Unlawful Use of a Vehicle Defense
Being accused of taking a car, or of riding in one, often starts with a misunderstanding about permission. You deserve a clear explanation of the charge and a careful look at what you knew at the time.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-1803 covers taking unauthorized control of another person's vehicle, or knowingly riding in one you know or have reason to know was taken, without intent to keep it permanently. It is often called joyriding.
- How it is classified: Taking control is a class 5 felony. The passenger form is a class 6 felony.
- Possible sentence (first offense): For a class 5 felony, 0.5 to 2.5 years in prison, or probation if the court finds you eligible.
- Where the case is heard: Maricopa County Superior Court, in the downtown Phoenix criminal court complex. Confirm the building on your current notice. A case against someone under 18 may be handled in juvenile court instead.
- What to do now: Do not explain your side to police before you talk with a lawyer, and write down who gave you the keys or permission, and when.
What the law says
Under § 13-1803(A), the State must prove you acted "without intent permanently to deprive" the owner, and that you did one of two things:
- Knowingly took unauthorized control over another person's means of transportation (§ 13-1803(A)(1)).
- Knowingly were transported or physically located in a vehicle that you knew or had reason to know was in the unlawful possession of another person under paragraph 1 or A.R.S. § 13-1814 (§ 13-1803(A)(2)).
The definitions in A.R.S. § 13-1801(A) apply. A means of transportation "means any vehicle," and to control property means "to act so as to exclude others from using their property except on the defendant's own terms." Driving someone's car without permission is the typical example, but any vehicle can qualify.
The passenger form has its own knowledge element. Being in the car is not enough. The State must show you knew, or had reason to know, that the person who had the vehicle had it unlawfully.
How it is classified
| Charge | Key element | Class |
|---|---|---|
| Unlawful use, § 13-1803(A)(1) | Taking unauthorized control, without intent to permanently deprive | Class 5 felony (§ 13-1803(B)) |
| Unlawful use, passenger form, § 13-1803(A)(2) | Riding in or being in a vehicle you know or have reason to know is unlawfully possessed | Class 6 felony (§ 13-1803(C)) |
| Theft of means of transportation, § 13-1814 | Control with intent to permanently deprive, misuse of an entrusted vehicle, misrepresentation, keeping a lost vehicle, or controlling a vehicle known to be stolen | Class 3 felony (§ 13-1814(D)) |
The main line between the two statutes is intent. Theft under § 13-1814(A)(1) requires intent to permanently deprive the owner, and unlawful use does not. Note that § 13-1814(A)(2) separately covers converting a vehicle that was "entrusted to or placed in the defendant's possession for a limited, authorized term or use," so a borrowed or rented vehicle kept past the agreement can be charged as theft. See our auto theft page.
Possible penalties
For a first felony offense that is not dangerous, A.R.S. § 13-702(D) sets these prison ranges:
| Class | Mitigated | Presumptive | Aggravated |
|---|---|---|---|
| Class 6 (passenger form) | 0.33 years | 1 year | 2 years |
| Class 5 (unlawful use) | 0.5 years | 1.5 years | 2.5 years |
| Class 3 (theft of means of transportation) | 2 years | 3.5 years | 8.75 years |
If you are eligible, A.R.S. § 13-901(A) allows the court to suspend the sentence and place you on probation. Under A.R.S. § 13-902(A), probation can last up to three years for a class 5 or 6 felony and up to five years for a class 3 felony. For a class 6 felony that is not dangerous, A.R.S. § 13-604(A) lets the court enter judgment as a class 1 misdemeanor or leave it undesignated, unless you have two or more prior felony convictions. The court must also order restitution "in the full amount of the economic loss" under A.R.S. § 13-603(C), which can include damage to the vehicle.
Consequences beyond the sentence
- Record: Unlawful use is a felony. A set-aside under A.R.S. § 13-905 sets aside the judgment of guilt. Under A.R.S. § 13-911(E), you may petition to seal the record five years after completing a class 4, 5 or 6 felony sentence, or ten years for a class 2 or 3 felony. See set-asides and record sealing.
- Firearms: A felony conviction makes you a prohibited possessor under A.R.S. § 13-3101(A)(7)(b), and 18 U.S.C. § 922(g) adds a federal bar.
- Immigration: Vehicle and theft offenses can carry consequences under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Work: A vehicle offense can affect jobs that involve driving, deliveries, dealerships or access to company vehicles.
Avoiding jail is not the same as avoiding a conviction. Probation with a felony conviction still carries the consequences above.
How we defend unlawful use of a vehicle cases
These cases can begin with a dispute between people who know each other. Depending on the facts, we may focus on:
- Permission. A family car, a vehicle you were buying, or one a friend lent you may mean your control was authorized. Texts, call logs and witnesses can help show consent.
- Knowledge, for passengers. Whether you had "reason to know" the vehicle was unlawfully possessed depends on what you saw and were told, such as whether the driver had keys and spoke of the car as their own.
- Intent. If the State charged theft under § 13-1814, the evidence may show at most a temporary use, which fits § 13-1803 instead.
- Identity. Who was driving, and when, can be unclear in a stop where several people were in the car.
- The stop and the search. We review the reason for the stop, any search of the vehicle and any statements, and whether a motion to suppress may apply.
Mitigation can matter a great deal: a returned vehicle, restitution, your age and your record. Your initial appearance is within 24 hours of arrest, and early help can shape release conditions.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
The difference is intent. Unlawful use under § 13-1803 applies when there was no intent to permanently deprive the owner, while theft of means of transportation under § 13-1814(A)(1) requires that intent. Theft is a class 3 felony, two classes higher than unlawful use.
Yes, under § 13-1803(A)(2), but only if the State proves you knew or had reason to know the vehicle was unlawfully possessed. That passenger form is a class 6 felony. What you knew at the time is often the central question.
It can be charged, depending on what the owner agreed to and what happened. Keeping an entrusted vehicle for an unauthorized term or use is listed in § 13-1814(A)(2). The terms of the agreement, and any messages about it, can be important evidence.
Section 13-604(A) applies only to class 6 felonies, so the passenger form may be designated a misdemeanor if you qualify. The class 5 form does not fit that statute as charged. A negotiated plea to a class 6 offense may open that option.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-603: Authorized disposition of offenders
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-901: Probation
- A.R.S. § 13-902: Periods of probation; monitoring; fees
- A.R.S. § 13-905: Setting aside judgment of convicted person on discharge; application; release from disabilities; certificate of second chance
- A.R.S. § 13-911: Sealing of arrest, conviction and sentencing records; requirements; fee; appeal; definition
- A.R.S. § 13-1801: Definitions
- A.R.S. § 13-1803: Unlawful use of means of transportation; classification
- A.R.S. § 13-1814: Theft of means of transportation; affidavit; classification
- A.R.S. § 13-3101: Definitions
Cornell Legal Information Institute
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If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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