Taking A Motor Vehicle Without Permission In Washington

TAKING A MOTOR VEHICLE WITHOUT PERMISSION

Definition of Taking a Motor Vehicle without Permission

Unlike Theft of a Motor Vehicle, this charge does not require the person charged to have intended to deprive the owner of their property; simply taking that vehicle without permission, even with the intent to return it is sufficient. Taking a Motor Vehicle without Permission is often charged when a family member or friend borrows someone vehicle without asking.

What qualifies as a motor vehicle?

A motor vehicle is fairly loosely defined by RCW 46.04.670 as:

A device capable of being driven on the highway; or
property upon which persons or property may be transported on a highway

For more information on what can be considered a vehicle, go here.

Two Degrees of Seriousness

In Washington some crimes have multiple degrees of seriousness, and this is one such charge. Taking a Motor Vehicle without Permission has two degrees of seriousness, with First Degree being the most serious. Both are discussed below.

TAKING A MOTOR VEHICLE WITHOUT PERMISSION IN THE SECOND DEGREE

Definition of Taking a Motor Vehicle without Permission in the Second Degree

RCW 9A.56.075 defines this charge as either:

Intentionally taking or driving away a motor vehicle without the permission of the owner or person entitled to possession of the vehicle; or
Voluntarily riding in a motor vehicle with knowledge of the fact that it was unlawfully taken

Note that this definition means that this offense can be charged even to someone who is just a passenger and not a driver of the vehicle. This charge is a Class C felony.

Potential Outcomes for a charge of Taking a Motor Vehicle without Permission in the Second Degree

As a felony, this charge can carry a serious punishment. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.

Potential punishments for a conviction for a Class C felony range as follows:

0-5 years of jail or prison time (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$10,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim of the Theft

TAKING A MOTOR VEHICLE WITHOUT PERMISSION IN THE FIRST DEGREE

Definition of Taking a Motor Vehicle without Permission in the First Degree

Under RCW 9A.56.070, this offense can be charged when a person is accused of doing the following:

Intentionally taking or driving away a motor vehicle without the permission of the owner or person entitled to possession of the vehicle
And the person is also accused of any of the following:
- Altering the vehicle to change its appearance or identification
- Intending to sell the vehicle
- Removing parts of the vehicle with intent to sell them
- Exporting the vehicle across State lines for profit, or attempting to do so
- Engaging in a conspiracy regarding the theft of motor vehicles for profit
- Engaging in a conspiracy where a juvenile was solicited to participate in the theft of a motor vehicle

This charge is a Class B felony.

Potential Outcomes for a charge of Taking a Motor Vehicle without Permission in the First Degree

Ass a Class B felony, this charge carries serious consequences. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Class B felonies are serious offenses that require serious defense. To find out what might be possible in your case, you can schedule a free consultation here.

Potential punishments for a conviction for a Class B felony range as follows:

0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim of the Theft

WHAT CAN YOU DO ABOUT A CHARGE FOR TAKING A MOTOR VEHICLE?

What should I do if I am accused of Taking a Motor Vehicle?

If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.

What should I do if I am charged with Theft?

If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony like Taking a Motor Vehicle. Read more about what to do if you have been arrested here, or charged with a crime here.

What if the alleged victim wants to drop the charges against me?

Sometimes this charge involves a vehicle owned by a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.

However, given the definition of this charge, if you had permission to use the vehicle then that is a defense to this charge. If that is the case then proving you had permission can result in a dismissal of your case. This is especially helpful to your case if the owner can attest that you had permission.

Can I get my case dismissed?

The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.