Vista DUI Lawyer and Criminal Attorney Peter M. Liss

24 hour hotline
  • DUI / Felony DUI
    • Vista DUI Attorney
    • DMV Hearings
    • DUI Defenses
  • Domestic Violence
  • Sex Crimes
    • Sex Crime Defense
    • Child Pornography
    • Child Molestation
  • Traffic Offense Help
    • Traffic Offense Help
    • Reckless Driving
    • No-License Driving
    • Hit and Run Accident
  • More Practice Areas
    • White Collar Crime
      • Fraud Charges
    • Theft Defense
    • Drug Offenses
    • Violent Crime
      • Weapons Charges
      • The Three Strikes Law
    • Juvenile Crime
  • Resources
    • Contact Us
    • San Diego Office
    • The Criminal Process
    • Criminal Defense FAQ
    • Hiring a Criminal Lawyer
    • Vista Criminal Law Blog
  • Contact Us 24/7
  • En español

Accused of Joyriding in California? About California Vehicle Code 10851

September 13, 2019 Written by Jill Harness and Edited by Peter Liss Last Updated on January 5, 2023

joyriding in california

While everyone has heard of grand theft auto (no doubt partially due to the successful video game franchise), joyriding is a much more common crime in California. That’s because it’s easier for prosecutors to get convictions for this crime than grand theft auto (GTA). Although joyriding, legally known as the unlawful taking or driving of a vehicle or California Vehicle Code 10851, is not as serious as GTA, it is still can carry a heavy sentence and should always be taken seriously. If you have been accused of joyriding in California, please call a criminal lawyer as soon as possible.

Joyriding Under California Law

The unlawful driving or taking of a vehicle involves the theft of a vehicle is the law that covers joyriding, but it also covers other forms of vehicle theft as well. Unlike grand theft auto, the prosecution does not need to prove that someone actually stole a vehicle or intended to keep it. Instead, they must prove you drove or took a vehicle without permission of the owner and intended to deprive the owner temporarily or permanently of the vehicle. This crime covers everything from joyriding, which is temporarily depriving the owner, to theft which means you have no intent to return it. So, the prosecution never has to prove who actually stole the vehicle which is why grand theft auto is so rarely charged.

In court, this crime is neither referred to as “joyriding” or “grand theft auto” but is known for its less glamorous designation of Vehicle Code 10851. In fact, California now limits actual joyriding charges to bicycles and vessels.

Although VC 10851 is a popular crime by minors, it seems to be an equally common crime with adults.  Adults cases sometimes involve theft rings where cars are sold to chop shops. The District Attorney has a special unit devoted to the arrest and conviction of these individuals.

When committed by minors it frequently involves teens who don’t have their license. When this occurs, the minor can also face charges related to driving without a valid driver’s license. It’s worth noting that even a passenger can be charged with joyriding, so even if you didn’t steal the car or drive it, if you knew it was being driven without permission, you can still face charges. Anyone arrested for joyriding in San Diego should contact an attorney before speaking with the police in order to avoid saying something that may harm their defense.

 Consequences of VC 10851

If you’ve been busted for joyriding, you may face felony or misdemeanor charges. If it is charged as a misdemeanor, you could face up to one year in jail and a fine of up to $5,000. If charged as a felony, you could face up to 3 years in prison. You are more likely to face the maximum offense if you were recklessly driving or involved in a crash while joyriding, particularly if someone was injured or killed as a result. If the vehicle that was taken was an ambulance, a police car or a vehicle bearing a disabled placard, the crime is always a felony punishable by up to 4 years in prison. Many people who joyride also do not have a valid license and may be charged for this as well.

The good news is that many of the people who are charged with joyriding charges are minors. In California, juveniles under 12 cannot be charged with a crime and those over 12 will face charges in the juvenile court system, which focuses more on rehabilitation rather than punishment. In fact, many joyriding cases with minors are considered delinquent acts rather than criminal offenses although how to charge the crime will vary based on the specifics of the incident, the offender’s age, the defendant’s criminal history and more. Common penalties for minors who are convicted of joyriding can include community service, counseling, detention, house arrest and a delay in the ability to get a driver’s license. A top juvenile crimes lawyer can help minimize the charges and penalties a teenager may face for joyriding crimes.

Fighting the Joyriding Charges

In many cases, the best option for someone accused of joyriding is to have their driving crimes attorney negotiate a plea bargain on their behalf. But in some cases, it may be better to fight the charges. If you took the car without permission due to a very real emergency, this can serve as a total defense to the charges. Alternatively, there may have been nothing more than a misunderstanding regarding you and the owner of the vehicle and you may genuinely have believed that you could use the car. In some cases, you may believe that you had ownership of the vehicle because, for example, your parent said they bought the car for you and you didn’t realize they were still the legal owner of the car. When this happens, your reasonable belief that the vehicle belonged to you may work as a defense.

Whatever the specifics of your case, it is always advisable to avoid talking to the police without your theft crime lawyer present or you may weaken your defense. To schedule a free initial consultation with Peter M. Liss, please call (760) 643-4050 or (858) 486-3024.

Filed Under: Theft Defense, CRIMINAL DEFENSE, Traffic Offenses, DRIVING OFFENSES, Reckless Driving, THEFT CRIMES Tagged With: auto theft, car theft, joyriding, california vehicle code 10851, unlawful taking of a vehicle, unlawful taking or driving of a vehicle, gta

Call Today, I Can Help You

criminal justice attorney Peter M. Liss
The Experience You Need

I have been practicing law for over 35 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Two Easy-to-Find Offices

My Vista offices are located just off the 78 freeway, directly across the street from the local courthouse and jail facility. For those further south, I have another office in Carmel Valley, off the 5 freeway and highway 56. Both offices offer free parking.

Call (760) 643-4050 Now

You can call my offices any time of day, every day to speak with a live person who can help you schedule a free initial consultation. If you have any questions, I return my calls promptly and courteously.

My Guarantee to You

I ensure all clients receive top quality representation at affordable rates and I accept all major credit cards. Hablamos Espanol.

I’m available, let’s talk

My Practice Areas

I handle all types of misdemeanor and felony criminal cases in San Diego County, including:

  • Driving Under the Influence
    • DMV DUI License Hearings
    • Drug DUI
    • DUI Evidence
  • Domestic Violence
  • Sex Crimes
    • Sexual Assault/Rape
    • Child Molestation
    • Child Pornography
  • White Collar Crimes
    • Fraud Cases
    • Embezzlement
    • Identity Theft
    • Computer Crimes
  • Theft Crimes
    • Petty Theft
    • Grand Theft
    • Shoplifting
    • Robbery
    • Burglary
  • Drug Charges
    • Possession
    • Trafficking
  • Violent Crimes
    • Weapons Offenses
    • Assault
    • Homicide
    • Hate Crimes
    • Gang Crimes
    • Third Strike FAQ
  • Criminal Traffic Offenses
    • Driving on a Suspended License
    • Hit and Run Accidents
    • Reckless Driving
    • Vehicular Homicide
  • Juvenile Crime Defense
    • Truancy
    • Vandalism
    • Minor in Possession

Categories

  • CRIMINAL DEFENSE
  • DUI / FELONY DUI
    • DUI Lawyers Vista
    • License Suspensions
    • Sentencing
    • Traffic Stops
  • DRIVING OFFENSES
    • Traffic Offenses
    • Fleeing the Police
    • Hit and Run Accidents
    • Reckless Driving
    • Street Racing
  • DOMESTIC VIOLENCE
  • WHITE COLLAR CRIME
    • Computer Crimes
    • Fraud Charges
  • DRUG OFFENSES
  • VIOLENT CRIMES
    • Gang Crimes
    • Animal Abuse
    • Assault and Battery
    • Hate Crimes
    • Homicide
    • Kidnapping
    • Weapons Charges
  • SEX OFFENSES
    • Sharing Obscene Materials
    • Sex Offenses
    • Rape
    • Sex Crimes Involving Children
  • THEFT CRIMES
    • Theft Defense
  • FAQs
  • FEDERAL CRIMES
    • Federal Crimes Lawyers in Vista
  • HYPOTHETICAL SITUATIONS
    • Hypotheticals
  • JUVENILE CRIME
    • San Diego Juvenile Crimes Lawyer
  • LEGAL PROCEDURES
    • The CA Legal System
  • SENTENCING ALTERNATIVES
  • CORONAVIRUS NEWS
  • DUI / Felony DUI
  • Driving Offenses
  • Domestic Violence
  • White Collar Crimes
  • Theft Defense
  • Drug Offenses
  • Violent Crimes
  • Sex Offenses
  • Juvenile Crime
  • Privacy Policy
  • Terms of Use

Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

vista crimminal law logo

Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.