What are the penalties and punishments for vehicle theft?

Due to the seriousness of the crime, penalties and punishments for vehicle theft can be stiff. But is car theft a felony or misdemeanor?

Depending on the intent laws in the state where a defendant is charged and the circumstances of the theft, the charge for stealing a car can be either a felony or a misdemeanor. Possible sentences for vehicle theft will also be affected by a defendant’s criminal history. 

Vehicle Theft and State Laws

Is stealing a car a felony? That depends on the state and the circumstances. 

Some states have statutes specifically titled, “Vehicle Theft” that detail what stealing a car charge and penalty you may receive.

Alaska, California, and Georgia have penal codes preventing vehicle thefts in addition to their general theft statutes.

Alaska automatically classifies a vehicle theft as a Class C felony. Other states will address auto theft charges through their general theft statutes. In Texas, the value of the property will generally control the level of the offense. The higher the value of the vehicle, the higher the range of punishment for vehicle theft.

An inexpensive vehicle theft, (under $1500), is punished as a misdemeanor punishable by up to a year in county jail. If the car is a collector vehicle owned by Jay Leno and valued at over $200,000.00, then the vehicle theft could be charged as a first-degree felony offense punishable by 5-99 years in prison.

The basic rule is that misdemeanor offenses are usually punished by probation or some period of time in the county jail. Felonies can qualify for probated sentences, but can also include significant prison time.

Vehicle Theft and Punishment Enhancements

Beyond general classifications as a misdemeanor or felony, most states have provisions for enhancing the punishment ranges or penalties for vehicle theft depending on how the offense was committed. If the vehicle was operated in a dangerous way during the theft, then Alaska will increase the punishment range.

In California, if the vehicle was a police car, the level of vehicle theft jumps from a misdemeanor offense to a felony level.

Texas will increase the punishment range to the next higher level if the vehicle theft was committed during a month and county designated by the governor as a disaster area.

Criminal history will also affect the penalties associated with the vehicle theft charge. Virtually every state has some type of provision for increasing punishments for those defendants with repetitions of the same offense. Vehicle theft charges normally classified as misdemeanors will be elevated to felony-level offenses if a defendant has prior convictions for theft. These punishment enhancements are usually in addition to general habitual offender enhancement statutes. 

Even though the potential for enhanced penalties seems overwhelming, a defendant charged with vehicle theft has opportunities for working through the charge. Many prosecutors will agree to drop enhancements if a defendant pays restitution upfront, participates in community service programs, or takes affirmative steps to correct the damage done to a victim prior to the entry of a plea.

Getting Help

We hope you found your answer to “Is auto theft a felony?” and what a motor vehicle theft punishment may entail. If you find yourself facing car theft charges, your best course is to find legal representation right away.

A vehicle theft charge is anything but a joy ride. Because the charges for stealing a car, related punishments, and punishment enhancements can be complicated, a person charged with such a crime should consult an attorney. A criminal defense attorney can help deflate many punishment enhancements by steering a defendant through the penalties and rehabilitative options available in their jurisdiction for vehicle theft allegations.

If you find yourself in need of representation, there are a number of low and no-cost options for legal representation that you may have access to.

Penalties and Punishments for Vehicle Theft: Case Studies

Case Study 1: John’s Comprehensive Insurance Coverage

John owns a car that is equipped with comprehensive insurance coverage. One day, his vehicle is stolen from a parking lot. He immediately reports the theft to the police and informs his insurance company. Fortunately, John had comprehensive coverage, which includes theft protection.

His insurance company conducts an investigation and verifies that the theft occurred. As a result, John is eligible for a claim payout to cover the value of his stolen car. Although he still faces the emotional stress of losing his vehicle, having comprehensive insurance helps alleviate the financial burden associated with the theft.

Case Study 2: Sarah’s Liability Insurance Coverage

Sarah’s car is stolen when she accidentally leaves the keys inside while running into a store. She has liability insurance coverage, which does not provide protection against vehicle theft. In this case, Sarah would not be able to file a claim with her insurance company to recover the value of her stolen car. She is solely responsible for the financial consequences of the theft, including purchasing a new vehicle.

Case Study 3: Michael’s Gap Insurance Coverage

Michael recently purchased a brand new car worth $30,000. He financed the vehicle with a loan. To protect himself against potential financial loss, Michael opted for gap insurance coverage. Unfortunately, his car gets stolen a few months later. Without gap insurance, Michael would still owe the remaining balance on his car loan even after the insurance payout for the stolen vehicle.

However, with gap insurance, the coverage bridges the gap between the car’s value at the time of the theft and the remaining loan balance. As a result, Michael’s gap insurance covers the outstanding loan balance, allowing him to start fresh with a new vehicle.