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January 1, 2024

Why Am I Charged with Stealing a Car When I Didn’t Steal It?

You’re blindsided—pulled over, arrested, and accused of taking a vehicle without consent under California Vehicle Code 10851(a) VC. But there’s just one problem—you didn’t steal the car. Maybe you borrowed it with permission, got caught in a misunderstanding, or were simply in the wrong place at the wrong time. Now, you’re facing serious criminal charges, and you need to understand why this is happening and how to fight it with a skilled advocate by your side to shield you against injustice.

What Is 10851(a) VC, and Why Am I Being Charged?

California Vehicle Code Section 10851(a) makes taking or driving someone else’s vehicle without their consent illegal. Unlike grand theft auto, which requires the intent to permanently deprive the owner of the vehicle, a 10851(a) VC violation can apply even if you only intended to take or use the car temporarily.

Essential Components of the Charge

To be convicted under this offense, the prosecution must prove:

• You took or drove another person’s vehicle;
• The owner did not give consent; and
• You intended to deprive the owner of possession, even temporarily.

It’s important to note that 10851(a) VC may not always involve traditional theft. You can be charged for driving a vehicle you were not authorized to use, even if you did not intend to keep it.

Common Scenarios That Lead to Wrongful 10851(a) VC Charges

Many individuals are charged with taking a vehicle without consent under circumstances that don’t warrant a criminal conviction. Let’s explore some everyday situations where that might apply.

Misunderstanding Between You and the Vehicle’s Owner

Perhaps you borrowed a friend or family member’s car and believed you had permission, but they later reported it stolen due to miscommunication or a personal dispute.

Mistaken Identity

Law enforcement may have arrested you based on faulty eyewitness identification or because you were in or near a stolen vehicle.

Being an Unknowing Passenger in a Stolen Car

You could still be charged if you were in a vehicle without knowing it was stolen. Prosecutors may argue you should have known the car was taken unlawfully, especially if the driver exhibited suspicious behavior.

False Allegations

In some cases, individuals falsely claim their car was stolen—either for insurance fraud or personal reasons. These false accusations can lead to wrongful charges against someone who legally had access to the vehicle.

Borrowing Without Explicit Permission

Taking a friend’s or relative’s car without formally asking, even if you intend to return it (also called joyriding), can still result in criminal charges.

Ramifications and Consequences of Violating 10851(a) VC

The penalties for a 10851(a) VC conviction vary based on whether it’s treated as a misdemeanor or felony:

Misdemeanor penalties are as follows:

• Up to one year in county jail;
• A fine of up to $5,000; and
• Probation and potential restitution to the vehicle owner.

The judge has the discretion to sentence you within those parameters.

Felony penalties include:

• State prison for 16 months, 2 years, or 3 years;
• A fine of up to $10,000; and
• A potential additional sentence if the vehicle was stolen with intent to sell or if the defendant has prior convictions.

Any conviction under 10851(a) VC can result in additional penalties, including:

• Restitution. You may be ordered to pay restitution to the vehicle owner for any damages or losses.
• Driver’s license suspension. Your driving privileges may be suspended.
• Criminal record. A conviction will remain on your record, potentially impacting future opportunities.

Talking to a criminal defense lawyer is critical to understanding your rights, fighting these charges, and lessening the possible consequences of a conviction.

What Determines Whether 10851(a) VC Is a Misdemeanor or Felony?

Under the sentencing guidelines in California, judges consider the following factors when deciding to charge this offense as a misdemeanor or felony:

• Criminal history. Prior convictions increase the likelihood of felony charges.
• Intent to keep or sell the vehicle. If the prosecution argues that you intended to sell or permanently keep the car, a felony charge is more likely.
• Whether the vehicle was recovered quickly and undamaged. Returning the car in good condition may work in your favor.

A strong defense strategy can lead to reduced penalties or case dismissal.

Defending Against Wrongful Charges

The right legal defense can make all the difference if you’ve been accused of driving without the owner’s consent.

You Had Permission

If you had the owner’s permission explicitly or through prior agreements, you are not considered guilty under 10851(a) VC.

Lack of Intent to Deprive

To be guilty under 10851(a) VC, the prosecution must prove you intended to keep or unlawfully use the vehicle. If there was no intent, the charge is not valid.

Mistaken Identity or False Allegations

If you were wrongly identified or falsely accused, an attorney can challenge the evidence, including surveillance footage, alibi evidence, and contradictions in witness statements.

You Were an Unknowing Passenger

Simply being present in a stolen vehicle does not mean you committed a crime. This can serve as a defense if you were unaware the car was stolen.

Stand Up for Your Rights with Us

Picture the relief as the charges are dismissed or you hear the verdict of ‘not guilty.’ At the Law Offices of Jennifer R. Solomon, we are dedicated to protecting your rights. We understand that misunderstandings, mistaken identity, and false allegations can lead to wrongful charges. We fight aggressively to clear your name and ensure you aren’t punished for a crime you didn’t commit.

Are you facing a wrongful car theft charge? Every moment counts. Call us today for a free 15-minute case review to start fighting back immediately. Let’s take the first step in building a strong defense.

Frequently Asked Questions

What Should I Do If I’m Falsely Accused?

Contact a defense attorney immediately. They can assess the evidence, communicate with the prosecution, and build a case to protect your rights.

Can I Be Convicted If I Only Drove the Car a Short Distance?

Even a short drive without the owner’s consent can lead to a conviction. However, the distance driven may be a factor in sentencing.

What If I Returned the Car Undamaged?

Returning the car in good condition may be a mitigating factor, but it doesn’t necessarily negate the offense.

Resources:

• CALCRIM No. 1820. Felony Unlawful Taking or Driving of Vehicle (Veh. Code, § 10851(a), (b)).CA Courts, link
•  Probation and Sentencing Handbook. San Diego Superior Court. link  
• Sentencing, Incarceration & Parole of Offenders. California Department of Corrections and Rehabilitation, link
• An Overview of Sentencing in California. California Policy Lab (2022), link