With decades of experience defending clients against serious criminal charges, D.G. Moore is a leading Michigan criminal defense attorney who has successfully fought for individuals accused of auto theft, joyriding, and related crimes.
His strategic defense approach has resulted in dismissals, reduced charges, and acquittals, helping clients avoid harsh penalties. If you’re facing auto theft or unauthorized use of a vehicle charges, D.G. Moore Law is ready to fight for you.
Understanding MCL 750.413 Auto Theft in Michigan
In Michigan, auto theft (Grand Theft Auto) is a serious felony offense punishable by up to five years in prison, while “unauthorized use of a motor vehicle” (often called “joyriding”) is a misdemeanor carrying up to two years imprisonment or a fine of up to $1,500, although penalties may be lessened for first-time offenders.
Understanding Auto Theft (MCL 750.413) and Joyriding (MCL 750.414)
Auto theft is a felony in Michigan under the Michigan Penal Code, while unauthorized use of a vehicle, also known as joyriding, is a high-court misdemeanor. The key difference between the two offenses is intent. Auto theft involves the intent to permanently deprive the owner of their vehicle, while joyriding is taking a vehicle without permission but without the intent to steal it.
What Are the Key Differences Between Auto Theft and Joyriding?
| Offense | Definition | Penalties |
|---|---|---|
| Auto Theft (MCL 750.413) | Taking a vehicle without consent with intent to steal it | Up to 5 years in prison and fines |
| Joyriding (MCL 750.414) | Taking a vehicle without consent without intent to steal it | Up to 2 years in prison and fines up to $1,500 |
| First-Offense Joyriding | A first-time offense where the court may apply leniency | Up to 3 months in jail or fines up to $500 |
Criminal Penalties for Auto Theft and Unauthorized Use of a Motor Vehicle in Michigan
Penalties for Auto Theft (MCL 750.413)
- Felony charge
- Up to 5 years in state prison
- Fines imposed at the court’s discretion
Penalties for Joyriding (MCL 750.414)
- Misdemeanor charge for taking a vehicle without the owner’s permission
- Up to 2 years in prison or fines up to $1,500
- First offense: The court may reduce punishment to 3 months in jail or fines up to $500
How Michigan Prosecutors Prove Auto Theft Charges Beyond a Reasonable Doubt
For a conviction of auto theft, the prosecution must prove beyond a reasonable doubt that:
- The defendant took possession of the vehicle – This includes driving away or even assisting in such taking possession.
- The vehicle belonged to another person – The defendant did not have ownership or consent from the rightful owner.
- The defendant acted willfully and without authority – The vehicle was taken without permission.
- The defendant intended to deprive the owner of the vehicle permanently – If proven, this is auto theft, not joyriding.
For a conviction of joyriding, the prosecution does not need to prove intent to steal—only that the defendant took the vehicle without permission.
Defenses Against Auto Theft and Joyriding Charges
Possible Legal Defenses for Auto Theft Charges
- Lack of intent – If the defendant did not intend to permanently deprive the owner of their vehicle when taking possession, it may be classified as joyriding.
- Mistaken identity – The accused was not the person who stole the vehicle.
- Permission from the owner – If the defendant had permission but there was a misunderstanding, charges may not hold.
- Insufficient evidence – Prosecutors must provide concrete evidence to prove all elements of the charge beyond a reasonable doubt.
Possible Legal Defenses for Joyriding Charges
- Permission from the owner – If the vehicle owner granted permission, even temporarily, charges should be dismissed.
- Lack of knowledge – The defendant was unaware they were engaging in unauthorized driving.
- Duress – If the defendant was forced to take the vehicle under threat of harm, this could serve as a defense.
Other Crimes Related to Auto Theft and Joyriding in Michigan
Several offenses are closely related to unlawful vehicle use and auto theft in Michigan:
- Larceny of a Motor Vehicle or Trailer (MCL 750.356a) – Involves stealing a vehicle or trailer with intent to keep it permanently.
- Carjacking (MCL 750.529a) – A violent felony where an individual takes a vehicle by force, threats, or intimidation.
- Unlawfully Driving Away an Automobile (UDAA) (MCL 750.413) – Same as auto theft but does not require proof of force, and involves unlawful driving.
- Receiving and Concealing Stolen Motor Vehicles (MCL 750.535) – Possessing or selling a stolen vehicle, even without stealing it personally.
- Fraudulent Vehicle Transactions (MCL 750.219) – Includes title fraud, odometer fraud, and leasing fraud.
How Criminal Defense Lawyers Can Help with Auto Theft Cases
An experienced Michigan criminal defense lawyer can:
✔ Challenge the prosecution’s evidence
✔ Negotiate plea deals to reduce charges
✔ Present defenses to dismiss charges✔ Help first-time offenders avoid jail time
An experienced lawyer can also help navigate the Michigan sentencing guidelines to seek the most favorable outcome.
Call a Criminal Defense Attorney for a Free Consultation
If you or a loved one has been charged with auto theft or joyriding under the Michigan Penal Code, securing skilled legal representation is crucial. Contact a Michigan criminal defense attorney at D.G. Moore today for a free consultation by calling (269) 808-8007.
Resources:
For more information on auto theft laws in Michigan, visit:
FAQs About Auto Theft and Joyriding in Michigan
What is the difference between auto theft and joyriding?
Auto theft involves the intent to permanently steal a vehicle, while joyriding is taking a vehicle without permission but without intent to steal it.
Can I be charged with auto theft if I return the vehicle?
Yes, if the prosecution proves that you initially intended to steal the vehicle when taking possession, even if it was later returned.
Can a joyriding charge be upgraded to auto theft?
Yes, if there is evidence of intent to permanently keep the vehicle, the charge can be escalated from unauthorized driving to a felony auto theft charge.
What happens if I am caught driving a stolen vehicle but didn’t steal it?
If you were unaware the vehicle was stolen, you may be able to argue a lack of knowledge defense. However, such taking possession of a stolen vehicle is also a crime in Michigan.
Will an auto theft conviction stay on my record permanently?
Yes, a felony conviction remains on your criminal record for life unless you successfully file for expungement under Michigan law, and it can result in time served in state prison.
Can juveniles be charged with auto theft?
Yes, minors can be charged as juveniles or adults depending on the severity of the crime and past criminal history, as outlined in the Michigan sentencing guidelines.
