Driving or Taking a Vehicle without Consent: CA Vehicle Code

Are you facing charges under CA Vehicle Code 10851(a) – Driving or Taking a Vehicle without Consent? The consequences could be severe when you are accused of driving or taking a vehicle without consent. You must take action to defend yourself when you have been accused of an offense of this nature.

We can connect you with a criminal defense attorney to learn more about California Vehicle Codes and which defenses may be favorable in pursuing an acquittal.

What Is California Vehicle Code 10851(a)?

Under California VC §10851(a), it is illegal for someone to take another person’s vehicle without that person’s consent. Driving or taking a vehicle without consent may be referred to as joyriding.

Some examples of joyriding could include:

Borrowing a friend’s car without their permission
Hotwiring someone’s car so you can take it to your intended location
Taking a parent’s car without their consent

If the prosecutor hopes to obtain a guilty verdict for joyriding, they will need to show that these elements of the offense have been met:

The defendant took or drove another person’s vehicle
The defendant did not obtain the vehicle owner’s consent or permission before taking or driving the owner’s vehicle
The defendant intended to deny the vehicle’s owner of their vehicle for any amount of time

It does not matter whether you were temporarily or permanently denying the vehicle owner their vehicle. Borrowing or stealing another person’s vehicle is grounds for a joyriding charge under California VC §10851.

What Is Joyriding Under California Law?

Joyriding differs from grand theft auto because those who obtain these vehicles do not intend to keep them. They want to drive them around for a while and then abandon them. However, because joyriders tend to drive recklessly, they can endanger others’ lives.

While “joyriding” sounds like a fun and harmless term, California courts treat this law seriously. According to state law, joyriding is taking or driving someone else’s vehicle without first receiving their permission.

It does not matter how long the person accused of joyriding has another individual’s vehicle. Whether they have it for one minute or one hour, it can be considered joyriding if they obtain the vehicle without the owner’s consent.

What Are Examples of Joyriding?

One might assume that taking or driving another person’s vehicle can only happen if one person has illegal intentions. But sometimes, the intent is not to break the law. Regardless of a person’s intentions, taking a vehicle without the owner’s consent is an illegal act.

Some examples of joyriding include:

Ted is staying at his friend Mary’s house. She took the train to her destination and chose to leave her car at home. Is it illegal for Ted to grab her keys and drive Mary’s car to the store to pick up some items? It is if he does not ask her first and get her permission.
Frank rings his neighbor’s doorbell to ask them for a ride to the stadium to see the football game. They do not answer the door, but he notices that their car keys are in their truck. Is Frank breaking the law if he jumps in and drives the truck to the game? Yes.

It does not matter if the person who took the car has a good relationship with the car owner. If they do not ask for permission to borrow their car, they are within their rights to call the police and have him arrested for breaking the law.

Offenses Related to CA Vehicle Code §10851

There are multiple other criminal offenses you could be charged with in addition to California VC §10851(a). Some of the more common offenses include:

California PC 487 – Grand theft under: When the theft of property is valued at greater than $950, you can be charged with grand theft, which is a wobbler offense and means you could be charged with a misdemeanor or a felony based on the item’s value, your criminal record, and other factors.
California PC 487(d)(1) – Grand theft auto: Grand theft auto charges mean you have been accused of permanently taking someone else’s vehicle. This is a wobbler offense, so you could be charged as a misdemeanor or a felony based on the specific circumstances of your case.
California VC §10853 – Malicious mischief to a vehicle: When you damage, deface, or destroy a motor vehicle without the vehicle owner’s permission, you can be charged with a misdemeanor offense. If you are found guilty of malicious mischief, you could face up to six months in county jail.
California PC 459 – Auto burglary: You could face auto burglary charges when you are accused of entering a locked vehicle or trunk to steal the vehicle or any property within the vehicle or commit a crime inside the vehicle. This is considered second-degree burglary and a wobbler offense.

When you have questions about the charge of driving or taking a vehicle without consent, we can connect you with criminal defense attorneys who can fight for your rights and work to protect you from being taken advantage of during the legal process.

Penalties of a Conviction Under California VC 10851

If you are found guilty under California Vehicle Code §10851(a), the penalties can vary based on whether you were charged at the misdemeanor or felony level.

If you were charged with misdemeanor joyriding, you could expect to spend as much as one year in county jail and pay fines as high as $5,000. If you were charged with felony joyriding, you could expect to spend up to three years in a California state prison and be ordered to pay fines as high as $10,000.

You could expect increased penalties if certain aggravating factors apply, such as:

The use of a deadly weapon
Having a prior felony conviction on your record
Theft of a law enforcement vehicle, fire truck, ambulance, or other government vehicle during an emergency

You might also expect to have your license suspended, be ordered to participate in community service, be placed on probation, and complete a drug or alcohol treatment program.

Your attorney can give you a better idea of which consequences you could face after carefully reviewing your case’s circumstances. Connect with a Los Angeles DUI lawyer today to discuss your case and review the options you have to fight the charges of driving or taking a vehicle without consent.

Challenging Charges Under California VC 10851

Defending yourself when you have been charged with taking a vehicle without consent can be challenging. However, certain defenses could be used to seek a charge reduction, dismissal, or acquittal.

These defenses include:

You had the owner‘s consent: The prosecutor can only obtain a conviction for joyriding if you did not have the owner’s consent to take the vehicle. However, this consent cannot be presumed for this defense to be viable.
You believed you were the owner of the vehicle you took: If you were the rightful owner of the vehicle and are questioned, you should not be convicted of a crime under California VC §10851(a). Your attorney will need to closely evaluate your claim of right to determine who the vehicle owner or owners are.
You were under duress: If you were forced to take someone else’s car, you should not be found guilty of joyriding or taking a vehicle without consent under California law. Had you not been under duress, it is unlikely that you would have committed the act in question.

Get Connected With a Criminal Defense Attorney in California Today

If you previously thought charges under CA Vehicle Code 10851(a) – Driving or Taking a Vehicle without Consent were minor, you may be shocked at the potential consequences you are facing.

Prepare the strongest defense possible when you connect with a California criminal defense lawyer for help. Contact Los Angeles DUI Lawyer by filling out our quick contact form or calling us to be connected with a local attorney to discuss the specific details of your case.

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CA Vehicle Code 10851(a) – Driving or Taking a Vehicle Without Consent