Unlawful Driving Away of an Automobile Lawyer

Michigan Criminal DefenseAuto Theft Defense Lawyer

In recent years the crime of auto theft or grand theft auto has decreased, however, the penalties for the crime remain harsh. It is important to hire a knowledgable and aggressive criminal defense attorney to ensure the best possible outcome.

Auto theft can be charged in a number of different ways depending on the facts alleged by the police or witnesses against you. The different auto charges vary in terms of punishment and what the prosecuting attorney must prove against you. It is important that you hire an experienced Michigan criminal defense attorney to fight these charges, protect your rights, and get results.

The two most common Michigan auto theft offenses are Unlawful Driving Away of an Automobile and Unlawful use of a motor vehicle, both are listed below.

Unlawful Driving Away of an Automobile (UDAA) Joy Riding

UDAA is the crime of stealing someone’s car. Like all criminal charges, the crime of unlawful driving away of an automobile is made up of elements. The prosecuting attorney must be able to prove all the elements of the crime against you for a conviction. If even one element cannot be proven your case should be dismissed or result in an acquittal.

Elements of Unlawful Driving Away of an Automobile

First, that the vehicle belonged to someone else.

Second, that the defendant took possession of the vehicle and took it away.

Third, that these acts were both done without the owner’s permission.

Fourth, that the defendant intended to take possession of the vehicle and take it away.

Any one that assists in the theft of the automobile can be charged with the same crime.

Penalties of Unlawful Driving Away of an Automobile

MCL 750.413: The penalty for auto theft under UDAA is a felony with a maximum punishment of up to 5 years in prison.

Unlawful Use of a motor Vehicle

A lesser, but still serious, charge of auto theft is unlawful use of a motor vehicle. Like UDAA mentioned above, the crime of unlawful use of a motor vehicle is made up of elements. The prosecuting attorney must be able to prove all the elements of the crime against you for a conviction. If even one element cannot be proven your case should be dismissed or result in an acquittal.

Elements of Unlawful Use of a motor Vehicle

First, that the vehicle belonged to someone else.

Second, that the defendant used the vehicle.

Third, that the defendant did this without authority, or exceeded the authority they were given.

Fourth, that the defendant intended to use the vehicle, knowing that they did not have the authority to do so.

Penalty of Unlawful Use of a motor Vehicle

The penalty for an unlawful use of an automobile in Michigan is a felony that carries up to 2 years imprisonment and possibly a term of probation of up to 5 years.

Michigan Auto Theft Defenses

If you have been charged with unlawful driving away of an automobile or unlawful use of a motor vehicle there may be many defenses available to you depending on the facts of your case.

If there was an emergency that required you to get some where quickly you could have a solid defense based on necessity.  If you were forced under duress you could have a strong defense. Obviously, if you had permission to use the vehicle and did not exceed the permission you were given you have a strong defenses. Remember, if even one element of the crime cannot be proven you should not be convicted of the crime.

We may be able to negotiate on your behalf in order to dismiss the charge, reduce the charge, or limit the punishment.

Hire a skilled attorney to fight on your behalf. Aaron J. Boria is a Michigan criminal defense attorney who will fight for you. He has handled hundreds of criminal cases and delivers powerful results for your clients. When your freedom and future is at stake you need an aggressive lawyer, contact criminal defense lawyer Aaron J. Boria today (734) 453-7806.