Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1814 "Theft of Means of Transportation" or "Auto Theft" occurs when a person controls somebody else's vehicle with the intent to "permanently" deprive the person of that vehicle. This can occur when a person borrows somebody else's car for a certain amount of time, but then fails to return it within the agreed upon time period. Also, it can occur when somebody give a material misrepresentation in order to get permission to use somebody's vehicle. In addition, it can occur when somebody else's vehicle is lost or mis-delivered to a person, and that person does not use reasonable efforts to notify the true owner. Lastly, it occurs when somebody knows or has reason to know that the car they are driving was, in fact, stolen in the first place.
Theft of Means of Transportation is a class three (3) felony and carries varying levels of punishment. A first offense class three (3) felony carries a range of punishment of probation with zero (0) days in jail up to one (1) year in jail; or prison of two (2) years to eight and three quarters (8.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the range of "prison only" punishment goes from three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the range of "prison only" punishment is from seven and one half (7.5) years to twenty-five (25) years of incarceration.
The most often seen defense to Theft of Means of Transportation / Auto Theft is "Consent". This occurs when a person has permission to borrow somebody else's car (or has had permission in the past) and then the other person rescinds that permission. This most often occurs in close relationships (roommates, boyfriend / girlfriend, fraternity houses, etc.). For example, roommates may be in an argument and on the "outs" with each other, and then one party will call the police and claim that the car has now been "stolen". It is important to interview all parties involved to show that there was actually permission to drive the vehicle.
Another defense that is often seen is "Mistake of Fact". This occurs when one person is either sold an automobile, or given an automobile to drive, and they believe the person who has loaned them the car was the actual owner of the vehicle. It may later turn out that person had stolen the car, and this was completely without the "knowledge" of the Defendant. Lastly, it can be shown that the person did not intend to "permanently deprive" the other person of their vehicle. This is what is known as a lesser included offense of "Unlawful Use of Means of Transportation / Joyriding". This is a much lower felony range and carries a much lower punishment.
Click Here... If your case involves elements of unlawful use of Means of Transportation/Joyriding
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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