Theft of Means of Transportation Defense

Defending Auto Theft and Carjacking Cases in Tucson

Auto theft is a common crime in Arizona, with Arizona ranking in the top 10 in the nation for auto theft.  In Tucson, theft of means of transportation, as it is called under Arizona law, is a common felony charge, and is prosecuted aggressively by the Pima County Attorney's Office.  While most Arizona theft offenses are graded on the basis of value, all auto theft is punishable as a felony, even in the absence of an intent to permanently deprive (more on that below).  If you or a loved one has been charged with theft of means of transportation (auto theft), unlawful use of means of transportation (joyriding), failure to return a rental car, or failure to return a repossessed vehicle, or taking of a means of transportation by force/threat of force (carjacking), contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.  520-585-5757.

WHO CAN BE CHARGED WITH THEFT OF MEANS OF TRANSPORTATION?
Under Arizona Law, a "means of transportation" is defined as any vehicle.  Taking of a means of transportation can be done by physical taking, by deception, by force/threat of force (robbery), or other means.  If there is evidence of an intent to permanently deprive the owner of the vehicle, that will be considered theft.  Unlawful use of another person's vehicle, commonly called "joyriding" is charged when a vehicle is taken without the owner's permission, but there is no evidence of intent to permanently deprive the owner (e.g. statements conveying intent to sell the stolen car).  A passenger in a stolen vehicle can also be charged, but the prosecution would have to prove that they knew the car was stolen/unlawfully used, or should have known based on the circumstances (e.g. driver is using a screwdriver).  Failing to return a rental vehicle, or a leased or financed vehicle that is behind on payments and has been repossessed is also a serious crime.  In these cases, simply not returning the car as directed, or hiding the vehicle from the rightful owner will lead to felony charges.  Stealing an engine or transmission will be a felony regardless of value.

WHAT ARE THE PENALTIES FOR STEALING A CAR?
Theft of a means of transportation, i.e. taking of another person's vehicle with the intent to permanently deprive the owner thereof is a Class 3 felony.  While this charge is eligible for probation consideration, a Class 3 felony is carries a presumptive sentence of 3.5 years in prison, for a first offense.  For unlawful use (joyriding), a driver faces a Class 5 felony, and passengers face a Class 6 felony, with presumptive sentences of 1.5 years and 1 year, respectively, for a first offense.  Taking of an engine or transmission is a Class 4 felony, and carries a presumptive penalty of 2.5 years for a first offense, and a maximum of 15 years.  Failure to return a rental car is a Class 5 felony, and failure to return a repossessed vehicle is a Class 6 felony.  Arizona does not have a separate statute for carjacking, which is the theft of a vehicle by force or threat of force, a person who takes a car by flashing a weapon or forcing the driver out, can be charged with robbery.  Armed robbery is a Class 2 felony, so would be even more severely punished than a simple taking of a vehicle.  Clearly, the penalties for taking a vehicle are severe, and should be taken very seriously by anyone charged.

DEFENSES TO AUTO THEFT CHARGES
The best defenses to theft offenses are consent, and lack of intent to permanently deprive.  With many other kinds of theft, if the government cannot prove an intent to permanently deprive (i.e. the defendant may have returned the item), then the taking might not actually constitute a crime.  In the case of auto theft charges, however, a lack of intent to permanently deprive merely reduces the severity of the offense, but unlawful use of a means of transportation is still a felony.  It may also be a defense to assert a mistake of fact, where a person inadvertently takes a vehicle believing that it is their vehicle.  This defense would typically be farfetched, but there are scenarios where taking another person's vehicle would not be a crime.  For example, if a valet gives a person the wrong car, that is also the same model, and the person drives away with the wrong car, they should not be charged with a crime.  Although most auto theft charges stem from the defendant being arrested in the vehicle, in other cases, it may be possible to assert additional defenses, such as mistaken identity, false accusation, and more. 

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH AN AUTO THEFT OFFENSE, THE POSSIBLE PENALTIES ARE SEVERE, AND CAN RESULT IN LENGTHY PRISON SENTENCES AND FELONY CONVICTIONS.  CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.

Tucson Theft Crimes Defense - General Information about Arizona Theft Offenses
Tucson Robbery Defense - Can be charged if a vehicle is taken by force, threat of force.
Tucson Burglary Defense - Can be charged where a vehicle is taken from inside a garage or dealership, or where a vehicle is broken into to steal its contents.
Tucson Embezzlement Defense - Can be charged when a vehicle is entrusted to a person and then taken for personal benefit.

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Pima County Superior Court
Tucson Police Department
Pima County Sheriff
Pima County Attorney - Auto Theft
AZ DPS Auto Theft Task Force
AZ Automobile Theft Authority

AZ Auto Theft Statute (ARS 13-1814)
AZ Joyriding Statute (ARS 13-1803)
AZ Theft of Engine/Trans. Statute (ARS 13-1802)
AZ Robbery Statute (ARS 13-1902)
AZ Failure to Return Repo (ARS 13-1813)
AZ Failure to Return Rental (ARS 13-1806)