While unauthorized use of a vehicle (or joyriding) means intending to temporarily take someone else's car, auto theft means taking someone else's vehicle with the intent to permanently deprive them of it. The difference in intent translates into a difference in the severity of the charges and the resulting penalties if someone is convicted. Read on to understand what a joyriding charge means, what the difference between this charge and that of grand theft auto are, and what some of the potential defenses are in either case.
Usually speaking, a charge of unauthorized use of a vehicle means a charge of operating or taking someone else's vehicle without their permission to: take it temporarily from the owner, or without the motive to take it from the owner permanently. Joyriding can be prosecuted as either a misdemeanor or a felony. This means then that a conviction could mean either up to a year in prison or up to a year in jail, and either way, a fine could accompany the sentence. But the penalties for a felony are more severe for a felony than for a misdemeanor, and joyriding is usually a misdemeanor.
Restitution may be included as well in cases where a person convicted of joyriding damaged the vehicle or some other property, or if they injured others. Restitution would be repayment for the costs associated with the damage, such as medical bills. If a parent is worried about whether or not insurance will cover their damages if their teen takes the car for a spin without permission and gets into a crash, there is no need to fear, in most states anyway. Insurance will often cover instances of joyriding, but not theft.
As for the criminal case, joyriding is sometimes treated as a lesser-included offense under auto theft. What this means is that joyriding is sometimes considered to be an element of grand theft auto, so that if someone commits car theft, they have also committed joyriding. In some states, a court will view joyriding as one step away from auto theft because the only thing missing is the intent to permanently take away the car. In other states that do not have this view, however, a defendant could be convicted of both joyriding and grand theft auto, penalized for two different crimes instead of one. So how a court treats the unauthorized use of a vehicle affects how a jury will be instructed, if a defendant can be convicted of joyriding in the face of a theft charge, and whether or not double jeopardy kicks in.
In whatever form it comes, one of the main defenses available in a joyriding case is the defense of consent, that the vehicle owner gave permission to the defendant to use it. But it is not enough to say that the owner gave this permission before; the defense would have to show that permission was given to the defendant for that specific occasion.
Sometimes, joyriding itself can be a defense against a charge of grand theft auto. Vehicle theft is usually a felony, entailing serious penalties and a serious criminal record. Sometimes a way to counter this charge is to show that the defendant lacked the intent to permanently deprive the owner of their vehicle, that the alleged offense could only be joyriding at most.
Whatever criminal charges you face, however, a conviction would mean at least one penalty for certain: a criminal record. This could get your job, housing, and schooling applications denied in an instant. To find the rigorous defense you need, find an experienced criminal defense attorney on our directory today.
