Vehicle Code 10851 is California’s unlawful taking or driving of a vehicle — often called joyriding. It covers driving or taking a car without the owner’s consent, with intent to deprive them of it.
It is a wobbler, and as a misdemeanor it carries up to one year in county jail.
What VC 10851 Says
VC 10851(a) reaches a person who drives or takes a vehicle that is not their own, without the owner’s consent, and with intent to deprive the owner of possession or title — whether temporarily or permanently. That ‘temporary’ language is what makes it ‘joyriding’: unlike theft, you do not have to intend to keep the car.
Felony or Misdemeanor?
VC 10851 is a wobbler. As a misdemeanor it carries up to one year in county jail and/or a fine up to $5,000; as a felony the exposure is greater. Whether it is filed as a misdemeanor often turns on the value of the vehicle, the circumstances, and the person’s record.
Defenses
- Consent. If the owner let you use the car — or you reasonably believed they had — there is no offense.
- No intent to deprive. Borrowing, a misunderstanding between family members or exes, or a good-faith claim of right.
- Mistaken identity — you were not the driver.
- Reduction under PC 17(b) and judicial diversion (PC 1001.95) can keep an eligible case a misdemeanor and out of a conviction.
Frequently Asked Questions
What is the difference between joyriding and grand theft auto?
Joyriding under VC 10851 covers taking or driving a vehicle without consent with intent to deprive the owner even temporarily. Grand theft auto (PC 487(d)) requires the intent to permanently deprive. Because VC 10851 reaches temporary takings, it is charged far more often.
Is VC 10851 a felony or a misdemeanor?
It is a wobbler. As a misdemeanor it carries up to one year in county jail and/or a fine up to $5,000; it can also be charged as a felony, often depending on the vehicle's value, the circumstances, and the person's record.
What are the defenses to a VC 10851 charge?
Consent (the owner let you use the car, or you reasonably believed so), no intent to deprive (borrowing or a family/relationship misunderstanding), and mistaken identity. Consent and intent are usually the decisive issues.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Consent and intent are the whole ballgame on a 10851. Tell me what happened and I'll tell you where the case is soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com