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Joyriding

Unlawful Taking or Driving of Vehicle – California Vehicle Code 10851 VC

Unlawful Taking or Driving of Vehicle – California Vehicle Code 10851 VC
Vehicle Code 10851 VC is known as “joyriding,” the taking or driving of a vehicle without permission.

California Vehicle Code 10851 defines the crime of driving or taking a vehicle without consent, known as “joyriding,” as simply unlawfully taking someone's vehicle without permission.

Joying is more commonly described as driving around in a stolen vehicle without any particular goal in mind and frequently committed by juveniles.

Unlike grand theft auto, as defined in Penal Code 487(d)(1), joyriding under Vehicle Code 10851 VC does not involve the intent to permanently keep the vehicle.

The primary difference between the two California crimes typically depends on how long the defendant intended to keep the vehicle that was unlawfully taken.

Under VC 10851, a “vehicle” includes your regular vehicle but also a:

  • commercial vehicle
  • motorcycle
  • scooter
  • bus
  • truck tractor

It's worth noting that the passenger in the vehicle could also be charged with joyriding. The prosecutor is not required to prove that a defendant had an intent to steal the vehicle.

Most joyriding cases are committed by male juvenile offenders who unlawfully take the vehicle. Because they think it's exciting and will give them some type of status symbol among their peers.

Many juvenile offenders who commit a joyriding offense drive recklessly, posing a serious threat to public safety. It's not uncommon for a simple joyriding offense to lead to serious traffic collisions that cause major injuries and property damage.

Vehicle Code 10851 states that joyriding is a California “wobbler” crime that can be filed as either a misdemeanor or felony. Our Los Angeles criminal defense lawyers are providing a more detailed review below.

Juvenile Court System in Los Angeles County

In most situations, a joyriding defendant is a minor, and the Los Angeles County Juvenile Court will have jurisdiction over the case.

Under the juvenile court system, many crimes might be considered delinquent acts rather than crimes.

Juvenile Court System in Los Angeles County
Under the California juvenile court system, there are many types of offenses that could be considered a delinquent act, rather than a crime.

In making their decision on how to charge an offense, the court will typically consider the following:

  • nature of the crime
  • age of the minor
  • criminal record

By having a juvenile criminal attorney on your side, you will have a much better chance of obtaining the best possible outcome on the case. Penalties for a Vehicle Code 10851 violation include:

  • house arrest
  • community service
  • driver's license suspension

If your child has been accused of joyriding, it's crucial to seek legal counsel from our Los Angeles criminal defense law firm. We're here to review the details of the case and provide the support you need.

What is the Definition of Joyriding?

California Vehicle Code 10851 VC defines the crime of joyriding:

  • Anyone who drives or takes a vehicle not their own, without permission, with intent either to permanently or temporarily deprive the owner of possession of the vehicle, with or without intent to steal the car, or anyone who is an accomplice in driving or unauthorized taking or stealing vehicle, is guilty and punishable by imprisonment of up to one year in county jail, a fine up to $5,000, or by both.

It should be noted that the term “taking” a vehicle means moving it, no matter the distance, and it doesn't matter how long you had possession of it.

If the owner was deprived of possession of their vehicle for any amount of time, then you could be facing joyriding charges.  As stated, there is no legal requirement that you had intent to steal the vehicle.

What Must Be Proven for a VC 10851 Joyriding Conviction?

In order for the prosecutor to obtain a conviction for VC 10851 joyriding, they have to prove, beyond a reasonable doubt, all the elements of the crime that are listed under CALCRIM 1820:

  • you took or drove the vehicle
  • you were not the owner of the vehicle
  • you did not have consent from the owner to take the vehicle

If it can be proven that the defendant had intent to permanently keep possession of the vehicle or just kept it for a substantial period of time, they could be charged under California Penal Code 487(d)(1), grand theft auto.

What are the Penalties for VC 10851 Joyriding?

Vehicle Code 10851 joyriding is a California “wobbler,” which means the prosecutor can file the case as either a misdemeanor or felony.

What are the Penalties for Vehicle Code 10851 Joyriding?
The crime of VC 10851 “joyriding” is a California “wobbler” meaning the prosecutor can file the case as either a misdemeanor or felony crime.

If convicted of misdemeanor joyriding, the penalties include the following:

  • up to one year in county jail
  • a fine up to $5,000, or both.

If convicted of felony joyriding, the penalties include:

  • 16 months, 2 years, or 3 years in county jail
  • a fine up to $10,000, or both.

If convicted of joyriding in an ambulance or police squad car, it will be filed as a felony offense, punishable by 2, 3, or 4 years in county jail and a fine of up to $10,000.

The related California crimes for joyriding include:

How Can I Fight VC 10851 Joyriding Charges?

Our Los Angeles criminal attorneys can use a variety of strategies against your charges of joyriding. While every case is unique, some of the most common defenses include:

Consent -We might be able to argue that you had a reasonable belief the owner gave you consent to take the vehicle. Recall from the elements of the crime that the prosecutor must be able to prove you didn't have permission to take the vehicle. It might be possible to show that you thought you had consent.

Misunderstanding – Another potential defense includes making an argument there was simply a misunderstanding between you and the vehicle owner. Perhaps we could show some evidence you had a reasonable belief there was some type of agreement that you could take the vehicle.

Vehicle Ownership—We might be able to argue that you had a reasonable belief the vehicle belonged to you. For instance, perhaps you believed you were a partial owner because you shared the vehicle with someone else.

Contact Cron, Israels & Stark for Help

How Can I Fight Vehicle Code 10851 Joyriding Charges?
Contact our Los Angeles criminal defense law firm for help with VC 10851 joyriding charges.

Many teenagers may perceive joyriding as a harmless act, but the legal consequences of a Vehicle Code 10851 VC joyriding conviction can be life-altering.

If your child was accused of joyriding, you need to contact our Los Angeles criminal defense lawyers to review the details of the case. We have a track record of success defending juvenile clients and will fight for the best possible outcome. California Business and Professions Code 25661 defines the crime of minors possessingpossession of a fake ID.

Cron, Israels & Stark is a top-rated criminal defense law firm with a team of highly experienced lawyers.

We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our office for a free case evaluation at (424) 372-3112.

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