Theft and Injury of Vehicles
What counts as a violation of Vehicle Code § 10851?
Vehicle Code § 10851 makes it a crime to take or drive a vehicle without the consent of the owner. To be convicted under Vehicle Code § 10851, the person must have had the intent to permanently deprive the owner of the vehicle of title to or possession of the vehicle.
Under Vehicle Code § 10851(b), if the vehicle is (1) an ambulance, (2) a distinctively marked vehicle of a law enforcement agency or fire department, taken while the ambulance or vehicle is on an emergency call and this fact is known to the person driving or taking, or (3) a vehicle which has been modified for the use of a disabled veteran or any other disabled person and which displays a distinguishing license plate or placard and this fact is known or should reasonably have been known to the person driving or taking, the offense is a felony.
What is the punishment for a violation of Vehicle Code § 10851?
A violation of Vehicle Code § 10851 is a public offense punishable by imprisonment in a county jail for not more than one year or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.
A felony violation of Vehicle Code § 10851(b) is punishable by imprisonment for two, three, or four years or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.
What defenses are available for a violation of Vehicle Code § 10801?
- Lack of intent to permanently deprive the owner of the vehicle
- Consent by the owner to take or drive the car
- Claim of right to the vehicle
