Virginia Joyriding Lawyer

Joyriding under Virginia law is the unauthorized temporary use of someone else’s vehicle. It is a situation where it would be potentially charged as a felony. Unless the vehicle was worth less than $200, the charge would be considered a misdemeanor.

A capable joyriding attorney can help you prepare a defense before trial. Contact a Virginia joyriding lawyer to have a better understanding of what happens next in your case.

Examples of Joyriding Offenses

An example of a joyriding scenario would be if a person is a kid and they took a car without their parent’s permission. They borrowed their car, they drove around in it, and they brought it back. That is unauthorized use or joyriding. If a person works at a stable and they borrow a horse and they ride it around, that is unauthorized use or joyriding. If they know that a neighbor has a boat and they decide to use that boat on a joining lake for an hour or two and then bring it back, that is joyriding.

Failure to Return a Leased Vehicle

If a person fails to return a leased vehicle when they are beyond the portion of their lease, then at that point in time, they are using it without the permission of the owner. As a Virginia joyriding lawyer has seen, their use of the vehicle can be legally considered unauthorized.

What is Unauthorized Use of a Vehicle?

Unauthorized use is when a person is using, driving, or taking any kind of transportation without the consent of the owner and without the owner there. The vehicles/items that count as transportation are also listed. If a person uses the transportation/vehicle without the owner’s permission and without the owner present, then they could be convicted under the unauthorized use statute. That is something that would be a felony unless the item is worth less than $200.

Unauthorized use charges in terms of a rental case are almost always a side note. Whenever they are charged like that, they are almost always amended to the specific statute that Virginia has that covers that, which is failure to return an animal, aircraft, vehicle, or both. If it is ever charged like that, it will be amended to this other thing and treated as a larceny. It is not really an unauthorized use situation ever that goes forward for that kind of case; it is always going to be failure to return, which is a separate criminal statute in Virginia.

Classifying the Severity of a Joyriding Offense

Unauthorized use is considered a theft offense because it involves the act of stealing. The person does not have intent to permanently deprive, but they do have the intent to deprive. The difference between the two is with joyriding or unauthorized use, the person has the intent to temporarily deprive, but with other theft offenses, the person has the intent to permanently deprive.

What the Prosecution Needs to Prove for a Joyriding Conviction

For somebody to be convicted of joyriding in Virginia, the prosecution needs to show that the person accused took, drove, or used a form of transportation without the consent of the owner. They must prove that the defendant’s intent to temporarily deprive them of the possession but without intent to steal. That means to use it and then return it, but without permission is essentially what they have to prove. The defendant should speak with a Virginia joyriding lawyer to try combatting the prosecution’s case.

Potential Penalties for Joyriding Convictions

Somebody facing charges unauthorized use should speak to a Virginia joyriding lawyer. It almost always is charged as a felony. It is a Class 6 felony, which means that it could be one to five years in prison or, in the discretion of the jury or court it could be jail of up to 12 months. It can be critical for the accused to reach out to an attorney to protect their rights.

Role of a Virginia Joyriding Attorney

The role of a Virginia joyriding lawyer is the same as it would be for any criminal charge. They are going to zealously defend the individual against the charges that are being brought. They are going to try to keep them out of jail. If the prosecution is has strong evidence against the defendant, the lawyer could try to negotiate on the accused’s behalf. Joyriding offenses are almost always charged as felonies because usually a vehicle is not going to be worth less than $200 and it is usually a situation where somebody borrows a car without permission.

Joyriding is a situation in which a person is going to need a lawyer by their side. If an individual is being charged with an unauthorized use of a vehicle offense, they should speak with a capable attorney that could advocate for them.