Phoenix DUI Lawyer Blog

Arizona has consistently been ranked the fourth highest ranked states in the Country for Auto Theft. Its commonality does not reduce the severe penalties imposed by the State of Arizona if convicted. If you have been arrested, charged or accused of Phoenix AZ auto theft, you should consult an experienced criminal attorney in private practice as soon as possible. Auto theft charges are very serious in Arizona. Auto theft is considered a class 3 Felony, which if convicted exposes defendants to extended prison terms, felony criminal record, and other harsh penalties.

Phoenix Auto Theft Charges or "Theft of Means of Transportation"
Auto Theft Charges in Arizona are governed by the laws of the State of Arizona. They are also known as "Theft of Means of Transportation". Arizona auto theft laws are defined and classified under criminal code A.R.S. 13-1814. Auto theft is a class 3 felony, and an Arizona victim crime.

Criminal Laws for Auto Theft in Arizona
In order to convict a defendant of Auto Theft or Theft of Means of Transportation in Phoenix Arizona, the prosecution needs to prove the following:

1. You knowingly took a vehicle without permission or legal authority;
2. You controlled, converted or obtained another person's means of transportation.
3. Your intent was to permanently deprive another of their automobile.

Under this Arizona Criminal Laws the defendant must have "known" they were taking someone else's vehicle; or they took control while "knowing" it was stolen; and their intent was not to return it to the rightful owner. Further a defendant can be convicted of auto theft if they failed to provide a reasonable effort to determine the true owner.

Phoenix AZ Theft Penalties
The penalties for conviction of non-violent class 3 felonies, with no criminal record convictions, among other penalties will expose the defendant to upwards of 8.75 years in state prison, 12 months jail, and restitution or supervised probation, more. If the defendant is convicted of Auto theft, and has a prior criminal record, and or any violence was involved, the penalties will increase based on the circumstances surrounding the charges.

Phoenix AZ Criminal Defenses for Auto Theft
Phoenix AZ relentlessly pursues convictions for those accused of committing auto theft. That is one reason it is important that you consult an experienced criminal defense attorney in private practice in Arizona as soon as possible.

There are possible defenses that are often used for auto theft charges, and are often used by good experienced criminal attorneys. In general some defenses include but are not limited to the following:

1) The defendant thought they had "Consent". This typically occurs with family members, friends, or domestic partners, where the defendant at one point was a permissive user, and then the owner made the defendant aware that their permission was no longer valid and they rescinded their permission.

2) Another defense is what is known as "Mistake of Fact". This happens when someone purchases, or borrows an automobile, from someone they believe is the rightful owner or has authority to sell, or lend. Then the defendant learns it was a stolen vehicle. Your experienced criminal defense attorney would argue that you did not have knowledge that it was a stolen vehicle and did not intend to deprive the rightful owner of their means of transportation.

These are just a few defenses of many that are used by Phoenix auto theft defense trial lawyers in Arizona. There are as other defenses that can be used depending on the facts of your case. It is one thing to know what the defenses are v. knowing what they are, when and how to use them to present compelling arguments through the Arizona criminal Justice System on your behalf. A good criminal defense lawyer in Arizona will do everything possible to protect your rights, make sure you are treated fairly and challenge the Auto Theft charges on your behalf. Top local Phoenix AZ attorneys will make every effort to get your charges dismissed, reduced or the otherwise best possible outcome in your case.