Phoenix DUI Lawyer Blog

Auto Theft Charges | "Theft of Means of Transportation"

According to Arizona Law, the legal name of Auto theft charges in Gilbert, AZ is "Theft of Means of Transportation". This offense is a class 3 felony and considered a crime against victims in Arizona. If convicted of Gilbert AZ auto theft, you may face 8.75 years in prison. Arizona has taken a firm stance on prosecuting auto theft charges due to the high number of incidents in the state. Penalties are severe. If you face auto theft charges the best attorneys in Arizona would agree you should retain an Arizona Criminal Attorney who experienced in criminal defense or auto theft defense in the jurisdiction for which you were charged or arrested.

Gilbert AZ Auto Theft Laws
Criminal Laws in Arizona exist for more reasons that to prosecute crimes. They also exist to protect defendants and their constitutional rights. Top criminal defense lawyers in Arizona know how to use those same Arizona Criminal laws to defend your criminal charges, through the Arizona criminal justice system.

Gilbert AZ auto theft charges are governed by the State of Arizona Criminal Law and can be found at Arizona Statutes Website. Below refers to the Auto Theft Law "Theft of Means of Transportation" A.R.S. 13-1814. In order to get a conviction for Auto Theft the Arizona Prosecution must prove the following (paraphrased):

1. You knowingly took a vehicle without the owner's 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 that vehicle. .
In brief a defendant needs to have "known" they were taking someone else's vehicle and intended to keep it permanently from the rightful owner. This is not always an easy task for the Arizona prosecution.

5 Defenses used by Top Criminal Defense Attorneys in Gilbert AZ
A variety of defenses may be used by your criminal defense attorney. The Attorney will determine which defense strategies to use based on the circumstances surrounding your charges. Here are at least 5 possible common defenses used by local criminal defense attorney in Arizona to defend Gilbert auto theft charges:

1) You thought you had the owner's consent or permission. This is seen commonly with family members, or domestic partners. In this scenario, you may at some point been a permissive given permission or legal authority to possess the vehicle. The problem exists when the rightful owner later decides to rescinded their permission or changed their mind about allowing you to possess the vehicle. In your defense, your attorney would argue that you did not know the owner rescinded their consent. And you thought you had permission. Further, you did not intend to steal the vehicle.

2) Mistake of fact involving a purchase. This would apply if you purchased a vehicle in good faith from another person or entity. At that time of your purchase, you sincerely believed that person or business was authorized to sell you the vehicle or they were the owners of that vehicle. Then, at a later time, you find out that the seller did not have authority to sell it to you and you bought a stolen vehicle. In this case, you did not know it was stolen and did not intend to permanently deprive the rightful owner of their means of transportation.

3) Mistake of fact regarding lease, loan or borrowing of a vehicle from someone you believed was the rightful owner, or had legal authority to loan or lease you the vehicle. A good criminal lawyer would argue that you rented or borrowed the vehicle from a person or entity that you thought had the legal authority or owned the vehicle, but in fact did not. You had no knowledge of the vehicle being stolen. Therefore, you did not intend to deprive the owner permanently of their means of transportation.

4) Violation of Constitutional rights - You have many constitutional rights at the State and Federal level. Some common violations of rights that can occur surrounding auto theft include but are not limited to the following: a) Unlawful search and seizures of person or residence b) Denial of your to right to counsel; c) police brutality, or intimidation d) threat or coercion for the purpose of extracting information from you and getting you to admit to a crime. This happens occasionally in absence of a person's criminal defense attorney.

5) Flaws or weaknesses the state's case against you. This may include lack of proof that you did not knowingly and intentionally steal the vehicle; lack of evidence; lack of witnesses; questionable witness statements from unreliable sources; lack of proper police investigation.

Top criminal defense attorneys in Gilbert AZ that are experienced at defending auto theft cases will know what defenses to use under what circumstances. It is important that you retain a good Arizona criminal attorney who defends auto theft cases in the jurisdiction you received the charges. An experienced criminal defense lawyer will make every effort to get your auto theft charges dismissed, charges and sentencing reduced, or otherwise the best resolution for your auto theft charges.