Everyone makes mistakes. However, the consequences of those mistakes vary. If your mistake involves stealing a motor vehicle, then your consequences could be particularly harsh. But your criminal charges don’t need to end in a conviction. Find out everything that you need to know about motor vehicle theft.
What is Motor Vehicle Theft?
As you might expect, motor vehicle theft is the theft or attempted theft of a motor vehicle. This common crime usually involves cars, buses, trucks, and other vehicles. However, the definition is not as simple as it sounds. There are a few important details that you should know about the crime.
First, you should know that every state has different laws regarding the theft of vehicles. On a federal level, there are many specific requirements for motor vehicle theft charges. For example, a chauffeur who uses his client’s vehicle in an unauthorized manner is not guilty of motor vehicle theft. Likewise, taking a vehicle for temporary use when there is assumed permission to do so is not theft. You might drive your sister’s car without realizing that she does not want you to take it. Although she might consider it theft, the law does not.
It’s also important to realize that the definition of a motor vehicle is not standard. In some states, a motor vehicle has a loose definition that is open to interpretation. In other states, the law clearly states the vehicles that could result in motor vehicle theft charges.
Understanding the Crime
If you want to understand the crime better, then you need to learn what a prosecutor needs to prove. While the specifics vary state by state, they are similar. Here is a look at the key elements of motor vehicle theft charges in New Jersey:
1. You knew that the property was not yours to take
2. The property belonged to another individual
3. You wanted to deprive the other individual of their vehicle
4. You planned to keep the vehicle on a permanent basis, or to hide it permanently from the vehicle’s owner
If your crime does not meet the requirements of motor vehicle theft, then you could still be in trouble. Although you won’t face the same charges, you could face other criminal charges.
The Penalties
Much like the laws for vehicle theft charges, the penalties for them also vary by location. However, they usually result in a fine and jail time. For example, New Jersey takes the crime quite seriously. An individual with a motor vehicle theft conviction could spend as much as five years in prison. It could also result in a fine of $500, and you could lose your license for one year. If you have prior offenses, then the penalties are higher. For second-time offenders, the fine is up to $1,000 and the license suspension is for two years.
Although those penalties might seem like punishment enough, there are other penalties. However, they come long after you serve your sentence. After you get out of prison, you have to live with a criminal conviction. This means that you might have a difficult time finding work or housing. Potential employers or landlords could find out about your conviction and discriminate against you.
Fighting Your Charges
If you don’t want to face the consequences of motor vehicle theft, then you need to hire a lawyer. It’s the only way that you can fight the charges and get a chance at a better future. Without legal representation, it’s likely that you will get a conviction and a harsh sentence.
There are many ways that a lawyer can help you. However, it all depends on your situation. Your lawyer will speak with you about the incident that led to your arrest. Then, he can help you come up with an appropriate strategy. Here are a few strategies that your lawyer might consider:
1. Innocence
If you are innocent, then your lawyer might go with this option. There might not be enough evidence against you or a strong case against you. In this case, your lawyer can point out holes in the prosecution’s argument. This could create reasonable doubt in the mind of the jury.
2. Lack of Intent
According to the legal definition of motor vehicle theft, the accused needed to act with the intent of depriving the owner of the vehicle. Your crime might not meet this definition. If the prosecutor cannot prove that you had plans to keep or sell the vehicle, then you could have a strong defense.
3. Assumed Permission
If you assumed that you had permission to take a vehicle, then you might not be guilty of this type of theft. The prosecutor needs to show that you knew that the property was not yours to take. If your lawyer can prove otherwise, then you could get a good outcome.
Whatever defense you use, you need an experienced lawyer to make it effective. With the right lawyer, you could evade the many penalties of motor vehicle theft charges.
