Criminal Defense Lawyers

10851 A Vc

Understanding Vehicle Code 10851 VC: Unlawful Taking or Driving of a Vehicle

At Spodek Law Group, we know that facing criminal charges under Vehicle Code 10851 VC can be an overwhelming and stressful experience. You may be worried about the potential consequences and how a conviction could impact your life. That‘s where our skilled criminal defense attorneys come in – we’re here to provide the aggressive legal representation you need to fight back against these serious allegations.

What is Vehicle Code 10851?

Vehicle Code 10851, often referred to as “joyriding,” makes it a crime to drive or take someone else‘s vehicle without their consent. More specifically, VC 10851 prohibits:

• Driving a vehicle without the owner’s consent, and
• Taking a vehicle without the owner’s consent (even if you don’t drive it)

This law applies to a wide range of vehicles, including cars, motorcycles, scooters, buses, and commercial vehicles. It‘s important to note that you can be charged under VC 10851 even if you intended to return the vehicle after temporarily using it. The key element is that you took or drove the vehicle without permission.

Elements of the Crime

To convict you under Vehicle Code 10851, the prosecution must prove the following elements beyond a reasonable doubt:

1. You took or drove a vehicle belonging to someone else
2. Without the owner’s consent
3. When you did so, you intended to deprive the owner of possession or ownership of the vehicle for any period of time

It’s important to understand that the owner‘s consent cannot be presumed or implied based on a previous occasion where they allowed you (or someone else) to use their vehicle. The prosecution must show that you did not have consent for the specific incident in question.

Penalties for a VC 10851 Conviction

The consequences of a conviction under Vehicle Code 10851 can be severe. This offense is what‘s known as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and your criminal history.

In addition, if the vehicle involved was an ambulance, law enforcement or fire department vehicle, or one modified for use by a disabled person, you could face enhanced penalties. A conviction in these cases is an automatic felony, punishable by:

Christine Twomey

2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• 2, 3, or 4 years in state prison
• A fine of up to $10,000

As you can see, a conviction under VC 10851 is no small matter. It can result in significant jail or prison time, hefty fines, and a permanent criminal record. That’s why it’s critical to have an experienced criminal defense attorney in your corner, fighting to protect your rights and secure the best possible outcome.

Legal Defenses to VC 10851 Charges

At Spodek Law Group, we understand the ins and outs of Vehicle Code 10851 and know how to effectively challenge the prosecution’s case. Some common legal defenses we may explore include:

Lack of Intent

One key element of VC 10851 is intent – the prosecution must prove that you intended to deprive the owner of their vehicle, even temporarily. If we can show that you lacked this required intent, it can be a strong defense against the charges. For example, maybe you reasonably believed you had the owner‘s consent to use the vehicle.

Consent of the Owner

If the vehicle owner did in fact consent to you taking or driving their vehicle, you haven’t violated VC 10851. We would work to gather evidence of this consent, which could include text messages, emails, witness testimony, or other communications.

Insufficient Evidence

As with any criminal charge, the prosecution bears the burden of proving every element of the alleged offense beyond a reasonable doubt. If there are weaknesses or gaps in the evidence, we will identify and exploit them to cast doubt on the prosecution‘s case. This could involve challenging witness credibility, poking holes in the investigation, or presenting evidence that supports your innocence.

Mistake of Fact

In some cases, a genuine misunderstanding or mistake of fact can negate the intent required for a VC 10851 conviction. For instance, maybe you honestly but mistakenly believed the vehicle was yours or that you had the owner’s permission to use it. While this defense doesn’t apply in every situation, it’s one potential avenue we would explore.

Why You Need a Skilled Criminal Defense Attorney

Facing charges under Vehicle Code 10851 is a serious matter that requires the guidance of an experienced criminal defense lawyer. At Spodek Law Group, we have a proven track record of success in handling these cases and know what it takes to secure the best possible outcome.When you work with us, you can expect:

• A thorough review of the evidence and circumstances surrounding your case
• An honest and straightforward assessment of your legal options
• Aggressive advocacy at every stage of the legal process
• Personalized attention and responsive communication
• A tireless pursuit of justice on your behalf

We understand the stress and uncertainty that comes with criminal charges, and we’re here to provide the support and guidance you need during this difficult time. Our goal is to protect your rights, preserve your freedom, and secure the most favorable resolution possible.

Don’t Face VC 10851 Charges Alone – Contact Spodek Law Group Today

If you or a loved one has been charged with unlawful taking or driving of a vehicle under Vehicle Code 10851, time is of the essence. The sooner you involve a skilled criminal defense attorney, the better your chances of achieving a positive outcome.At Spodek Law Group, we’re ready to put our experience and expertise to work for you. We offer free initial consultations, where we’ll review your case, answer your questions, and help you understand your legal options. Don’t wait – contact us today to schedule your consultation and take the first step towards protecting your rights and your future.Remember, you don’t have to face these serious charges alone. With Spodek Law Group in your corner, you can have peace of mind knowing you have a dedicated legal advocate fighting for you every step of the way. Trust us to provide the aggressive defense you need and deserve.