Overview
Being accused of taking or driving a vehicle without the owner’s consent is a serious charge in California. A violation of Vehicle Code §10851 (“10851” or “joyriding”) can be filed as either a misdemeanor or a felony, and prosecutors in San Bernardino and Riverside Counties take these cases aggressively—especially if the vehicle was recovered damaged or if the defendant has prior convictions.
Understanding Vehicle Code §10851
VC 10851 makes it a crime to take or drive someone else’s vehicle without their consent, with the intent to temporarily or permanently deprive the owner of possession.
Key elements prosecutors must prove:
- You took or drove a vehicle
- The vehicle belonged to someone else
- You did not have the owner’s consent
- You acted with the intent to deprive the owner of the vehicle, even if only temporarily
Even “borrowing” a car without permission can result in an 10851 charge.
10851 Is a “Wobbler” Offense
Depending on the facts of the case and your criminal record, 10851 can be charged as a:
- Misdemeanor — often for first-time, low-level cases
- Felony — especially when:
- The car was damaged
- The car was taken for a long time
- The defendant has prior theft-related convictions
- High-speed flight or reckless driving occurred
A felony conviction can carry prison time and serious long-term consequences.
Common Real-World Scenarios
Many people charged with 10851 are not “car thieves” in the traditional sense. Common situations include:
- Borrowing a friend or family member’s car without clear permission
- Misunderstandings about permission to use a vehicle
- Taking a vehicle to move it, run an errand, or avoid danger
- Using a vehicle while intoxicated without realizing consent wasn’t valid
- Being accused as a passenger in an allegedly stolen vehicle
- Being mistakenly identified by a witness, owner, or police
- Allegations tied to domestic disputes or relationship conflicts
These human factors often make the case far more defensible.
Penalties for Vehicle Code §10851
Penalties depend on whether the case is charged as a misdemeanor or felony.
Misdemeanor 10851:
- Up to 1 year in county jail
- Fines and fees
- Probation
- Possible restitution for any damage
Felony 10851:
- 16 months, 2 years, or 3 years in custody
- Higher fines
- Felony probation
- Enhancements for prior convictions
- Restitution for damages
A felony vehicle-theft conviction can also impact employment, immigration status, and your driving privileges.
Possible Defenses
I evaluate every case for viable defenses such as:
- You believed you had permission to use the vehicle
- No intent to permanently or temporarily deprive the owner
- You were not the driver
- Mistaken identity
- Insufficient evidence tying you to the vehicle
- You were a passenger, not the taker
- The owner gave conflicting statements
- Unlawful stop, search, or detention
- No proof of actual lack of consent
Vehicle theft cases often hinge on credibility—of officers, witnesses, and the owner. These weaknesses become powerful leverage.
What To Do If You’re Being Investigated
Vehicle theft investigations often begin with:
- A call from a detective
- A request to “come in for a quick conversation”
- Officers showing up at your home
- Being stopped in the alleged vehicle
If this happens:
- Do NOT talk to police without a lawyer—even if you think it’s a misunderstanding.
- Do NOT explain your side of the story without representation.
- Do NOT meet with a detective alone.
- Contact a defense attorney immediately.
Your silence cannot be used against you—but statements can.
Why Hire The Law Office of Lincoln Ho’o?
- Deep knowledge of local Inland Empire courts
- Skilled negotiator familiar with how prosecutors handle 10851 cases
- Ability to challenge evidence, credibility, and police procedures
- Personalized, strategic representation from a solo practitioner
- Focused on minimizing charges, avoiding felonies, or seeking dismissal when possible
Whether you’re facing an allegation, an arrest, or a detective’s phone call, early representation is critical in 10851 cases.