California Vehicle Code 10851 – Unlawful Taking or Driving of a Vehicle 

Overview 

Vehicle Code 10851 VC—commonly known as auto theft or joyriding—makes it a crime to take or drive someone else’s vehicle without permission, even if you intend to return it later. The law applies to both grand theft auto and unauthorized borrowing of a car. 

VC 10851 is a wobbler, meaning it can be charged as a misdemeanor or felony. Felony convictions carry the possibility of state prison time, strike enhancements, and long-term consequences. 

At Jones Trial Attorneys, we fight auto theft charges by challenging intent, ownership issues, and wrongful accusations—because the facts often aren’t as clear-cut as they seem. 

Legal Definition 

Vehicle Code § 10851(a) states: 

“Any person who drives or takes a vehicle not their own, without the consent of the owner, and with the intent to temporarily or permanently deprive the owner of possession or title to the vehicle, is guilty of a crime.” 

Elements of the Crime 

To convict under VC 10851, the prosecution must prove: 

1. You took or drove someone else’s vehicle; 

2. You did so without the owner’s consent; and 

3. You intended to deprive the owner of possession or ownership—even temporarily. 

Unlike grand theft auto (PC 487(d)(1)), this offense doesn’t always require intent to keep the vehicle permanently. 

Penalties for VC 10851 

As a Misdemeanor: 

• Up to 1 year in county jail 

• Fines up to $5,000 

• Misdemeanor probation 

As a Felony: 

• 16 months, 2 years, or 3 years in prison 

• Up to $10,000 in fines 

• Formal probation (in some cases) 

• Restitution to the vehicle owner 

If the vehicle was worth more than $950 or the defendant has a criminal record, prosecutors are more likely to file felony charges. 

Defenses to Auto Theft Charges 

Our firm has defended 10851 charges using the following legal strategies: 

• Lack of intent – You didn’t intend to deprive the owner or thought you had permission 

• Consent – The owner allowed or previously permitted you to use the car 

• False accusation – Especially in domestic or family disputes 

• Mistaken identity – Surveillance or witness testimony may be unreliable 

• Police misconduct – Illegal stop, arrest, or coerced confession 

Immigration and Employment Consequences 

VC 10851 can be considered a crime involving moral turpitude, especially if charged as a felony. It may result in: 

• Deportation or denial of reentry 

• Revocation of professional licenses 

• Barriers to employment involving trust, driving, or public service 

We work to avoid any conviction that would trigger immigration or licensing problems. 

Related Offenses 

• PC 487(d)(1) – Grand Theft Auto 

• PC 496 – Receiving Stolen Property 

• VC 20002 – Hit and Run (Property Damage) 

• PC 459 – Burglary (if car taken during home break-in) 

How Jones Trial Attorneys Can Help 

We know that not every auto theft case is what it seems. Whether the charge involves a misunderstanding, family conflict, or first-time offense, we work fast to protect your record and future. 

💼 Free consultations 

⚖️ Trial-ready and negotiation-focused defense 

📍 Based in San Diego, defending clients across California 

Talk to a Criminal Defense Attorney Today 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.