Is Joyriding a Felony in California? Vehicle Code 10851 (Unlawful Taking of a Vehicle) Explained
The short answer: joyriding in California is charged under Vehicle Code section 10851, and it is a wobbler, meaning the District Attorney can file it as a misdemeanor or a felony. A felony conviction carries a county jail term under Penal Code section 1170, subdivision (h), and a misdemeanor carries up to one year in county jail. After Proposition 47, taking a vehicle worth $950 or less is a misdemeanor under Penal Code section 490.2, but that rule does not reach every 10851 case, because the statute also punishes driving a vehicle you did not take. If you were arrested in Riverside, San Bernardino, Victorville, Pomona, or Santa Ana for driving a car the owner says you had no right to drive, this guide explains what the prosecutor must prove, the defenses, and the consequences beyond the sentence. Gramling Law Group handles these cases throughout Southern California.
What Vehicle Code 10851 Actually Prohibits
Taking or driving, with or without intent to steal. Vehicle Code section 10851, subdivision (a), makes it a crime to drive or take a vehicle that is not your own, without the consent of the owner, with the intent to deprive the owner of title or possession either permanently or temporarily. The words "with or without intent to steal" are in the statute, which is why the offense is broader than car theft. Keeping a borrowed car three days past the agreed return, driving a car you know a friend took without permission, and never returning a rental are all fact patterns the Riverside County and San Bernardino County District Attorneys charge under this section.
Two theories, one statute. Courts treat 10851 as covering two different things: a taking theory, which is a theft of the vehicle, and a post-theft driving theory, which is driving the vehicle after the taking is complete. The distinction matters for Proposition 47, for the related charge of receiving a stolen vehicle, and for immigration consequences, so a defense attorney reads the police report and the complaint to figure out which theory the District Attorney is really pursuing. Our article on how prosecutors build criminal cases explains why that charging choice shapes everything that follows.
How it differs from grand theft auto. Penal Code section 487, subdivision (d), makes theft of an automobile grand theft, which requires an intent to permanently deprive the owner. Section 10851 requires only an intent to deprive for any period of time, which is why the District Attorney often files 10851 instead of, or alongside, grand theft when the intent to keep the car is hard to prove. See our guide on grand theft under Penal Code section 487 for the comparison.
What the Prosecutor Must Prove
The elements. To convict under Vehicle Code section 10851, the prosecutor must prove beyond a reasonable doubt that (1) you took or drove someone else's vehicle, (2) you did so without the owner's consent, and (3) when you took or drove it, you intended to deprive the owner of possession or ownership of the vehicle for any period of time. The jury instruction is CALCRIM 1820. There is no requirement that you intended to keep the car, sell it, or strip it. There is also no requirement that you were the person who originally took it, as long as you drove it with the required intent.
Consent is the center of most cases. Because most 10851 defendants knew the owner, the fight is usually over whether consent existed and how far it reached. Consent to drive to the store in Hesperia is not consent to drive to Las Vegas for the weekend, and consent that was revoked by a text message before the drive is no consent at all. The owner's statement to the arresting officer, the text messages between the parties, and the timeline of the taking are the evidence that decides this element, which is why our guide on whether police can use your text messages against you matters here.
Intent is inferred from conduct. The prosecutor rarely has a statement that you intended to deprive the owner of the car. Intent is inferred from how long you kept it, where you took it, whether you ignored calls from the owner, whether the plates or the ignition were altered, and what you said when stopped. In a post-theft driving case, the prosecutor also has to show that you knew the car was taken without consent, which is usually argued from a punched ignition, a missing key, a stolen-vehicle report, or your own statements.
Proposition 47 and the $950 Rule
Theft of a cheap car is a misdemeanor. In People v. Page (2017) 3 Cal.5th 1175, the California Supreme Court held that a 10851 conviction based on taking a vehicle worth $950 or less is petty theft under Penal Code section 490.2 and must be punished as a misdemeanor. In People v. Bullard (2020) 9 Cal.5th 94, the court extended that rule to takings with intent to temporarily deprive, so the value of the vehicle, not the length of the intended deprivation, controls whether a taking is a felony.
Post-theft driving is different. The Supreme Court in Page also made clear that Proposition 47 does not reach a conviction based on driving the vehicle after the theft was complete. A post-theft driving conviction can still be a felony regardless of the car's value. The District Attorney in Riverside and San Bernardino Counties therefore frequently charges, and jurors are instructed on, the driving theory when the car is an older vehicle worth less than $950. A defense attorney's job is to hold the prosecutor to a single theory and to demand a value finding whenever the evidence supports a taking.
Resentencing for older convictions. People with a felony 10851 conviction based on the taking of a low-value vehicle may be eligible to petition for resentencing or reclassification under Penal Code section 1170.18. The petition requires evidence of the vehicle's value at the time of the offense, which is often available from DMV records, insurance records, or a valuation guide.
Penalties for Joyriding in California
Misdemeanor. A misdemeanor conviction under Vehicle Code section 10851 carries up to one year in county jail, a fine, and informal probation, which under Penal Code section 1203a is generally limited to one year for most misdemeanors. Judges at the Riverside Hall of Justice and the San Bernardino Justice Center commonly impose probation, restitution to the owner for damage and towing, and a theft-related condition such as a stay-away order from the owner.
Felony. A felony conviction is punishable under Penal Code section 1170, subdivision (h), with the default triad of sixteen months, two years, or three years in county jail under Penal Code section 18, and formal probation of up to two years under Penal Code section 1203.1 is the more common outcome for a first offense. A felony 10851 is not a strike under Penal Code section 667.5 or Penal Code section 1192.7, and it is eligible for reduction to a misdemeanor under Penal Code section 17, subdivision (b), at sentencing or after probation. Our guide on reducing a felony to a misdemeanor explains the timing.
Enhanced penalties. Vehicle Code section 10851, subdivision (b), increases the punishment when the vehicle is an ambulance, a marked law enforcement or fire vehicle on an emergency call, or a vehicle modified for a disabled person, when the defendant knew that. Penal Code section 666.5 increases the sentence for a person with a prior felony conviction for vehicle theft under 10851, grand theft of a vehicle, or receiving a stolen vehicle. Proposition 36, passed in 2024, also changed some repeat-theft sentencing rules; confirm how it applies to your record before accepting any offer.
Restitution. Every conviction carries victim restitution under Penal Code section 1202.4 for damage to the vehicle, towing and storage, lost property inside the car, and sometimes the owner's lost wages. Our article on how restitution works covers the hearing and the proof.
Defenses to a Vehicle Code 10851 Charge
Consent. If the owner gave you permission to drive the car and you stayed within that permission, there is no crime. The defense also covers a reasonable, good-faith belief that you had consent, for example when a roommate who regularly lent the car said yes and the registered owner later complained. Text messages, prior lending history, and witnesses who saw the keys handed over are the evidence that proves consent.
No intent to deprive. A person who drove the wrong car in a parking lot in Ontario, moved a car a few feet to get out of a driveway, or drove a car to return it to the owner did not intend to deprive anyone of possession. Intent is the element the District Attorney proves by inference, and a plausible innocent explanation supported by the surrounding facts can defeat that inference.
Passenger, not driver. Being a passenger in a car that turns out to be stolen is not a violation of Vehicle Code section 10851. The prosecutor must prove that you drove or took the car. In multi-occupant stops on the 10, the 15, or the 60, the identity of the driver and whether anyone else had control are frequently contested, and the body camera footage of the stop usually decides it.
No knowledge the car was taken. In a post-theft driving case, the prosecutor must show that you knew the car was taken without the owner's consent. Buying a used car from a private seller on social media and driving it with the seller's paperwork, even if the car was stolen earlier, is a knowledge defense. Our article on receiving stolen property under Penal Code section 496 explains the companion charge under Penal Code section 496d for receiving a stolen vehicle.
Suppression of the stop or the statements. Many 10851 cases begin with a traffic stop. If the stop lacked reasonable suspicion or the search of the car exceeded its lawful scope, a motion under Penal Code section 1538.5 can suppress the evidence. Statements made during the stop without warnings under Miranda v. Arizona (1966) 384 U.S. 436 once you were in custody can also be excluded. See our guides on 1538.5 motions and car searches in California.
Joyriding and Receiving a Stolen Vehicle
You usually cannot be convicted of both for the same car. In People v. Garza (2005) 35 Cal.4th 866, the California Supreme Court held that a defendant cannot be convicted of both stealing a vehicle under 10851 and receiving the same stolen vehicle under Penal Code section 496, because a thief cannot receive the property he stole. A conviction for both is possible only when the 10851 conviction rests on post-theft driving rather than the taking. That rule is another reason the theory of the 10851 charge has to be pinned down early.
How plea offers move. In Riverside County and San Bernardino County, a first-offense 10851 with a cooperative owner and no damage often resolves as a misdemeanor with probation and restitution, and sometimes as a reduced charge such as tampering with a vehicle under Vehicle Code section 10852 or a trespass count. Cases with a punched ignition, a high-speed stop, or a prior theft record are filed as felonies and negotiated down only when the defense develops a consent, knowledge, or identity problem for the prosecution. Our article on whether to take a plea deal explains how to evaluate an offer.
Collateral Consequences of a 10851 Conviction
Immigration. The United States Supreme Court held in Gonzales v. Duenas-Alvarez (2007) 549 U.S. 183 that a conviction under Vehicle Code section 10851 is a theft offense for immigration purposes, which means a felony with a sentence of a year or more can be an aggravated felony. Non-citizens should insist that counsel address immigration consequences under Penal Code section 1016.3 before any plea, and should ask about alternatives such as a plea to a non-theft offense.
Employment and licenses. A theft-related conviction, even a misdemeanor, is one of the convictions employers and licensing boards look at most closely because it goes to honesty. Dismissal under Penal Code section 1203.4 after probation helps with private employment, and our guide on expunging a criminal record explains what it does and does not do.
Driving record and insurance. A 10851 conviction is a Vehicle Code conviction and is reported to the DMV. While it does not trigger the administrative suspension that follows a DUI under Vehicle Code section 23152, it appears on the driving record that insurers review, and any related conviction for evading under Vehicle Code section 2800.2 or reckless driving under Vehicle Code section 23103 adds points. See our article on evading a police officer.
What to Do After a Joyriding Arrest
Do not explain yourself to the officer. The statement "I was going to bring it back" sounds like a defense but is a confession to the intent element, because intent to deprive temporarily is enough. Give your name, ask for a lawyer, and stop. Our article on what not to say to police explains why.
Preserve the consent evidence. Save every text, voicemail, and social media message with the owner. Write down who was present when you got the keys. If the car was a rental, keep the agreement and the extension requests. This evidence disappears quickly and is the heart of the defense.
Show up and stay in contact. Many 10851 cases are released on a citation or on own recognizance under Penal Code section 1270, and the first court date at the Riverside Hall of Justice, the San Bernardino Justice Center, the Victorville courthouse, or the Clara Shortridge Foltz Criminal Justice Center is weeks away. Missing it adds a bench warrant and often a new charge. Our guide on clearing a warrant at the Victorville courthouse explains what happens if you do.
Ask about diversion early. Misdemeanor diversion under Penal Code section 1001.95 is available in many first-offense 10851 cases, and completion results in dismissal with no conviction. The request has to be made before the case resolves, and judges in Riverside and San Bernardino weigh restitution to the owner heavily. See our article on misdemeanor diversion.
Frequently Asked Questions
Is joyriding a felony or a misdemeanor in California?
Either. Vehicle Code section 10851 is a wobbler, so the District Attorney chooses, and the judge can later reduce a felony under Penal Code section 17, subdivision (b). Under People v. Page (2017) 3 Cal.5th 1175, a conviction based on taking a vehicle worth $950 or less must be a misdemeanor, but a conviction based on post-theft driving can be a felony regardless of value.
Can I be charged with joyriding if I had permission to borrow the car?
Only if you went beyond the permission you were given. Consent is a complete defense to Vehicle Code section 10851, and so is a reasonable belief that you had consent. The prosecution's theory in borrowed-car cases is usually that the permission was limited in time or place and that you exceeded it, so the texts and the timeline are where the case is won or lost.
What is the difference between joyriding and grand theft auto?
Intent to keep the car. Grand theft of a vehicle under Penal Code section 487, subdivision (d), requires an intent to permanently deprive the owner, while Vehicle Code section 10851 requires only an intent to deprive the owner for any period of time. Prosecutors often file 10851 because it is easier to prove, and under People v. Garza (2005) 35 Cal.4th 866 a defendant generally cannot be convicted of both taking and receiving the same vehicle.
Does a joyriding conviction affect immigration status?
It can, seriously. The United States Supreme Court in Gonzales v. Duenas-Alvarez (2007) 549 U.S. 183 treated Vehicle Code section 10851 as a theft offense, and a felony with a one-year sentence can be an aggravated felony. Penal Code section 1016.3 requires defense counsel to advise on and try to avoid those consequences before a plea.
Can a felony joyriding conviction be reduced or expunged?
Yes, in most cases. A felony 10851 is not a strike and can be reduced to a misdemeanor under Penal Code section 17, subdivision (b), and a conviction can be dismissed under Penal Code section 1203.4 after probation ends. Older felony convictions based on a low-value vehicle may also qualify for reclassification under Penal Code section 1170.18.
Is misdemeanor diversion available for joyriding?
Often. Penal Code section 1001.95 lets a judge grant diversion over the prosecutor's objection on most misdemeanors, and a first-offense 10851 with restitution paid is a common candidate at the Riverside Hall of Justice, the San Bernardino Justice Center, and the Victorville courthouse. Completion ends the case with a dismissal and no conviction.
Gramling Law Group defends vehicle theft, joyriding, and receiving cases at the Riverside Hall of Justice, Southwest Justice Center, San Bernardino Justice Center, Rancho Cucamonga, Victorville, and Barstow courthouses, the Clara Shortridge Foltz Criminal Justice Center, the Central Justice Center in Santa Ana, and courts throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before the first court date. Call (909) 654-4575 or contact us through this website for a consultation.
This article is educational and is not legal advice. Reading it does not create an attorney-client relationship. It addresses California law only.
Related Guides From Gramling Law Group
Learn more about our criminal defense practice serving the Inland Empire, Los Angeles County, and Southern California.
Vehicle theft and joyriding defense in Riverside, San Bernardino, Victorville, Los Angeles, and the Inland Empire.
Gramling Law Group
3600 Lime St, Bldg 2, Riverside, CA 92501
Phone: (909) 654-4575
Serving the Inland Empire, Los Angeles County, Orange County, and all of Southern California except San Diego in family law and criminal defense.
Follow Daniel Gramling on Instagram: @californiafamilylawyer
Comments