Theft of Means of Transportation in Arizona

According to Arizona law, specifically ARS 13-1814, a person commits theft of means of transportation if they knowingly take or control another person’s vehicle without consent and with the intent to permanently deprive the owner.

The law defines control as taking possession of a vehicle, either physically or by using misrepresentation or deceit to gain access to the vehicle. This is not just limited to cars—it includes motorcycles, trucks, and any other motor vehicles.

The state of Arizona considers this a serious offense because of the intent to permanently deprive the rightful owner of their property. This theft crime can take many forms, such as:

• Taking control of another person’s vehicle without their consent.
• Using material misrepresentation with the intent to take possession of a vehicle.
• Keeping a lost or misdelivered vehicle without making reasonable efforts to notify the true owner.
• Failing to return a rental vehicle or one borrowed after the agreed-upon time.

Under Arizona law, if you come into possession of a vehicle, you must make reasonable efforts to notify the true owner. Failing to do so could result in felony charges.

In Arizona, theft of means of transportation is classified as a Class 3 felony, which carries severe consequences if convicted. The crime is punishable by:

• A prison sentence ranging from 2 to 8.75 years for a first-time offender.
• Fines of up to $150,000, not including additional court fees.
• Restitution to the vehicle’s owner, which may include compensating for any damages or loss of property.

If there are aggravating factors, such as prior criminal history or involvement in an organized theft ring, the penalties can increase. In some cases, the charge could be enhanced, resulting in longer sentences or additional charges.

For individuals with previous felony convictions, or if the theft involved high-value vehicles, the sentence can reach the maximum prison sentence allowed for a Class 3 felony.

Even for first-time offenders, the consequences are significant and can have long-term effects on one’s personal and professional life.

Several factors can enhance the severity of auto theft charges under ARS 13-1814. These aggravating factors can lead to harsher penalties, including longer prison terms or additional fines. Some examples include:

• Use of a weapon during the commission of the crime.
• Material misrepresentation used to unlawfully gain possession of the vehicle.
• The vehicle being part of a larger criminal enterprise or theft ring.
• Prior felony convictions or a history of vehicle theft.

For example, if someone takes control of another person’s vehicle using a material misrepresentation with the intent to permanently deprive the owner, the severity of the charge increases.

Additionally, failing to make reasonable efforts to notify the true owner of a lost or stolen vehicle could lead to more serious charges.

If you are facing charges for theft of means of transportation, there are several defenses that an experienced criminal defense lawyer can use to fight the charges.

These defenses focus on undermining the state’s ability to prove the essential elements of the crime.

Some common defenses include:

• Lack of intent: To be convicted of theft of means of transportation, the prosecution must prove that you had the intent to permanently deprive the owner of the vehicle. If you borrowed the vehicle with consent or without intending to steal it, your defense attorney can argue that you did not intend to commit the crime.
• Consent to use the vehicle: If you had the owner’s permission, either verbal or implied, to use the vehicle, this can serve as a strong defense. The owner of the vehicle may have given temporary permission, which could reduce the severity of the charges.
• Mistaken identity: In some cases, law enforcement officers may arrest the wrong individual based on faulty evidence or misidentification. A skilled defense lawyer can challenge the evidence and argue that you were not involved in the crime.
• No reasonable efforts to notify: If the charge is based on possession of a lost or misdelivered vehicle, you may be able to argue that you made reasonable efforts to return the vehicle or notify the true owner.

A conviction for theft of means of transportation can have far-reaching consequences that extend beyond the legal penalties of fines and imprisonment. The long-term effects can negatively impact your personal and professional life, including:

• Employment difficulties: Many employers conduct background checks, and a felony conviction related to vehicle theft can make it challenging to secure a job, especially in industries that require trust and responsibility.
• Housing issues: A criminal record can also make it difficult to find housing, as many landlords are hesitant to rent to individuals with a history of theft charges.
• Loss of civil rights: A felony conviction can lead to the loss of certain civil rights, such as the right to vote or possess firearms.
• Damage to reputation: A criminal conviction, especially for a serious offense like auto theft, can tarnish your reputation, causing strain in personal relationships and reducing future opportunities.