What are the consequences for VC10851A? but the minibike was not taken?

VC 10851 is a wobbler - that is, it can be charged as a misdemeanor or a felony. The DA initially makes the decision whether to charge as a misdemeanor or felony depending on his assessment of the seriousness of the crime and the accused's criminal background. The judge can reduce any wobbler felony if he feels the facts warrant it. The sentencing range if charged as a misdemeanor is anywhere from informal probation or up to 1 year and/or $5,000 fine. The sentencing range if charged as a felony (assuming no priors) is anywhere from felony probation to 3yrs in prison and/or $5,000 fine. A 10851 is different from a stolen vehicle because it does not require that the vehicle be taken away from the owner permanently - but you still need to temporarily deprive the owner of title or possession of the vehicle. The changes in the charges that you mention suggest that this case has some unusual facts and that the police and/or prosecutor weren't very clear about what happened. That can suggest a very defensible case. You are wise to consult for an experience criminal defense attorney ASAP.

Vehicle Code Section 10851(a) (auto theft) is a crime that the District Attorney can charge as either a felony or misdemeanor. The maximum punishment for felony auto theft is three years prison and the maximum punishment for misdemeanor auto theft is one year in jail. If the vehicle was not actually taken then the District Attorney may not be able to prove this crime. To be convicted of auto theft there must be an intent to deprive the owner of possession of the vehicle. This may also be a situation where attempted auto theft comes into play. Generally, attempted crimes are punished by imprisonment in a county jail or state prison for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense. Attempted felony auto theft would therefore have a maximum punishment of eighteen months prison and attempted misdemeanor auto theft would have a maximum punishment of six months jail.

A first offense violation of California Vehicle Code Section 10851(a) is punishable by a maximum prison term of three years as a felony. It is a charge that can also be reduced to a misdemeanor, and as a misdemeanor it is punishable by up to one year in the county jail. VC 10851(a) requires that the person "drive or take" the vehicle, and vehicle can include a minibike. DA's offices often charge PC 496(a), which is possession of stolen property, as an alternative count. Depending upon the facts, sometimes the prosecutor will allow a plea to a lesser charge, including petty theft. Punishment can include work program time, house arrest or community service as an alternative to jail time.