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Call Us Now“Joyriding Charge” – What is it and how is it different from GTA?
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Joyriding is a crime where you take, drive or use someone else’s motor vehicle without consent, but you don’t intend permanently to steal the vehicle.
Joyriding is different from grand theft auto in terms of:
- the criminal intent necessary to commit the crime,
- the value of the vehicle involved, and
- the penalties imposed.
Note that joyriding is sometimes referred to as the “unauthorized use of a motor vehicle.”
Most states say that both joyriding and grand theft auto can lead to serious
- misdemeanor or
- felony charges.
Please contact a skilled criminal defense attorney today if you or a loved one is facing allegations of either offense.
1. Is there a difference in intent when it comes to joyriding and grand theft auto?
Yes. Most state laws say that the main difference between the two crimes relates to how long an offender intends to keep a vehicle away from its owner.
You are typically only guilty of grand theft auto if you intend to permanently deprive a vehicle owner of the person’s vehicle.
In contrast, you can face joyriding charges by just taking a car without the consent of the owner. Guilt does not require that you intended to permanently keep the auto away from its owner.
Consider California law as an example. The law says that you commit grand theft auto if you:
- take a vehicle, and
- do so with the intent to steal the car permanently, or for a long enough period of time to deprive the owner of significant value or enjoyment of it.1
However, California law says that a prosecutor can bring a joyriding case if you:
- take a vehicle, and
- do so with the intent to deny the owner of the vehicle from possession of the auto for a period of time.2
So, for California, and most other states, joyriding requires that you just intend to deprive a vehicle owner of the car for any period of time, even half an hour or less. But grand theft auto requires an intent to steal a car
- permanently or
- for a long period of time.
2. Does the value of the stolen vehicle matter?
Most often, yes. Most states say that you are only guilty of grand theft auto if the value of the stolen vehicle is above a certain threshold. The value of stolen cars usually does not matter with a joyriding offense.
For example, Illinois law says that you are guilty of grand theft auto if the value of the stolen vehicle exceeds $500.3 You will likely still face criminal charges for vehicle theft/car theft if the value of the stolen auto is $500 or below. However, you will likely face
- petty theft charges as opposed to
- grand theft charges.
Most states, though, say that the value of a vehicle does not come into play in determining if you are guilty of joyriding. The value may ultimately impact the sentence for the crime, but value is not an element of the crime.
3. Are the penalties different for the two offenses?
Most often, yes. State laws can vary when it comes to whether a prosecutor will charge grand theft auto or joyriding as a felony or a misdemeanor.
With that said, grand theft auto offenses are generally considered felony theft crimes. Joyriding, by contrast, will typically lead to either misdemeanor or felony charges.
Felony charges, in general, carry more severe penalties than misdemeanor charges.
Most states say that a felony conviction is typically punishable by:
- custody in state prison for up to five years, and/or
- a maximum fine of $10,000.4
Most states say that a misdemeanor is typically punishable by:
- county jail time of up to one year, and/or
- a maximum fine of $5,000.5
Penalties for both types of crimes may increase if you have a criminal history.
Please note that no matter how a prosecutor files a joyriding or auto theft offense, people should contact criminal defense lawyers for help.
Most criminal defense law firms and joyriding lawyers provide free consultations. This means you can gain legal advice without spending a dime.
Further, the communications with an attorney are most often protected by the attorney-client relationship. A lawyer cannot disclose your confidences with someone else without usually first gaining your consent.
Legal References:
- CALCRIM No. 1800 – Theft by Larceny, Judicial Council of California Criminal Jury Instructions (2021 edition). See also California Penal Code 484 PC.
- California Vehicle Code 10851(a) VC. See also People v. Bullard (2020) 9 Cal. 5th 94.
- 720 ILCS 5/16-1(a) – Illinois General Assembly.
- See, for example, Rev. Code of WA. 9A.20.021.
- See, for example, Rev. Code of WA. 9.92.020.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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