Theft of Means of Transportation in Arizona: ARS 13-1814 click for a free consultation

Posted on April 16, 2025 in Assault & Violent Crimes

What some may know as “grand theft auto,” Arizona law calls theft of means of transportation as set forth in ARS 13-1814. Theft of means of transportation is a class 3 felony in Arizona, which can result in several years of prison time and hefty fines.

If you have been charged with theft of means of transportation, call AZ Defenders at (480) 456-6400 or use our contact form to get help from an attorney.

What Constitutes Theft of Means of Transportation?

ARS 13-1814 lists five definitions of what it means to commit theft of means of transportation:

1. Controlling another person’s means of transportation while intending to permanently deprive that person of it. Essentially, this means breaking into and stealing someone else’s vehicle.
2. If someone else has authorized another person to use that person’s means of transportation for a limited time and the person (“converts” it) or uses it for an unauthorized term. This is what happens, for example, if a person borrows a friend’s car for a limited period of time and then decides to either keep possession of it or keep it for longer than the agreed-upon period.
3. Obtaining someone else’s means of transportation by an act of material misrepresentation, intending to permanently deprive the owner of it. This can happen, for example, if a person agrees to purchase a vehicle from someone else and then takes control over the vehicle without intending to pay for it. Another example is taking somebody’s vehicle while posing as a repossessor.
4. Coming into possession of someone else’s means of transportation as a result of it being a lost or misdelivered vehicle when the recipient has the ability to identify who the proper owner is and makes no reasonable effort to notify the true owner.
5. Taking control over someone else’s means of transportation while knowing, or having reason to know, that it is stolen property. If someone sells you a car at a price substantially below its market value, or you buy a car from a dealer outside that dealer’s normal course of business, or if you are in possession of stolen property and have no satisfactory explanation for why you have it, then a statutory inference exists that you knew or should have known the property is stolen.

How Does Arizona Law Define a “Means of Transportation?”

“Means of transportation” refers to any vehicle that can be used on a highway, waterway, or airway, except for devices moved by human power or used exclusively upon stationary rails or tracks. Examples of vehicles include cars, trucks, motorcycles, airplanes and boats.

How Does Arizona Law Define “Taking Control Over” a Means of Transportation?

Most of the statutory definitions of theft of transportation involve taking control over someone else’s vehicle. In Arizona, this means preventing anyone else from using the vehicle except on the terms of the person who is wrongfully in possession of it. Simply put, unauthorized control means behaving like one owns a vehicle belonging to someone else.

What Are the Penalties for Stealing a Vehicle in Arizona?

No matter which of the five ways one uses to commit theft of means of transportation in Arizona, the penalty upon conviction is the same: a class 3 felony.

A class 3 felony conviction can result in the following punishments:

• For a first offense, a prison sentence of up to 8.75 years, with a minimum of 2 years and a presumptive sentence of 3.5 years, probation is available in some cases.
• For a second offense, a prison term is mandatory (probation is not eligible) and increases the range to 3.25 to 16.25 years with a presumptive term of 6.5 years in prison.
• For a third offense, the prison sentence goes up to a range of 7.5 to 25 years with a presumptive term of 11.25 years in prison.
• The prison sentences above are for theft of a vehicle only. They do not take into account aggravating factors, like carjacking, which is a separate offense.
• In addition to a prison sentence, a felony conviction can also result in the imposition of a criminal fine of up to $150,000, plus surcharges that can increase the total financial penalties up to more than $250,000.

Defenses to a Theft of Means of Transportation Charge

Some defenses exist if you are facing a charge of grand theft auto in Arizona. Depending on the facts of your case, here are some possibilities that an experienced criminal defense attorney might raise on your behalf.

• You lacked the necessary mental state of intent to permanently deprive another person of possession or knowledge that you were doing so. This can be based on a mistake of fact about whether the vehicle was stolen. In such a case, you may be able to negotiate to a lesser charge of unlawful use of means of transportation.
• Withdraw consent without your knowledge. Sometimes, in situations involving roommates or significant others, you might have the consent of another person to drive that person’s vehicle, but if you get into a fight with that individual, he or she might withdraw that consent in anger and then falsely report the vehicle as stolen.
• Miranda rights violations. The police must follow proper procedures when arresting you for being in possession of a stolen vehicle. If they fail to inform you of your legal rights under the U.S. and Arizona constitutions or violate those rights while you are in police custody, these are defenses to any criminal prosecution. Examples are coerced statements, not informing you of your right to remain silent or to have an attorney with you during questioning while in custody, or improperly questioning you after you have exercised your right to remain silent and/or your request to speak with an attorney.
• Other police errors. The police can make errors in police reports, or make mistakes in identifying you as a suspect. These can lead to reasonable doubt in the minds of a jury, which can result in your acquittal of the grand theft auto charge.
• Improper reporting to lawful authority. ARS 13-1814 requires anyone whose means of transportation has been stolen to sign an affidavit provided by the law enforcement officer who took the complaint or have a signed and notarized affidavit if the complaint is not taken in person by an officer. In the latter case, within seven days, the affidavit must be returned in person or by mail to the appropriate law enforcement agency that took the complaint. If this affidavit is not received by law enforcement within 30 days after the initial report the police must remove the vehicle information from the National Crime Information Center and the Arizona criminal justice system. False affidavits may result in criminal charges against the person filing the false statement.
• Necessity and/or Justification. In a few situations, an emergency may make it necessary to take control over someone else’s car without that person’s consent. For example, you were trying to get a seriously injured person to a hospital and did not have time to request the vehicle owner’s consent. This is sometimes known as a “guilty but justified” defense.

Contact a Phoenix Auto Theft Attorney Today

If you are charged with theft of means of transportation or any other kind of car theft, you need an experienced, aggressive, and effective Phoenix auto theft lawyer.

The AZ Defenders team of attorneys has over 150 years of combined experience as well as a Criminal Law Specialist certified by the State Bar of Arizona.

Call AZ Defenders at (480) 456-6400 or contact us online to speak with an attorney about your case.