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10851 A Vc
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Understanding California Vehicle Code 10851(a) – Joyriding
California Vehicle Code 10851(a) prohibits the unlawful taking or driving of a vehicle without the owner’s consent, also known as “joyriding.” This section aims to deter and punish the unauthorized use of someone else’s vehicle.
Elements of the Offense
To be convicted under VC 10851(a), the prosecution must prove the following elements beyond a reasonable doubt:
- The defendant took or drove someone else’s vehicle without the owner’s consent
- The defendant intended to deprive the owner of possession or ownership of the vehicle for any period of time
Penalties
A violation of California’s joyriding law is a wobbler offense, meaning it can be charged as either a misdemeanor or felony.
Misdemeanor
If charged as a misdemeanor, the crime is punishable by:
- Up to 1 year in county jail
- A fine of up to $5,000
- Informal probation
Felony
If charged as a felony, the penalties can include:
- 16 months, 2 years or 3 years in state prison
- A fine up to $10,000 or more
- Formal probation up to 5 years
Whether a case is filed as a misdemeanor or felony depends on the facts and the defendant’s criminal history. Prosecutors tend to seek felony charges if:
- There was damage to the vehicle
- The defendant has a record of vehicle theft crimes
- A weapon was involved
- The vehicle was taken across state lines
Legal Defenses
A skilled criminal defense attorney can often get VC 10851(a) charges reduced or dismissed by challenging the prosecution’s evidence. Common defenses in joyriding cases include:
No Intent to Deprive the Owner
The key element prosecutors must prove is intent – that the defendant deliberately meant to deprive the owner of possession, even if just temporarily.If you had permission to use the vehicle or reasonably believed you had consent, the intent element is lacking. Borrowing a family member’s car beyond what was allowed or keeping a rental car too long are not enough to show intent.
Misidentification
Eyewitness misidentification is a common cause of wrongful arrests and convictions. If the prosecution relies mainly on a shaky witness identification, an attorney can work to undermine it. Factors like poor lighting, brief time to observe and high stress can reduce identification accuracy.
Insufficient Evidence
Prosecutors may lack enough evidence to prove their case beyond a reasonable doubt. Police reports may contain speculation, hearsay or legal errors. Physical evidence may be inconclusive. Thorough investigation and analysis of the evidence can expose holes in the prosecution’s case.
Receiving a Stolen Vehicle – VC 496d
Buying or concealing a vehicle known to be stolen can be charged under this section. It requires proof you knew the vehicle was stolen. Penalties depend on the value of the vehicle.
Grand Theft Auto – PC 487(d)(1)
This charge applies to vehicle theft for the purpose of keeping or selling the car permanently, not just temporarily using it. It is a wobbler with similar penalties to VC 10851(a).
Carjacking – PC 215
Taking a motor vehicle by force or fear carries 3 to 9 years in prison. If a weapon is involved, there is an additional 3-year enhancement.
What to Do If Charged
If you are facing charges under California’s joyriding law, it is critical to retain an experienced criminal defense lawyer immediately. A conviction can result in jail or prison time, fines, loss of driving privileges and other collateral consequences.An attorney can evaluate the evidence against you, identify any police misconduct or legal errors, and develop an aggressive strategy for seeking dismissal or reduction of the charges. This may involve filing motions exposing flaws in the prosecution’s case, negotiating with the DA or taking the case to trial. Don’t leave the outcome to chance – fight the charges with strong legal representation.