Vehicle Theft and Unlawful Taking (VC 10851)

People say “grand theft auto” for every case involving a car, but California has two separate statutes here and they are not the same offence. Which one appears on the booking sheet affects the bail figure.

The two statutes

Both are wobblers — chargeable as a felony or a misdemeanour, at the prosecutor’s discretion. That matters enormously for bail, because the schedule figure for a felony and a misdemeanour are very different, and the charge at booking is the arresting officer’s, not the prosecutor’s. A case booked as a felony can be filed as a misdemeanour, or not filed at all. See felony bail and misdemeanour bail.

The companion charge almost everyone gets too

Penal Code 496d — receiving a stolen vehicle — is frequently charged alongside or instead of the taking itself, particularly where someone was found driving a car they did not take. See receiving stolen property. Where a vehicle was taken from a person by force or fear, the charge is not vehicle theft at all but robbery or carjacking, which are treated far more seriously and may be strike offences — see three strikes and bail.

What moves the number

• Felony or misdemeanour filing — the single biggest factor.
• Multiple vehicles or multiple counts, which stack on the schedule.
• Prior convictions, which can affect both the charge and the amount.
• Enhancements where a weapon or injury is alleged — see enhancements and bail.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required before release in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

The process around it

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, then our Orange County and Los Angeles County jail guides, and find an inmate.

Neither county’s Superior Court publishes a public city-by-city table assigning criminal cases to courthouses. The release paperwork names the courthouse, date and time, and it governs — see understanding your release paperwork and all courthouses.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, not by the arresting agency, and bail schedules are revised annually. Always confirm current details with the facility, the court, or a criminal defence lawyer. California bail license 1841014.