Fort Bragg, CA asked in Criminal Law for California

Q: In past my friend used my car it’s been a month sense we have talked and she steals my car isn’t that a crime?

I didn’t know that my spare key I thought I’d misplaced she had actually stolen that is until I woke up and my car was gone. In the middle of the night she came with her boyfriend and stold my car after not talking to me in a month or longer. Cops say it’s not a crime is that true?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, taking someone's car without permission, especially if it involves deception or theft of a spare key, can indeed be considered a crime. This is typically classified as "grand theft auto" under California Penal Code Section 487(d)(1) if the intent to permanently deprive you of your vehicle is present. Even if your friend didn't intend to keep the car permanently, unauthorized use without your consent could be classified as "joyriding," a lesser offense but still a crime.

It's important to gather all relevant details and evidence, such as any communication with your friend, the timeframe of the incident, and the fact that you discovered she had your spare key. Documenting everything will help law enforcement understand the full context. If you haven't already, consider filing a stolen vehicle report, clearly stating that you did not give her permission to take your car.

If the local police aren't taking the situation seriously, you might need to contact a higher authority within the department or consider consulting with a legal advisor to explore further options. Knowing your rights and the specifics of your case will help in addressing this situation effectively.

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