Auto Theft Defense Lawyer in Phoenix

Defending Against Auto Theft Charges in Arizona

Auto theft is a serious crime classified under Arizona Revised Statutes §13-1803 and §13-1814. There are important differences to note regarding each allegation of auto theft. For example, if a person is accused of stealing a car and they are the driver of the vehicle, the law considers it to be "theft of means of transportation (TOMOT)," which is a class 3 felony. 

Usually, prosecutors charge cases such as this by alleging that a person controlled another individual's vehicle while knowing or having reason to know that the vehicle is stolen. If someone is charged for being a passenger in a stolen vehicle, the prosecutor normally charges them with "unlawful use of means of transportation (UMOT)," which is a class 5 felony.

We've got your back. Contact the defense lawyers at MayesTelles PLLC for a free review of your case. Our Phoenix auto theft defense attorney explains your legal rights and options to you.

Auto Theft Defense Strategies

When a person is charged with TOMOT or UMOT, it usually was an incident where police located the alleged offender in a car that was stolen. However, in order to be convicted of any variation of auto theft, the prosecutor needs more evidence than the simple fact that the person was found in a stolen car. The State needs to prove that the person actually knew or had reason to know that the car was stolen.

There are often many explanations for why a person was in a stolen car while not knowing the car was stolen. Police typically look for signs that the car had been tampered with, such as a punched door lock, a damaged steering column, jiggle keys, or broken windows. Additionally, police will try to get people to make statements or admissions as further evidence that the person knew the car was stolen.

Know Your Rights

It is very important to know your rights if you are pulled over by the police, beginning with your right to avoid incriminating yourself. This is why you should never subject yourself to police questioning and you should always demand a lawyer. If you are charged with an auto theft-related crime, you could face many years in prison or many years of probation with lengthy jail terms. 

Frequently Asked Questions

What is the difference between auto theft and joyriding in Arizona? 

Auto theft involves permanently depriving the owner of their vehicle, while joyriding involves temporarily taking a vehicle for a joyride without the intention of keeping it. Both are illegal in Arizona, but joyriding may carry lesser penalties than auto theft.

Can I be charged with auto theft if I didn't intend to keep the vehicle? 

Yes, you can still be charged with auto theft in Arizona even if you didn't intend to keep the vehicle permanently. If you took or used the vehicle without the owner's consent, it can still constitute auto theft or a related offense.

Can I be charged with auto theft if I believed the vehicle was abandoned? 

Yes, if you take a vehicle without the owner's consent, even if you believe it to be abandoned, you can still be charged with auto theft in Arizona. It’s essential to verify ownership or seek proper authorities if you encounter a seemingly abandoned vehicle.

What should I do if I’m accused of auto theft in Arizona? 

If you're accused of auto theft in Arizona, it's crucial to seek legal representation immediately. An experienced criminal defense attorney can help protect your rights, assess your case, and guide you through the legal process.

Can I be charged with auto theft if I was unaware the vehicle was stolen when I bought it? 

In some cases, individuals unknowingly purchase stolen vehicles. However, if you're found to be in possession of a stolen vehicle, even if you were unaware of its stolen status, you could face charges related to possession of stolen property. It’s essential to verify the vehicle's legitimacy before purchasing it.

Can juvenile offenders be charged with auto theft in Arizona? 

Yes, juveniles can be charged with auto theft in Arizona. However, the juvenile justice system handles cases involving minors differently from adult criminal courts, and penalties may differ accordingly.

How does auto theft affect my driving record in Arizona? 

Auto theft is considered a severe offense and can significantly impact your driving record in Arizona. A conviction can result in the suspension or revocation of your driver's license, affecting your ability to operate a vehicle legally. The court may impose additional penalties, such as fines and mandated restitution to the vehicle's owner. Furthermore, having a criminal record can impact insurance premiums and employment opportunities that require a valid driver’s license. It’s critical to consult with a defense attorney who can provide guidance on navigating these consequences and advocate on your behalf in court.

What is the statute of limitations for auto theft charges in Arizona? 

In Arizona, the statute of limitations for most auto theft-related offenses is generally seven years. This means that prosecutors have up to seven years from the date of the alleged offense to bring charges. However, this timing can be influenced by factors such as the discovery of new evidence or circumstances that may toll or extend the statute of limitations. If you suspect that you are under investigation or have been charged with auto theft, it is critical to contact an attorney who can advise you on the implications of the statute of limitations in your case.

Are there diversion programs for first-time auto theft offenders in Phoenix? 

In certain circumstances, first-time auto theft offenders may be eligible for diversion programs in Phoenix. These programs are designed to provide offenders with an opportunity to avoid a traditional conviction by completing specific requirements such as restitution, community service, or participation in educational sessions. Completing a diversion program may result in the dismissal of charges, keeping a conviction off your record. Eligibility and availability can vary based on the specifics of the case and prosecutorial discretion. Seeking legal representation early can help explore these options and negotiate terms favorable to the defendant’s situation.

Contact Our Auto Theft Defense Attorney in Phoenix Today

Most prosecutor agencies have specialized attorneys and trial groups devoted to prosecuting auto theft-related crimes. These prosecutors work hand-in-hand with police in order to achieve a high level of convictions. The attorneys at MayesTelles PLLC are experienced in handling auto theft crimes and could be instrumental in achieving an acquittal of your charges or negotiating an outcome of your case that is in your best interest.

Contact our Phoenix auto theft defense lawyer today to see how MayesTelles can help!