In Washington State, stealing a car is not always charged the same way. Depending on the circumstances, a person may face charges for theft of a motor vehicle or for taking a motor vehicle without permission – a crime often referred to as “joyriding.” While both crimes involve the unauthorized use of a car, Washington law makes a clear distinction between the two. Please contact a skilled criminal defense attorney now if you have been charged with any type of theft crime or any offense involving a motor vehicle

Theft of a Motor Vehicle

RCW 9A.56.065 is the Washington statute that outlines the crime of theft of a motor vehicle. To be convicted of this offense, the prosecution must prove that you intended to permanently deprive the owner of their vehicle. This is the key factor that separates theft from other motor vehicle-related crimes.

Theft of a motor vehicle is a Class B felony in Washington. A Class B felony is punishable by up to 10 years in prison and a $20,000 fine.

Sentencing guidelines, however, may vary depending on your criminal history and other factors.

Taking a Motor Vehicle Without Permission

In general, the main difference between theft of a motor vehicle and taking a motor vehicle without permission is based upon intent. With taking a motor vehicle without permission, you essentially take a vehicle without permission, but not necessarily with the intent to keep it. Maybe, for example, you planned to return the car later or simply abandoned it.

Note that there are two degrees of taking a motor vehicle without permission.

RCW 9A.56.070(1) is the Washington statute that outlines the offense of first degree taking. This law applies when you not only take a vehicle, but also engage in other serious acts, like:

  • Altering or removing parts,
  • Using the vehicle to commit another felony,
  • Causing damage to the vehicle or property,
  • Driving recklessly, or
  • Attempting to elude police.

Taking a motor vehicle without permission in the first degree is a Class B felony punishable up to 10 years in prison and a $20,000 fine.

RCW 9A.56.075 is the Washington statute that sets forth the crime of second degree taking.

Note that this is the basic joyriding statute and says you are guilty of a crime if you take a vehicle without the owner’s permission, but do so without the aggravating factors listed above.

Second degree taking of a motor vehicle is a Class C felony punishable by up to 5 years in prison and a $10,000 fine.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a theft or taking charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on these types of charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!