Auto Theft Auto is a wobbler in California so it can be charged as either a misdemeanor or a felony. Penal Code § 487(d) defines Grand Theft Auto as a felony. However, Vehicle Code § 10851 defines auto theft as a misdemeanor.

•Grand Theft Auto – In California, GTA is always a felony with a sentencing range of 16 months to 3 years in a state prison. However, a second, or subsequent conviction for Grand Theft Auto or Misdemanor Auto Theft has a sentencing range of 2 to 4 years in prison.

•Misdemeanor Auto Theft – In California, taking the car without the owner’s permission can be misdemeanor auto theft if there are no prior convictions. Misdemeanor sentencing is up to a year in county jail.