Auto Theft Defense Lawyer in Fairfield

Charge-Specific Defense for Vehicle Code 10851, Grand Theft Auto & Related Offenses

An auto theft arrest in Fairfield, California moves quickly through the system. The charge on the complaint determines your sentencing exposure, the defenses available, and how much time there is to act. Attorney Vincent Maher has conducted over 100 jury trials and is one of the few criminal defense attorneys in California certified as a specialist by the California State Bar. He is also recognized in the National Trial Lawyers Top 100. At The Maher Law Group, APC, we know which statutes the Solano County District Attorney’s Office tends to reach for and how to challenge them.

Facing auto theft charges? Call (888) 744-3057 to schedule a free, confidential case evaluation with The Maher Law Group, APC.

The Three Statutes California Prosecutors Use in Auto Theft Cases

Not every car theft charge is the same. California has three primary statutes, and which one applies shapes everything from the available defenses to the maximum sentence.

Vehicle Code 10851: Unauthorized Taking or Driving

Vehicle Code 10851 makes it unlawful to take or drive someone else’s vehicle without the owner’s consent, intending to deprive the owner of possession, even temporarily. Because no intent to permanently steal is required, this statute covers joyriding as well as outright theft. It’s a wobbler offense, meaning prosecutors can file it as either a misdemeanor or a felony based on the facts and the defendant’s record.

Penal Code 487(d)(1): Grand Theft Auto

Grand theft auto under Penal Code 487(d)(1) applies when a vehicle valued over $950 is taken with the intent to permanently deprive the owner of it, or to do so for long enough that the owner loses a major portion of its value or use. Unlike Vehicle Code 10851, this heightened intent is a required element, and that distinction matters in building a defense.

Penal Code 496d: Receiving a Stolen Vehicle

Penal Code 496d covers possession or receipt of a vehicle the defendant knew to be stolen. Prosecutors use this charge when they can’t prove the defendant took the vehicle but can show knowing possession. A prior felony conviction for vehicle theft can trigger a sentencing enhancement under Penal Code 666.5, adding prison exposure on top of the base term.

Penalties for Auto Theft Convictions in California

The sentencing range depends on whether the charge is filed as a misdemeanor or a felony and whether any aggravating factors apply.

• Misdemeanor Vehicle Code 10851: Up to one year in county jail and a fine of up to $5,000.
• Felony Vehicle Code 10851: 16 months, 2 years, or 3 years in county jail under California’s sentencing realignment law, plus a fine of up to $10,000.
• Aggravated felony (special vehicles): If the stolen vehicle was an ambulance, a law enforcement or fire department vehicle responding to an emergency, or a vehicle modified for a person with a disability, the offense is automatically a felony carrying 2, 3, or 4 years and a fine of up to $10,000.
• Collateral consequences: A felony auto theft conviction can result in the permanent loss of firearm rights under California and federal law.

Why Clients in Fairfield Choose The Maher Law Group, APC

We handle a broad range of criminal defense matters across Solano, Contra Costa, Napa, and Yolo Counties, including drug crimes, gang offenses, DUI charges, and assault and battery charges. That breadth matters in auto theft cases, which often involve parallel charges or prior-conviction enhancements drawn from other offense categories. Our team acts swiftly to build a defense aimed at protecting your rights, your future, and your freedom.

Clients receive direct attention and full confidentiality throughout the process. We understand that an arrest isn’t a conviction, and we approach each case with the aggressive representation that it requires.

Start with a Free Case Evaluation

The earlier we review your situation, the more options we can identify. A free and confidential case evaluation gives you a clear picture of the charges, the prosecution’s likely approach, and the defenses worth pursuing. Call (888) 744-3057 to reach The Maher Law Group, APC today.