In California, vehicle theft is taken seriously and can lead to significant penalties. Under Vehicle Code 10851, this crime is defined as taking or driving another person’s vehicle without consent, with the intent to deprive the owner of its possession, whether temporarily or permanently.
Vehicle theft, also referred to as “joyriding,” can be charged as either a misdemeanor or felony depending on the circumstances. If you’re facing vehicle theft charges, here’s a breakdown of what to expect and how to defend yourself.
How Vehicle Theft Is Defined Under California Law
Under California Vehicle Code 10851, vehicle theft encompasses taking or driving someone else’s car without permission. The intent behind the act matters; to be charged with vehicle theft, there must be a specific intent to deprive the vehicle’s owner of their property temporarily or permanently.
This law covers more than just stealing a car to keep it. Even if the intent is to return the vehicle after a short time, you could still face vehicle theft charges. Due to the flexibility of this definition, California courts often see cases involving joyriding, where the vehicle is used briefly without the owner’s permission.
Misdemeanor vs. Felony Vehicle Theft Charges
Vehicle theft is considered a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony based on case-specific details and the accused person’s criminal record. Here’s a closer look at each:
- Misdemeanor Vehicle Theft: Typically, misdemeanor charges apply to first-time offenders or cases involving less severe circumstances. If convicted, penalties may include up to a year in county jail and/or a fine of up to $5,000.
- Felony Vehicle Theft: In cases with aggravating factors, such as prior convictions, the charges are often elevated to a felony. Felony penalties can involve up to three years in county jail. Furthermore, if the vehicle in question is an emergency vehicle (like an ambulance, police car, or fire department vehicle), or if the defendant has previous convictions for vehicle theft, the sentence may increase to up to four years in jail and a fine of up to $10,000.
How Proposition 47 Affects Vehicle Theft Charges
Proposition 47, passed in 2014, reclassified some theft offenses as misdemeanors if the stolen property is valued under $950. However, it doesn’t apply universally to all vehicle theft charges. According to the California Supreme Court, only thefts involving the act of “taking” the vehicle, as opposed to “driving” it, can be downgraded under Prop 47 if the vehicle’s value is below $950. This distinction means that:
- If you’re charged with taking a vehicle valued at less than $950, you may face misdemeanor charges.
- Those previously convicted of felony vehicle theft for taking a vehicle worth under $950 may have the opportunity to have their sentence reduced and be resentenced for a lesser offense.
Possible Defenses Against Vehicle Theft Charges
If you’ve been charged with vehicle theft under VC 10851, there are several potential defense strategies. Here are some common defenses:
- Permission Defense: If you took someone’s car with their implied or explicit permission, this could serve as a defense. For instance, if you regularly use your partner’s car for errands and took it with the assumption of permission, this might help in your defense.
- Claim of Right Defense: If you partially own or have financially contributed to the vehicle, you may have a legal claim of ownership or “claim of right” that could prevent the act from being classified as vehicle theft.
These defenses can be complex, and a skilled criminal defense attorney can help determine which approach is most effective in your case.
Why Legal Representation Is Crucial for Vehicle Theft Charges
The laws governing vehicle theft in California are detailed and specific. Having an experienced attorney by your side can make a significant difference in your case. An attorney can help by:
- Assessing Charges and Negotiating: Your attorney may negotiate with the prosecution to reduce felony charges to a misdemeanor, depending on the details of your case.
- Building a Strong Defense: From analyzing evidence to establishing your intent or rightful claim over the vehicle, a criminal defense attorney will work to ensure the best possible outcome.
If you’re facing vehicle theft charges, the impact on your life can be substantial. Reduced or dismissed charges can help avoid long-term consequences on your criminal record, employment, and personal life.
How Law Office of Michael L. Fell Can Help with Your Defense
At Law Office of Michael L. Fell, we represent clients facing vehicle theft charges and other criminal matters across California. Our team understands the legal complexities and is committed to providing a strong defense for each client. If you’re charged with vehicle theft, contact us at (949) 585-9055 to schedule a consultation and discuss your options.