Can a Car Thief Be Charged with Petty Theft Instead of Grand Theft?

In some states, the crime of larceny has no subcategories and encompasses all types of theft. However, in most states, the law distinguishes between petty theft and grand theft based on the worth of the item stolen. Typically, petty theft applies to items of minimal value and is a misdemeanor offense. Grand theft, on the other hand, applies to items of more substantial value and may be classified as either a misdemeanor or a felony depending on the state. Read on to learn if a car thief may ever receive a petty theft charge rather than the standard grand theft auto charge.

Grand Theft vs. Petty Theft

Each state distinguishes grand theft from petty theft with different standards. For example, in California, grand theft is the charge associated with the theft of an item valued at more than $400. Depending on state law and the egregiousness of the theft, grand theft may be considered a felony, punishable by jail time and fines, or a misdemeanor, punishable by relatively minor jail sentences and/or fines. Petty theft applies to the theft of items worth less than $400 and is classified as a misdemeanor.

These laws naturally beg the question: would an auto thief ever receive a petty theft charge if the stolen vehicle were worth less than $400 (or whatever the state maximum is for the charge)? In most states, the answer is no. For instance, California has a law that requires a grand theft charge when certain property is stolen regardless of its value. In the state of California, this exception applies to firearms, the theft of more than $100 of agricultural goods, and motor vehicles of any value.