There are several laws that cover the crime of taking a vehicle without permission. The most common criminal charges include: Unlawful Taking or Tampering with a Vehicle, also known as Unauthorized Use of Vehicle (VC 10851); Joyriding (PC 499); and Grand Theft Auto (GTA) (PC 487(d)(1).

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This article is dedicated to a summary of the law, the defense, and the punishment associated with Unauthorized Use of Vehicle (VC 10851(a) [VC10851(A)-F: Take Vehicle Without Owner's Consent/Vehicle Theft]. For information on PC 472(d)(1), please see Grand Theft Auto (GTA).

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In order to find the defendant guilty of VC 10851(a), the district attorney must prove that the defendant:

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• Took, or drove, someone else's vehicle without the owner's consent, and

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• When the defendant took the vehicle, he or she intended to deprive the owner of possession or ownership of the vehicle for any period of time

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Note: Even if the owner of the vehicle has previously given consent to the defendant to drive the vehicle it does not necessarily mean that the defendant had consent at any particular time thereafter.

 

According to VC 10851(a), in order for the crime to have been committed, the vehicle must have been moved at least some distance. For example, if the defendant is found in a vehicle without permission, but the vehicle is not proved to have been moved by the defendant, then VC 10851(a) cannot be proved. However, proof that the vehicle was moved by the defendant can be proved by circumstantial evidence. For example: If the defendant is caught sleeping in a stolen vehicle ten miles from the owner's home, the circumstances will suggest that the defendant drove the vehicle.

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Note: Attempted Unauthorized Use of Vehicle (VC 664/10851(a)) may be charged where the defendant intended to, but did not actually move the vehicle. For example, where a defendant is caught in the act of unlawfully taking a vehicle, but he or she never actually moved the vehicle due to being caught in the act, he or she may be charged with attempted unlawful use of vehicle (VC 664/10851(a)).

 

A vehicle can be a motorcycle, scooter, bus, truck, tractor, etc. There are special penalty enhancements for certain types of vehicles that are stolen, such as an ambulance, firetruck, police car, specialized vehicle for disabled persons, etc.

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Punishment for VC 10851(a)

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Jail: Unlawful Use of Vehicle may be charged as a misdemeanor or as a felony. When VC 10851(a) is charged a a felony, the defendant may face up to three (3) years in jail. When VC 10851(a) is charged as a misdemeanor, the defendant may face up to one (1) year in jail.

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Theft of Emergency Vehicle (VC 10851(b)): Unauthorized Use of an Emergency Vehicle carries a maximum jail sentence of four (4) years for a felony conviction, and one (1) year for a misdemeanor conviction. Also, unauthorized use of a vehicle displaying a disabled person's placard, when the disabled placard is apparent and known to the defendant, then the jail term is up to four (years) as a felony conviction, and up to one (1) year as a misdemeanor conviction.

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Note: Attempted Unauthorized Use of Vehicle, or  VC 664/10851(a), has a maximum penalty of two (2) years for a felony conviction and six (6) months for a misdemeanor conviction. 

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Probation Sentence: Common sentences for first time VC 10851(a) offenders include probation (either with or without jail), split sentences (half time in jail and half out of jail on work release), and suspended sentences (no jail unless the defendant violates his or her probation terms).

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Note: VC 10851(a) and 10851(b) are neither serious, nor violent offense under California law; therefore, the crime is not considered a strike offense per California's Three Strikes Law. If the defendant is sentenced to jail for this crime, he or she may earn up to fifty percent (50%) off his or her jail or work release sentence for good conduct while serving his or her sentence.

 

CIMT: Unauthorized Use of Vehicle is not considered a crime involving moral turpitude.

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In addition to any possible jail/prison commitment, if the defendant is found guilty of unauthorized use of a vehicle per vehicle code 10851(a), the defendant may have his driver's license revoked, be placed on probation, made to pay hefty fines, lose his right to practice a profession (for licensed professions and occupations), lose his right to immigration status (for non-U.S. citizens), face civil lawsuits from the owner of the vehicle taken, and more.

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Defenses to VC 10851

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Typical defenses to a charge of Unlawful Taking or Use of Vehicle, or Unauthorized Use of Vehicle, include: Insufficient evidence, consent (permission to drive the vehicle) mistake of fact (defendant reasonably believed he or she had permission to take vehicle), suppression of evidence, duress, jury nullification, insanity, illegal search and seizure, emergency (vehicle needed to avoid a greater emergency), statute of limitations (3 years for felony VC 10851(a) and 1 year for misdemeanor), and more.

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Note: Per VC 10815(c) In any prosecution for a violation of subdivision (a) or (b), the consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.

 

Plea bargain: A plea bargain is a reduction of a criminal charge to a lighter charge (charge bargaining) and/or a lighter sentence (sentence bargaining) in exchange for a promise from the defendant to plead guilty to a criminal charge. Common plea bargains for unauthorized use of vehicle include a reduction from a felony charge of VC 10851(a) to a misdemeanor charge of VC 10851(a), or a plea bargain for a probation sentence.

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If you are charged with unauthorized use of vehicle or VC 10851(a) and 10851(b), contact our criminal defense lawyers for a free consultation. Call today!!

 

909-913-3138

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