Joyriding Can Be Charged as a Misdemeanor or Felony. Joyriding, also known as taking an owner's vehicle without their consent, is defined under California Vehicle Code 10851 VC and can have serious consequences. You used to be subject to potentially three years in prison, but now, since Governor Brown has changed the prison and county jail system, a conviction for the theft crime of joy-riding would not expose you to prison.
However, it could still result in a significant period in county jail, a complex sentence to complete due to overcrowding in Los Angeles County.
It would expose you to time in county jail, which is a complex sentence to complete because the county jail in Los Angeles County is highly overcrowded. You'd be put in with a population of people, many of whom have committed grave crimes and have been convicted and sentenced to prison, but are serving their prison sentences in a county jail.
Joyriding is a crime that can be charged as a felony or a misdemeanor. Usually, if someone takes another person's vehicle without their consent, it is typically classified as a felony, not a misdemeanor.
Often, I see these cases arise from individuals keeping rental cars for too long, failing to communicate with the rental car company, and not paying the rental car company's bill. Therefore, the rental car company informs the police that the person has violated their contract, and it appears they are attempting to steal the vehicle.
The police then take a police report and, often, issue a warrant for the arrest of the person who is the registered owner of the vehicle. So, that's one angle that I've seen charged under Vehicle Code Section 10851. Additionally, someone may see a car with the keys in it, jump in, and decide to take it for a joyride, with no intention of keeping it; this can also fall under the umbrella of taking a vehicle without the owner's consent.
Unlawful Taking or Driving of Vehicle – Vehicle Code 10851
When we conduct preliminary hearings on felony cases, we always call the vehicle owner and ask, 'Do you recognize that person sitting over there?' ' Yes. Did you permit that person to take your car? No. Do you know that person?
No. So, now they're meeting the elements of the crime to show that the individual took the vehicle without the owner's consent. See CALCRIM 1820 Jury Instructions, unlawful taking or driving of the car. Another significant issue in these cases is whether the person intended to permanently deprive the individual of the vehicle. Sometimes, the person is just taking it for a joyride.
They're either going to return it after they're done, or they'll just park it somewhere and leave. They have no intention of keeping the vehicle, selling the car, or having it chopped up for its parts to be sold. That will be a much more difficult situation than a joy-riding case if that's the situation.
So, suppose you're charged with joyriding — taking a vehicle without the owner's consent, any vehicle theft-related offense, worst-case scenario. In that case, you're looking at a county jail sentence, usually up to three years, unless you're charged with other charges or you have other convictions on your record that can enhance your sentence in the current case.
The legal process will involve a trial, where the prosecution will present their case, and your defense attorney will have the opportunity to present your defense. The judge or jury will then make a decision based on the evidence presented. It's important to note that the legal process can be complex and lengthy, involving pre-trial motions, jury selection, opening statements, witness examination, and closing arguments. Having a skilled defense attorney by your side can greatly improve your chances of a favorable outcome.
The best thing to do if you want to get a good idea of what you're facing is to sit down with a criminal defense attorney who is familiar with these types of cases. A defense attorney can provide you with a clear understanding of the charges against you, the potential consequences, and the best course of action to take. They can also gather all the necessary information to evaluate your case and make a decision as to whether or not you're facing a long custody sentence or other penalties. This step is crucial in navigating the legal process and ensuring you have the best possible defense.
Defenses for Vehicle Code 10851 Joyriding Cases
Another significant aspect of these theft-related offenses is (1) whether the person recovered the car. If you steal somebody's car, it disappears, and they never get it back. The prosecutors are unlikely to be pleased with that, and they will charge and punish you accordingly.
Also, suppose they get the car back, and it has a lot of damage. In that case, they're going to want restitution, and if you can't pay the refund, then a lot of times they're going to take it out of your hide, meaning they're going to try to sentence you to a lengthy jail sentence and tell you to pay the restitution.
But suppose, on the other hand, you can come up with any restitution related to the theft of a vehicle. If that's the case, restitution is owed, which can be used as a bargaining chip to negotiate a successful resolution in the case. In other words, the prosecutor is looking into these joy-riding theft crime cases to make the victim whole and return their car. A skilled defense attorney can help negotiate a resolution that is favorable to you, potentially reducing your sentence or even leading to a dismissal of the charges.
Returning the car undamaged and reimbursing any lost money due to the theft can lead to a successful resolution. This possibility can provide a sense of optimism in an otherwise challenging situation.
If the defense can assist in that, we put ourselves in the best possible position to avoid jail time and receive a sentence that may be reduced to a misdemeanor, potentially leading to its eventual dismissal after the probationary period is over. On the other hand, if we're looking to fight our joyriding case, we're going to need a good defense. For instance, demonstrating that we're not the ones who took the vehicle or proving that the owner permitted us to use the vehicle can be successful defenses in a joyriding case.
Perhaps we need to demonstrate that we're not the ones who took the vehicle. This emphasis on the importance of a good defense can reassure the audience that they have options and support in their legal journey. It's important to understand that the outcome of a joyriding case can have long-lasting effects on your life, so it's crucial to take your defense seriously and work with a skilled attorney to achieve the best possible result.
Perhaps we can demonstrate that the other person gave us their consent or permission to use the vehicle. Perhaps they attempted to withdraw it or take it back, but didn't communicate this effectively to the defendant, so the defendant reasonably believed they had the right to use it.
For example, in our rental car situation, I think the rental car company would have a hard time proving that no permission or consent was given if they charged somebody's credit card while the car was in use. If the person was up to date with their payments, then how is it a theft case if they're receiving the money for the vehicle?
Only charge the credit card if the person uses the car with your permission. Do a police report. However, I often see these rental car companies still charging the person, and if that's the case, the person may well argue that they have the rental car company's consent and permission.
So, I can think of many different scenarios in these joy-riding or theft-related cases where somebody can get arrested and charged. I can also think of many other defenses, but it depends on the particular circumstances of your case. That's why we must sit down and review everything step by step.
We review the discovery in the case, which includes the witness statements in the police report, and then we sit down to discuss the best way to conduct damage control and mitigate the impact of your joy-riding case.
