How To Fight Joyriding Charges
If you have been accused of joyriding (officially known as aggravated motor vehicle theft in the second degree), you have the right to fight the charges. An experienced attorney can help.
At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Possible Consequences Of Joyriding
The possible consequences of joyriding depend on the value of the motor vehicle in question. For a motor vehicle with a value of $20,000 or more, the offense is a class 5 felony, and the sentence could be: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the Department of Corrections of one to three years, but as much as six years if the court finds the presence of exceptional circumstances, with a mandatory parole period of two years.
For a motor vehicle with a value of less than $20,000 but more than $1,000, the offense is a class 6 felony, and the sentence could be: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the Department of Corrections of one year to 18 months, but as much as three years if the court finds the presence of exceptional circumstances, with a mandatory parole period of one year.
Possible Defenses For Joyriding
Defending against a joy riding charge will generally focus on analyzing whether the person exercised control over the vehicle with the consent of the owner. Many times, people will obtain control of a motor vehicle with the consent of the owner, who then unbeknownst to the driver revokes that consent. Second, the defense may center on other circumstances particular to the specific allegations of how the alleged joy riding was committed.
The remaining defenses that may be applied in a joy riding case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced lawyer to defend you in a joyriding case in Littleton or Jefferson County or across Colorado.