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Is Joyriding Against the Law?
Our everyday vocabulary is filled with terms and phrases for having an enjoyable day behind the wheel of a car. “Take it out for a spin.” “Go for a drive.” “Took a joyride.” While “joyride” is often used as a dismissive phrase for when young people take a car out of irresponsibility, the facts are much harsher. Under Florida law, “joyriding” isn’t a harmless weekend activity—it’s a crime. While the news may often treat stories of people arrested for car theft and joyriding as harmless pranks, the outcomes can be severe. This is because people engaging in joyriding are frequently underage or inebriated.
Because of the potentially deadly consequences of joyriding, Florida takes the crime very seriously. This means that what initially seemed like a joke or stunt could land you or a loved one in prison for several years, plus leave you with a criminal conviction that follows you for the rest of your life. If you or a loved one has been arrested for vehicle theft or joyriding in Florida, contact one of our practice’s experienced defense attorneys. In the event of vehicle theft charges, an attorney may be the only thing standing between you and the inside of a prison cell.
What Kind of Crime is Joyriding Considered in Florida?
Some states differentiate between joyriding and car theft. In these states, joyriding is often classified as the temporary theft of another person’s car without their permission, with the intention of returning it later. Florida does not make this distinction. Car theft, also known as motor vehicle theft or grand theft auto, is a crime in the State of Florida, defined under §812.014. Per Florida law, it is considered a third-degree felony to take another person’s car without their permission, regardless of the motive and whether you intended to return it.
Under Florida law, third-degree felonies are punishable by up to five years in prison and a $5,000 fine. Additionally, you may be held financially responsible for any damage incurred from the theft or joyride. This could include damage to the vehicle, damage to property during the joyride, and even injury to others.
What Other Charges Could I Face for Vehicle Theft?
In many cases, car theft charges are accompanied by related charges, including damage to property or reckless driving. For example, if you caused property damage during a joyride, it could be considered a misdemeanor punishable by an additional $1,000 fine and a year in jail. If you caused an accident that resulted in someone getting injured, the charges could be elevated to felony reckless driving. Like vehicle theft, felony reckless driving is also considered a third-degree felony.
This means penalties can add up quickly. Suppose you stole a vehicle, and in the course of a joyride, accidentally struck a mailbox and later got into a fender-bender in which a person sustained injuries. Depending on the circumstances, you may face two third-degree felony charges and a misdemeanor charge of reckless driving. This could mean up to eleven years behind bars and a fine in excess of $10,000. Few people can afford to pay such a fine.
Even one year in jail can seriously impact a person’s personal and professional life. A prison record can affect your ability to find and maintain work, develop personal relationships, and even restrict where you live. This is why even seemingly minor charges like car theft require an experienced criminal defense attorney.
What Are Defenses to Car Theft?
Depending on the circumstances of the case, there are multiple potential defenses to car theft and joyriding charges. Some of these defenses include, but are not necessarily limited to:
- Lack of Intent
- Good Faith
- Necessity or Duress
- Ownership
- Mistake of Fact
Many defenses to vehicle theft and joyriding fall under the umbrella of lack of intent. Lack of intent means you did not believe you were committing a crime and did not intend to commit a crime when you took the vehicle. For example, if you can demonstrate you thought you had reason to believe you had permission to take the car, an attorney can argue lack of intent due to a good faith belief or mistake of fact.
Necessity or duress are other potential defenses. Necessity means you took a vehicle because you found yourself in a situation where taking the car was the “lesser of two evils.” For example, suppose you or a loved one were injured and needed to get to a hospital or emergency room immediately, but no other means were available. In that case, you may be able to argue it was a necessity to take a vehicle that wasn’t yours. Duress means you were forced, coerced, or pressured into taking a car by someone else. If someone physically threatens you or a loved one with taking a vehicle, duress may be a potential defense.
Ownership is another defense. If you can prove you fully or partially owned the vehicle, a defense attorney may be able to get charges dropped. Suppose you and a romantic partner co-own a car together. Due to a problem in the relationship, your partner reports the vehicle stolen and accuses you of theft. If you were a co-signer on the car, an attorney can get the charges dropped.
These are only a few potential defenses to vehicle theft charges in Florida. One of our attorneys can review your case and help you build the most suitable defense.
What Should I Do if I’m Arrested for Vehicle Theft or Joyriding?
Motor vehicle theft is a serious offense. Even a “quick spin around the block” can result in five years in prison and a criminal record that follows you for the rest of your life. If you or a loved one were arrested for car theft and joyriding in Florida, don’t take chances—contact The Defense Group. Our team of experienced and dedicated attorneys can review your case and custom-tailor a defense suited to your unique situation. We don’t believe in a one-size-fits-all approach to defense and consider each of our clients to be unique individuals. We care about each person we represent and provide our best defense to ensure you and your loved ones stay out of jail and remain productive members of society.
Criminal charges can be intimidating, but they don’t have to be. Let The Defense Group take the wheel. If you or a loved one was arrested for vehicle theft in Florida, call us today at 407-743-8430 to schedule your free consultation.
