Mission Viejo, Orange County - A man reportedly took a tow truck on a joyride last Friday night, according to the Orange County Sheriff's Department.
The suspect took the tow truck from a gas station at Crown Valley Parkway and I-5, went joy riding around the area and brought it back to the gas station where he was arrested for California Vehicle Code 10851, The Unlawful Taking or Driving of a Vehicle, according to sheriff officials.
A lot of people understandably think all forms of auto theft, like carjacking, joyriding and grand theft auto, are all the same crime, but they're very different crimes with very different punishments, explains Irvine criminal attorney Michael L. Guisti.
Now joyriding is when you basically take a vehicle that isn't your own, drive it around for a period of time and return it, in which case you don't deprive the victim of their vehicle, says Guisti.
In this tow truck case joyriding is the least severe of auto theft crimes that is typically charged as a misdemeanor, but, Guisti stresses, joyriding can be charged as a felony.
Most joyriding punishments involve large fines and possibly up to a year in jail, says Guisti.
Now if you take a vehicle and keep it for yourself that is grand theft auto and that is typically charged as a felony, which can result in many years in prison, says Guisti.
If you took a vehicle that wasn't yours by use of force or fear you will be charged with carjacking, which is taken very seriously by the courts, says Guisti, and the crime of carjacking typically applies regardless if you allegedly committed grand theft auto or joy riding.
Often what is charged with these auto theft crimes is the crime of auto burglary, which, according to Guisti, is when you enter an unlocked car.
Now let's say you broke into the vehicle and perhaps stole the radio and other items inside the car, but didn't steal the car, you could still be charged with auto burglary explains Guisti.
What is interesting about the crime of auto burglary is to be charged with this crime you must have altered the lock of a vehicle or trunk, and this means if you entered an unlocked car you cannot be charged with this crime, says Guisti.
Being caught using a car that necessarily wasn't yours can cause you a lot of problems, but the Orange County auto theft attorney experts at the Law Offices of Michael L. Guisti.
For over a decade the legal experts at the Law Offices of Michael L. Guisti have won very difficult cases for our clients accused of all kinds of auto theft in the Orange County courts of, Santa Ana, Westminster, Fullerton and Newport Beach.
So please, call us now.
