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Arrested On Unauthorized Use Of A Vehicle?

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Arrested on Unauthorized Use of a Vehicle?

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Being arrested for unauthorized use of a vehicle, which is often called joyriding, can lead to serious consequences. Ohio treats unauthorized use of a vehicle as a serious theft offense that can escalate from a misdemeanor to a second-degree felony, depending on the circumstances.

If you’re facing this charge, you need to be ready to defend yourself and your rights.

Why You Should Contact Patituce & Associates First

At Patituce & Associates, we can defend people across Ohio who have been accused of unauthorized use of a vehicle under Ohio Revised Code § 2913.03. Our legal team understands how these cases are charged, how prosecutors attempt to elevate them to felony-level offenses, and how to challenge the assumptions that often lead to arrest.

When we represent someone accused of joyriding, we focus on:

  • Whether permission, explicit or implied, actually existed
  • Whether the intent to permanently deprive someone of their vehicle can truly be proven
  • How the value of the vehicle or alleged conduct affects the charge level
  • Whether law enforcement overcharged the case based on limited facts

We are led by Attorney Joseph Patituce, who is one of the only 8 board-certified criminal trial lawyers in Ohio, and our team has handled more than 400 jury trials. In other words, we have insight into the law that you know that you can depend on when it matters the most.

What Is Unauthorized Use of a Vehicle in Ohio?

Under ORC § 2913.03, a person commits unauthorized use of a vehicle if they knowingly use or operate a vehicle without the consent of the owner or a person authorized to give consent.

This offense typically applies when:

  • Someone takes a vehicle without permission, but claims they planned to return it
  • A borrowed vehicle is used beyond the scope of permission
  • A family member or acquaintance disputes whether consent existed
  • A vehicle is used without authorization, but not stolen for resale

Unlike traditional theft, intent to permanently deprive the owner is not required for a joyriding charge, which makes it easier for prosecutors to bring the case.

Penalties for Unauthorized Use of a Vehicle by Degree

Unauthorized use of a vehicle can be charged at multiple levels, depending on aggravating factors such as the value of the vehicle, prior convictions, or how the vehicle was used.

First-Degree Misdemeanor

A first-degree misdemeanor is the lowest-level charge for joyriding.

Potential penalties include:

  • Up to 180 days in jail
  • Fines up to $1,000
  • Probation, restitution, and court costs

Fifth-Degree Felony

The offense may be charged as a felony of the fifth degree if certain statutory conditions are met.

Potential penalties include:

  • 6 to 12 months in prison
  • Fines up to $2,500
  • Post-release control and restitution

Fourth-Degree Felony

More serious circumstances, such as the alleged joyriding costing the victim more than $1,000 (but less than $7,500) in losses, can elevate the charge to a fourth-degree felony.

Potential penalties include:

  • 6 to 18 months in prison
  • Fines up to $5,000
  • Extended supervision and collateral consequences

Third-Degree Felony

A third-degree felony charge exposes a defendant to substantial prison time. Prosecutors may seek this charge if the total loss to the victim is between $7,500 and $37,000.

Potential penalties include:

  • 9 to 36 months in prison
  • Fines up to $10,000
  • Mandatory post-release control in some cases

Second-Degree Felony

In the most serious situations, unauthorized use of a vehicle may be charged as a second-degree felony. If the victim alleges they suffered more than $37,000 in total losses due to your joyride, you could be charged at this level.

Potential penalties include:

  • 2 to 8 years in prison
  • Fines up to $15,000
  • Long-term post-release control

Joyriding Is Not Grand Theft Auto

Unauthorized use of a vehicle is not the same as grand theft of a motor vehicle.

The key distinction lies in intent, such as:

  • Joyriding involves using a vehicle without permission, often with the claim that it would be returned.
  • Grand theft auto requires proof that the accused intended to permanently deprive the owner of the vehicle.

Prosecutors sometimes attempt to blur this distinction. A skilled defense attorney can challenge whether the evidence truly supports a theft charge rather than unauthorized use.

How Joyriding Differs from Carjacking

Joyriding is also fundamentally different from carjacking, which is typically prosecuted under Ohio’s robbery or aggravated robbery statutes. Carjacking involves force or threat of force that is used against someone present at the scene of the crime, such as a driver within the vehicle.

Unauthorized use of a vehicle does not involve violence or threats, so it shouldn’t be charged as carjacking. If prosecutors attempt to escalate a joyriding case into a robbery-related offense, it should be scrutinized and challenged by your defense attorney.

Common Defenses to Unauthorized Use of a Vehicle

Every case is fact-specific, but common defense strategies to joyriding charges may include:

  • Demonstrating actual or implied consent
  • Showing a lack of knowledge that permission was absent
  • Challenging witness credibility or conflicting statements
  • Questioning whether the charge level is legally justified

No law firm can promise a specific outcome, but a thorough and strategic defense can expose weaknesses in the prosecution’s case.

Take Joyriding Charges Seriously – Call for Help Now

Unauthorized use of a vehicle may sound like a low-level crime, but in Ohio, it is a serious criminal offense that can result in jail or prison time, high fines, and long-term consequences.

Whether the charge is a misdemeanor or a felony, how your case is handled matters. If you’ve been arrested or charged, Patituce & Associates can help you understand your options and fight to protect your future, like we’ve done for countless others throughout the years.

Call (440) 771-1175 now if you’d like a FREE case consultation with our attorneys.