick Facts
PC §487(d)(1) — Grand Theft Auto at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §487(d)(1) — Grand Theft of an Automobile |
| Classification | Wobbler (misdemeanor or felony) |
| Misdemeanor Term | Up to 1 year county jail |
| Felony Term | 16 months, 2, or 3 years (§1170(h)) |
| Intent Required | Intent to permanently deprive owner |
| Distinguishes From | VC §10851 (joyriding — temporary deprivation) |
| Wobbler Reduction | PC §17(b) reduction to misdemeanor available |
| Immigration | Aggravated felony risk if sentence ≥1 year |
| Free Consultation | (213) 723-2337 — Rubin Law, P.C. |
01 — What Is PC §487(d)(1)?
What Is California Penal Code §487(d)(1)?
PC §487(d)(1) Reads:
"Grand theft is theft committed in any of the following cases: … (d) When the property taken is any of the following: (1) An automobile."
— California Penal Code §487(d)(1)
§487(d)(1) is one of five categorical grand-theft provisions where the type of property — not its value — controls classification. Any theft of a car, truck, motorcycle, or other automobile is grand theft regardless of value.
Grand Theft Auto vs. Joyriding
The pivotal distinction between §487(d)(1) and VC §10851 (unlawful taking of a vehicle) is intent to permanently deprive.
PC §487(d)(1) — Grand Theft Auto
Intent to permanently deprive owner. Wobbler. §17(b) reduction available. Aggravated-felony immigration risk on 1-year sentences.
VC §10851 — Joyriding
Any taking — permanent or temporary. Wobbler. More commonly charged where vehicle recovered quickly and intent to keep is unclear.
Why This Statute Matters
Grand theft auto is a wobbler with felony exposure, aggravated-felony immigration risk, and lifetime record impact. Rubin Law, P.C. attacks intent, negotiates reduction to VC §10851 or misdemeanor §487(d)(1), and pursues civil compromise (PC §1377) where the vehicle is recovered.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §487(d)(1)
The prosecution must prove each element beyond a reasonable doubt.
Taking of an Automobile
Defendant took an automobile — car, truck, motorcycle.
Property of Another
The automobile belonged to someone else.
Without Consent
Taking was without the owner's consent.
Intent to Permanently Deprive
At the time of taking, defendant intended to permanently deprive the owner.
Asportation
Defendant moved the vehicle, however slight.
04 — Penalties
Penalties for PC §487(d)(1) Grand Theft Auto in California
§487(d)(1) is a wobbler under §1170(h).
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §487(d)(1) — Misdemeanor Filing | PC §487(d)(1) | Up to 1 year county jail | Yes (summary) | No |
| §487(d)(1) — Felony Filing | PC §487(d)(1) | 16 mo, 2, or 3 yrs (§1170(h)) | Yes (formal, discretionary) | No |
| With §666.5 Prior | PC §666.5 | 2, 3, or 4 yrs (§1170(h)) | Discretionary | No |
| Reduced Under §17(b) | PC §17(b) | Reclassified to misdemeanor | Yes | No |
Charging Enhancements
PC §666.5 — Vehicle-Theft Prior
PC §666.5
Prior §487(d)(1) or §10851 conviction elevates term to 2, 3, or 4 years.
PC §12022.6 — High-Value Loss
PC §12022.6
Additional 1–4 years when aggregated loss exceeds statutory thresholds (rare on single-vehicle cases).
PC §186.11 — Aggravated White-Collar
PC §186.11
Where §487(d)(1) is part of a fraud pattern exceeding $100K.
Collateral Consequences
- Felony conviction on record absent §17(b) reduction
- Aggravated-felony immigration risk if sentence ≥1 year
- Restitution to owner (§1202.4)
- Insurance and DMV consequences
- Employment and licensing impact
- Loss of firearm rights on felony conviction
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §487(d)(1) Grand Theft Auto Charges
Rubin Law, P.C. attacks §487(d)(1) at intent and identity.
No Intent to Permanently Deprive
Reframe as VC §10851 — temporary use only. Vehicle recovered quickly, no attempt to alter or sell.
Intent
Consent / Apparent Authority
Owner or family member gave permission; borrowing arrangement.
Consent
Claim of Right
Defendant reasonably believed the vehicle was his (co-ownership, disputed title).
Claim of Right
Mistaken Identification
No fingerprints / DNA / video tying defendant to the taking.
Identity
PC §17(b) Reduction
Wobbler reduction to misdemeanor at prelim or post-plea.
§17(b)
Civil Compromise (PC §1377)
Where vehicle recovered undamaged, civil compromise resolves the case without conviction.
§1377
Constitutional Sources
07 — Court Process
How PC §487(d)(1) Grand Theft Auto Cases Move Through Los Angeles Courts
§487(d)(1) follows standard wobbler-theft procedure.
- 1
Step 1 — Arrest / Cite-Release
Custody or citation depending on vehicle status and priors.
- 2
Step 2 — Filing Decision
DA elects misdemeanor or felony filing based on facts and record.
- 3
Step 3 — Arraignment
Plea entered; bail set if felony filing.
- 4
Step 4 — Preliminary Hearing (Felony)
Intent-to-permanently-deprive contested; §17(b) reduction argued.
- 5
Step 5 — Motions / Diversion
PC §1001.95 judicial diversion evaluated on misdemeanor filings.
- 6
Step 6 — Trial or Plea
Reduction to VC §10851 or §17(b) misdemeanor commonly negotiated.
Los Angeles Courts That Handle PC §487(d)(1) Grand Theft Auto Cases
§487(d)(1) cases are heard in LA County trial courts.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Grand Theft Auto Defense Attorney
Daniel S. Rubin has defended clients charged with grand theft auto and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §487(d)(1) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Grand Theft Auto Cases Throughout LA County
09 — FAQs
PC §487(d)(1) Grand Theft Auto Questions — Los Angeles
What is PC §487(d)(1)?
Grand theft of an automobile — a wobbler punishable as a misdemeanor (up to 1 year) or felony (16 mo, 2, or 3 yrs) regardless of the vehicle's value.
How is it different from VC §10851 joyriding?
§487(d)(1) requires intent to permanently deprive. VC §10851 covers any taking — permanent or temporary. Reduction from §487(d)(1) to §10851 is a common defense outcome.
Does value matter?
No. Any theft of a car, truck, or motorcycle is grand theft under §487(d)(1) regardless of value.
Can §487(d)(1) be reduced to a misdemeanor?
Yes. As a wobbler, §487(d)(1) is eligible for PC §17(b) reduction at preliminary hearing or post-plea.
Is diversion available?
PC §1001.95 judicial diversion is available on misdemeanor filings; not felony filings. Civil compromise (PC §1377) may resolve either.
Does §487(d)(1) affect immigration?
Yes. A theft conviction with a sentence of one year or more is an aggravated felony under 8 U.S.C. §1101(a)(43)(G). Sentence structuring below 1 year is critical.
Available 24/7 — Free Consultation
Charged with PC §487(d)(1) Grand Theft Auto? Call Rubin Law.
Grand theft auto is a wobbler with felony exposure and immigration risk. Rubin Law, P.C. attacks intent and negotiates §10851 / §17(b) reduction. Call (213) 723-2337.