California Vehicle Code § 10851(a) VC – Unlawful Taking or Driving of a Vehicle (Joyriding)
Under California Vehicle Code 10851(a) VC, it is a criminal offense to take or drive someone else’s vehicle without their consent — even if you don’t intend to steal it permanently. This charge is commonly known as “joyriding”, and it applies whether the vehicle was taken for a quick ride around the block or driven across state lines.
While it may sound like a minor offense, joyriding under 10851(a) VC can be prosecuted as either a misdemeanor or felony, depending on the circumstances — including your criminal history and how the vehicle was taken.
If you or someone you care about is facing accusations of unlawful taking or driving of a vehicle in Los Angeles or surrounding areas, it’s critical to speak with a Los Angeles criminal defense attorney who understands how to challenge the prosecution’s case and protect your record.
What the Prosecutor Must Prove Under § 10851(a) VC
To convict someone of violating Vehicle Code 10851(a), the prosecution must prove each of the following elements beyond a reasonable doubt:
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The defendant took or drove a vehicle;
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Without the consent of the vehicle’s owner;
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When the defendant took or drove the vehicle, they intended to deprive the owner of possession or ownership of the vehicle — either temporarily or permanently.
Unlike grand theft auto under Penal Code § 487(d)(1), 10851(a) VC does not require intent to steal the vehicle permanently. That means you can still be charged for taking the vehicle for a short time — even just to “borrow” or use it — without the owner’s permission.
Example: If someone takes their neighbor’s car without asking, drives it to the store, and then brings it back — they could still face criminal charges under 10851(a) VC, even if they returned the vehicle.
Also important: the prosecution doesn’t need to show that the defendant physically stole the car. Merely driving a vehicle that was unlawfully taken — even if you didn’t take it yourself — can also lead to a 10851(a) charge.
Penalties for Violating California Vehicle Code § 10851(a) VC
Unlawful taking or driving of a vehicle is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s prior criminal record.
If charged as a misdemeanor, a conviction can result in up to one year in county jail, a fine of up to $5,000, or both.
If charged as a felony, a conviction carries a sentence of 16 months, 2 years, or 3 years in county jail under California’s realignment laws, and a fine of up to $10,000.
Enhanced penalties apply when certain aggravating factors are present. If the vehicle was an emergency vehicle or specially equipped for use by a disabled person, the offense is automatically a felony punishable by two, three, or four years in state prison.
A prior felony conviction for auto theft or a related offense can also increase the penalty to two, three, or four years, even if the current case might otherwise have qualified for lower sentencing.
How Long Can You Be Charged With Joyriding in California?
In California, the statute of limitations for unlawful taking or driving of a vehicle depends on how the offense is charged. If prosecuted as a misdemeanor, the state typically has one year from the date of the incident to file charges. If it’s charged as a felony, prosecutors generally have three years to bring the case.
This means even if the alleged incident happened months ago, you could still face prosecution — especially if new evidence surfaces or your name comes up in another investigation. If you think you might be under investigation or have questions about timing, it’s important to speak with a defense attorney as soon as possible.
Related Offenses
Grand theft auto – PC 487(d)(1): Stealing a vehicle.
Auto burglary – PC 459: Entering a locked vehicle with the intent to commit grand larceny, petty larceny, or any felony offense.
Defenses to California Vehicle Code § 10851(a) VC Charges
Several legal defenses may apply depending on the specific facts of your case. A skilled Los Angeles criminal defense attorney can evaluate the evidence and determine the most effective strategy. Common defenses include:
Claim of right: If you honestly believed you had a legal right to the vehicle — such as thinking it was yours or that you were authorized to use it — this may defeat the intent element of the charge.
Consent from the owner: If the vehicle’s owner gave you permission to use the vehicle, even informally, this can be a strong defense. However, prior consent does not automatically apply to every situation, and the prosecution may argue that consent was revoked.
Lack of intent to deprive: The law requires proof that you intended to deprive the owner of the vehicle, even temporarily. If you were unaware the use was unauthorized, or there was a misunderstanding, this may negate the required intent.
Duress or necessity: If you were forced to take or drive the vehicle due to a threat or emergency situation, the defense of duress or necessity may apply.
Can a Minor Be Charged With Joyriding in California?
Yes. Unlawful taking or driving of a vehicle is one of the more common charges filed against juveniles in California. Even if the act seemed impulsive or non-malicious, minors can still face serious legal consequences — including juvenile detention, probation, or court-ordered programs.
In many cases, these charges arise from peer pressure, misunderstandings, or a first-time mistake. However, prosecutors can be aggressive — especially if the vehicle was damaged or taken for an extended period. If your child has been arrested or is being investigated for joyriding, speak with a defense attorney familiar with juvenile court proceduresright away to protect their future.
Charged with Unlawful Vehicle Use? Get Help from a Los Angeles Criminal Lawyer
Following an arrest for unlawful taking or driving of a vehicle — commonly known as “joyriding” — early legal intervention can make a significant difference. In many cases, our firm can step in before charges are even filed, working directly with prosecutors to negotiate reduced charges or, when supported by the facts, prevent the case from being filed altogether.
If you or someone you care about has been arrested or charged with unlawful taking or driving of a vehicle, it’s important to speak with a qualified attorney as soon as possible. Attorney Arash Hashemi is a Los Angeles criminal defense attorney with over 20 years of experience representing clients in vehicle-related cases across Southern California. He knows how to challenge weak evidence, navigate local court systems, and fight for the best possible outcome — whether through negotiation or trial.
To learn more about your rights, defenses, and legal options, contact our office for a free, confidential consultation today.
The Law Offices of Arash Hashemi
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Los Angeles, CA 90064
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