Unlike auto theft, which requires proof of intent to permanently deprive the owner of their vehicle, unauthorized use of a vehicle is easier for the state to prove – making it a serious legal threat even in cases where the situation may have been a misunderstanding. You may have borrowed a car believing you had permission, or unknowingly driven a vehicle that was reported stolen.
Yet, despite the circumstances, you could still face felony charges, potential jail time, and a lasting criminal record. At M|C Criminal Law, we know that every case has two sides, and we are committed to ensuring that your voice is heard. Our experienced criminal defense attorneys understand the complexities of these cases and how to challenge the prosecution’s evidence.
If you’re facing an unauthorized use of a vehicle charge, don’t navigate the legal system alone. The right defense can make all the difference in your case. Contact us to explain the situation and let us start working on a defense.
In Texas law, the unauthorized use of a vehicle offense is found under the wider umbrella of theft offenses from the Texas Penal Code, Title 7, Chapter 31. Specifically, Section 31.07. states that ‘A person commits an offense if he intentionally or knowingly operates another’s boat, airplane, or motor-propelled vehicle without the effective consent of the owner.’
However, one of the main differences between theft and the unauthorized use of a vehicle is that the state does not have to prove that the accused intended to keep the vehicle for a successful conviction. In general, it is easier to prove the unauthorized use of a vehicle than car theft, because it is enough to show that a vehicle was driven without permission.
This can also refer to driving a stolen vehicle, that the accused did not personally steal. On the other hand, the state does need to prove that the accused intentionally or knowingly operated the vehicle without the effective consent of the owner. Challenging these elements can be a basis for defense.
Intent and knowledge are not undefined terms in Texas law. These are different degrees of culpable mental states and they are clearly outlined in the Texas Penal Code, Title 2, Section 6.03. This section states that:
‘(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.’
Without establishing one of these mental states, a conviction is not warranted. This element of the charge can be challenged if there is evidence that the accused mistakenly believed they had permission to use the vehicle or were unaware it was being operated unlawfully.
Unauthorized use of a vehicle is classified as a state jail felony in Texas. A conviction can result in a sentence ranging from 180 days to two years in a state jail facility and fines of up to $10,000. While state jail felonies are less severe than higher felony classifications, they still carry serious consequences.
Beyond fines and incarceration, a conviction may lead to a permanent criminal record, affecting employment, housing, and other opportunities. Additionally, certain factors, such as prior felony convictions or the use of the vehicle in another crime, can complicate the case and lead to harsher penalties.
A charge of unauthorized use of a vehicle does not automatically mean a conviction. Several defenses may apply, including mistaken identity, lack of intent or knowledge, or even the owner’s retroactive consent. In some cases, the accused may have believed they had permission to use the vehicle, or there may be insufficient evidence proving they knowingly operated it without consent.
At M|C Criminal Law, our theft and robbery attorneys have extensive experience defending individuals accused of unauthorized use of a vehicle in Texas. With a background in the Prosecutor’s Office, we understand how these cases are built and where they often fall apart. We thoroughly examine the prosecution’s evidence, question any weaknesses in the case, and fight to ensure our clients receive the strongest possible defense.
If you or a loved one is facing charges, now is the time to act. Contact us today to discuss your case and learn how we can protect your rights.
