Auto Theft Defense

Arizona's theft chapter defines "means of transportation" as "any vehicle" (A.R.S. § 13-1801). Under A.R.S. § 13-1814, you commit theft of means of transportation if, without lawful authority, you knowingly do any one of these things:

• Control another person's vehicle with the intent to permanently deprive that person of it.
• Convert a vehicle that was entrusted to you for a limited, authorized term or use, by using it for a term or use that was not authorized.
• Obtain another person's vehicle through a material misrepresentation, with the intent to permanently deprive the owner of it.
• Come into control of a vehicle that was lost or misdelivered, when there was a way to identify the true owner, and use it without reasonable efforts to notify the owner.
• Control another person's vehicle knowing, or having reason to know, that it is stolen.

"Control" has a specific meaning in the theft chapter: acting so as to exclude others from using their property except on your own terms. "Knowingly" means you were aware or believed that your conduct was of that nature or that the circumstance existed (A.R.S. § 13-105).

For the fifth way, the statute applies the inferences in A.R.S. § 13-2305. Unexplained possession of recently stolen property, or an unexplained price substantially below fair market value, can support an inference that a person was aware of the risk it had been stolen.

The lesser charge is unlawful use of means of transportation under A.R.S. § 13-1803. It applies when there is no intent to permanently deprive and you either knowingly take unauthorized control of another person's vehicle, or knowingly ride in or are located in a vehicle that you know or have reason to know was unlawfully taken.

Ordinary theft under A.R.S. § 13-1802 is graded largely by value, but theft of a vehicle under § 13-1814 is not. Our theft and shoplifting page covers the general theft statute.

The ranges below are prison terms for a first felony offense that is not dangerous, from A.R.S. § 13-702(D). The presumptive term is the starting point.

Prior felony convictions raise these ranges under A.R.S. § 13-703. For a class 3 felony, one historical prior felony conviction moves the range to 4.5 to 13 years, with a presumptive term of 6.5 years. Two or more move it to 10 to 20 years, with a presumptive term of 11.25 years.

Section 13-1814 does not contain its own ban on probation. If you are eligible for probation, A.R.S. § 13-901 allows the court to suspend the sentence and place you on probation.

A non-dangerous class 6 felony can sometimes be entered as a class 1 misdemeanor, or left undesignated during probation, if the court finds a felony sentence unduly harsh and you do not have two or more prior felony convictions (A.R.S. § 13-604). A class 1 misdemeanor carries up to six months in jail (A.R.S. § 13-707) and a fine of up to $2,500 (A.R.S. § 13-802).

For a felony, the court can impose a fine of up to $150,000 (A.R.S. § 13-801). Surcharges and assessments are added on top of any fine.

Intent to keep the vehicle. Two of the ways to commit theft under § 13-1814 require proof that you intended to permanently deprive the owner of the vehicle. When the evidence points to temporary use, we push for the charge to match: unlawful use under § 13-1803(A)(1) is a class 5 felony, not a class 3.

Permission and lawful authority. Both statutes require that you acted without lawful authority or took unauthorized control. A shared family car, a friend's car you had driven before, or text messages about borrowing can all bear on what the arrangement actually was.

Rental and borrowed vehicles. When a car was entrusted to you for a limited term or use, the question under § 13-1814(A)(2) is what was actually authorized and whether you converted the car to something else. Rental agreements, extension requests and messages with the owner can show a dispute about terms rather than a theft.

What you knew about the vehicle. A stolen vehicle charge under § 13-1814(A)(5), and a passenger charge under § 13-1803(A)(2), both depend on what you knew or had reason to know. How you came to have the car, what you paid and what paperwork you saw can all explain facts the state calls suspicious.

The stop, the search and your statements. Auto theft cases can begin with a traffic stop or a records check. We review how the stop happened, what was searched and how any statements were taken, and we challenge evidence that was obtained improperly.