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Is Stealing a Car a Felony in Arizona? (13-1814)

Is Stealing a Car a Felony in Arizona? (13-1814)

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

A plain-English guide to Arizona theft of means of transportation under ARS 13-1814, why it is a class 3 felony, and the defenses.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Featured Answer

What Does ARS 13-1814 Actually Cover?

Theft of means of transportation under ARS 13-1814 is a class 3 felony in Arizona. It applies when someone knowingly controls another person’s vehicle intending to permanently deprive the owner, converts it beyond an authorized use, or takes a vehicle knowing it is stolen. A first offense carries 2 to 8.75 years.

Michael Tamou Answered by Michael Tamou, Founding Attorney, Tamou Law Group

People are genuinely shocked when they see the charge on their booking paperwork. What felt like borrowing a car, keeping a rental too long, or getting a ride in the wrong vehicle is written up as a class 3 felony — the same felony class Arizona uses for aggravated assault with a deadly weapon. Theft of means of transportation is one of the harshest property statutes on the books, and Maricopa County prosecutors charge it aggressively.

This article goes past the basics you will find on our Arizona vehicle theft overview and focuses on the specific statute: exactly what ARS 13-1814 criminalizes, the five distinct ways the state can charge it, why it is a class 3 felony, how it differs from joyriding under ARS 13-1803 and from general Arizona theft crimes under ARS 13-1802, and the defenses that actually move these cases.

ARS 13-1814 makes it a crime to take, control, or keep another person’s “means of transportation” without lawful authority in any of five specific ways. The phrase “means of transportation” is broad: it reaches passenger cars, trucks, motorcycles, and other vehicles used to move people or property, not just what most people picture as a “stolen car.”

Two words carry the whole statute. The first is knowingly — the state must prove you were aware of what you were doing, not that you made an innocent mistake. The second, for two of the five theories, is the intent to permanently deprive the owner of the vehicle. That intent is what separates this class 3 felony from the far less serious joyriding statute, and it is almost always the hardest element for prosecutors to prove.

The Five Ways to Commit Theft of Means of Transportation

ARS 13-1814(A) lists five separate paths to the same class 3 felony. A person commits theft of means of transportation if, without lawful authority, they knowingly do any one of the following:

  • Control a vehicle intending to permanently deprive the owner. This is the classic case — taking a car meaning to keep it or never return it.
  • Convert a vehicle for an unauthorized term or use. This covers a vehicle entrusted to you for a limited purpose — a borrowed car, a rental, a test drive — that you then use or keep beyond what was authorized.
  • Obtain a vehicle by material misrepresentation with intent to permanently deprive. Getting the vehicle through a lie, such as a fraudulent purchase or a bad-faith rental, falls here.
  • Appropriate a lost or misdelivered vehicle without trying to notify the owner. Coming into control of a vehicle under circumstances that give you a way to find the true owner, and keeping it anyway.
  • Control a vehicle knowing or having reason to know it is stolen. You do not have to be the original thief. Driving or possessing a car you had reason to know was stolen is enough.

That last path matters enormously in real cases. Passengers, buyers of suspiciously cheap vehicles, and people who let a friend leave a car at their house all get swept in under the “reason to know” language. The state does not have to prove you took the car — only that you controlled it while a reasonable person would have suspected it was stolen.

Why Is Theft of Means of Transportation a Class 3 Felony?

Subsection D of the statute sets the classification: theft of means of transportation is a class 3 felony, full stop. Arizona pulled vehicle theft out of the general theft statute and gave it its own harsher classification because the legislature treats vehicles as uniquely valuable and easy to move across state lines. The result is that a car worth $800 produces the same felony class as one worth $80,000.

To put that in perspective, a class 3 felony sits above the class 4 felony used for basic robbery. So under Arizona’s scheme, quietly driving off in someone’s unlocked car can be charged more seriously than forcibly taking a wallet from their hand. For the broader picture of what a class 3 felony in Arizona means for sentencing and rights, that class carries lifelong consequences well beyond the initial prison range.

Theft of Means of Transportation vs. Joyriding (ARS 13-1803)

The single dividing line is intent to permanently deprive. ARS 13-1803, unlawful use of means of transportation — what most people call “joyriding” — covers taking unauthorized control of a vehicle without intent to permanently deprive the owner. Same act of taking a car; entirely different mental state, and a dramatically lower charge. We cover that charge in full on our unlawful use of means of transportation lawyer page.

Under ARS 13-1803, knowingly taking unauthorized control of another person’s vehicle is a class 5 felony, and merely being transported in a vehicle you know is unlawfully possessed is a class 6 felony. Compare that to the class 3 felony under ARS 13-1814 and the stakes of the intent question become obvious: prove the driver only meant to use the car temporarily and the exposure can drop by years. This is exactly why so much of the defense work in these cases is a fight over intent, and why a charge that starts as theft of means of transportation can often be negotiated down to unlawful use.

⚠� Warning: Do not explain to police that you “were just borrowing it” or “planned to bring it back.” People say this to sound less guilty, but every word you give about how and why you had the vehicle is used to prove the knowing-control and intent elements the state would otherwise struggle to prove.

How Does ARS 13-1814 Differ From General Theft (ARS 13-1802)?

The structure is nearly identical, but the consequences are not. ARS 13-1802, Arizona’s general theft statute, uses the same five basic theories — controlling property with intent to deprive, converting entrusted property, obtaining it by misrepresentation, keeping misdelivered property, and controlling property known to be stolen. Theft of means of transportation simply lifts that framework and applies it to vehicles.

The critical difference is classification. Under general theft, the offense level rises and falls with the dollar value of the property, so a low-value theft can be a class 1 misdemeanor. There is no such sliding scale for vehicles. ARS 13-1814 is a flat class 3 felony no matter what the vehicle is worth. That is the trap: the same conduct that would be a misdemeanor for a $500 laptop is an automatic class 3 felony for a $500 car. These charges frequently appear alongside other Arizona property crimes such as burglary or possession of stolen property, which compounds the exposure.

What Are the Penalties Under ARS 13-1814?

Because theft of means of transportation is a class 3 felony, a first-offense conviction is sentenced under the first-time felony ranges in ARS 13-702. The presumptive prison term is 3.5 years, and the sentence can range from a mitigated 2 years up to an aggravated 8.75 years depending on the circumstances. Probation is possible where the case is not charged as dangerous or as a repetitive offense, but the felony conviction itself is permanent.

Penalties and Sentencing

A.R.S. 13-1814 · 13-1803 · first felony offense ranges under 13-702

Theft of means of transportationA.R.S. 13-1814
Classification:Class 3 Felony
Prison:2 to 8.75 years (presumptive 3.5)
Probation:Possible if not charged as dangerous or repetitive
Unlawful use / joyriding — driverA.R.S. 13-1803(A)(1), no intent to permanently deprive
Classification:Class 5 Felony
Prison:0.5 to 2.5 years (presumptive 1.5)
Probation:Commonly available
Unlawful use / joyriding — passengerA.R.S. 13-1803(A)(2), transported in the vehicle
Classification:Class 6 Felony
Prison:0.33 to 2 years (presumptive 1)
Probation:Commonly available

Beyond the prison range, a theft of means of transportation conviction typically carries:

  • A permanent felony record that appears on every background check
  • Loss of civil rights, including firearm rights
  • Restitution to the vehicle’s owner for its value and any damage
  • Immigration consequences for non-citizens, as a theft offense
  • A historical prior felony that multiplies exposure on any future charge
Ranges shown are for a first felony offense with no prior convictions. Prior felonies, dangerous or repetitive-offense allegations, and aggravating factors under A.R.S. 13-701 can raise these numbers substantially.

What Are the Defenses to a Theft of Means of Transportation Charge?

These charges are more defensible than the class 3 label suggests, because the state has to prove a specific mental state it usually cannot capture on video. Defenses that defense attorneys commonly raise in Arizona courts include:

  • Permission or consent. The statute requires acting “without lawful authority.” If the owner let you use the vehicle — a partner, family member, friend, or employer — a core element is missing. Texts, prior use of the car, and the relationship between the parties are often decisive.
  • No intent to permanently deprive. If you meant to return the vehicle, the facts point to joyriding under ARS 13-1803, not a class 3 felony. Establishing temporary use can cut years off the exposure.
  • Good-faith belief of ownership or right to possess. A genuine, honest belief that the vehicle was yours or that you were entitled to use it — a disputed co-owned car, a vehicle you were buying — defeats the knowing and unlawful elements.
  • No knowledge the vehicle was stolen. For the “reason to know” theory, the state must show a reasonable person would have suspected the car was stolen. If nothing put you on notice, the element fails.
  • Mistaken identity. Vehicle cases often turn on who was actually driving or in control, built on brief observations, grainy footage, or an assumption based on registration. Identity is frequently attackable.
  • Constitutional violations. Suppressing an unlawful stop, a warrantless search of the vehicle, or an un-Mirandized statement can gut the state’s proof of knowing control and intent.
Key takeaway: Intent is the state’s whole case and its biggest weakness. If prosecutors cannot prove you knowingly controlled the vehicle intending to permanently deprive the owner, an ARS 13-1814 charge can collapse into the far less serious joyriding statute — or fall apart entirely.

How Tamou Law Group Defends These Cases

Theft of means of transportation cases move fast in Maricopa County: an initial appearance within about 24 hours, release conditions set on a class 3 felony, and a plea offer that often arrives before the defense has reviewed the evidence. Our first moves are locking down the communications that show permission or intent to return, obtaining the vehicle’s title and transaction history, and challenging release conditions so you are not negotiating from custody.

From there the case is fought on the elements: whether you knowingly controlled the vehicle, whether the state can actually prove intent to permanently deprive, and whether the facts fit joyriding instead. Our team of former prosecutors, law enforcement officers, and public defenders handles vehicle cases alongside the full range of Arizona theft charges, and you can review our case results to see how these matters are approached. Call 623-321-4699 to talk through the specific facts of your situation.

Keep Reading

Related Arizona Theft & Property Crime Guides

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Why Tamou Law Group

Why Tamou Law Group for Theft and Property Crime Charges

Theft, burglary, trespass and criminal damage cases turn on intent and permission, and both are usually proved with inferences rather than facts. We supply the facts: the lending history, the messages, the store video and the timeline.

Diversion where most firms plead

Our published results include diversion on an unlawful use of means of transportation case, a second-degree burglary case and a shoplifting case, burglary-tools and stolen-property charges reduced to misdemeanors, and a criminal damage case dismissed.

Former prosecutors on intent

Attorneys on our team have charged theft and property cases for the State. They know how a charging prosecutor evaluates intent and value, and what a defense submission has to contain to change the charge before it is filed.

Felony to misdemeanor

Most theft and property charges have a misdemeanor or an undesignated class 6 version. We build the case toward that outcome from the first appearance, because the designation, not the sentence, is what follows you.

Published results in this area

CaseChargesOutcome
State v. T.J.Unlawful use of means of transportation and theft (A.R.S. 13-1803, 13-1802)Diversion
State v. J.H.Second-degree burglary, criminal damage and theft (13-1507, 13-1602, 13-1802)Diversion
State v. S.Q.Shoplifting and criminal trespass (13-1805, 13-1502)Diversion
State v. H.S.Third-degree burglary and possession of burglary tools (13-1506, 13-1505)Reduced to a misdemeanor
State v. V.D.Trafficking in stolen property, theft and forgery (13-2307, 13-1802, 13-2002)Reduced to a misdemeanor
State v. C.T.Criminal damage and disorderly conduct (13-1602, 13-2904)Case dismissed
State v. A.B.Criminal trespass and disorderly conduct (13-1502, 13-2904)Deferred prosecution

Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.

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Common Questions

Frequently Asked Questions

Is theft of means of transportation a felony in Arizona?

Yes. Under ARS 13-1814 it is a class 3 felony, with no misdemeanor version. That is a serious classification — more severe than many assault charges and one step above the class 4 felony robbery. The value of the vehicle does not lower the class; every conviction is a class 3 felony.

What is the difference between theft of means of transportation and joyriding?

Intent to permanently deprive. Theft of means of transportation under ARS 13-1814 requires that intent and is a class 3 felony. Joyriding, or unlawful use of means of transportation under ARS 13-1803, is taking a vehicle without that intent — a class 5 felony for the driver and a class 6 felony for a passenger.

How much prison time does ARS 13-1814 carry?

For a first offense with no prior felonies, a class 3 felony carries 2 to 8.75 years in prison under ARS 13-702, with a presumptive term of 3.5 years. Probation is possible when the case is not charged as dangerous or repetitive, but the exposure is real prison time from the start.

Can I be charged with theft of means of transportation if I did not steal the car myself?

Yes. ARS 13-1814(A)(5) makes it a crime to control a vehicle knowing, or having reason to know, that it is stolen. You do not have to be the person who originally took it. Driving or possessing a car you had reason to suspect was stolen can support a class 3 felony charge.

Does theft of means of transportation only apply to cars?

No. The statute covers a “means of transportation,” which reaches beyond passenger cars to trucks, motorcycles, and other vehicles used to move people or property. What matters legally is not the type of vehicle but whether the state can prove you knowingly controlled it without lawful authority.

What if I borrowed the vehicle and just kept it too long?

That is a common scenario. ARS 13-1814(A)(2) covers converting a vehicle “for an unauthorized term or use” after it was entrusted to you. But if there was genuine permission and no intent to permanently deprive, the facts may point to joyriding or a civil dispute rather than a class 3 felony. Documentation and communications matter.

Is consent a defense to theft of means of transportation?

Yes, it can be a complete defense. The statute requires that you act “without lawful authority.” If the owner gave you permission to use the vehicle, an essential element is missing. Text messages, prior use of the car, and the relationship between the parties are often decisive on the consent question.

How is ARS 13-1814 different from general theft under ARS 13-1802?

General theft under ARS 13-1802 classifies the offense by the property’s dollar value, so a low-value theft can be a misdemeanor. ARS 13-1814 is a stand-alone statute for vehicles that is always a class 3 felony regardless of the car’s worth, which is why an old, low-value vehicle still produces a felony charge.

Can theft of means of transportation be reduced to a lesser charge?

Often, yes. When the evidence of intent to permanently deprive is weak, defense counsel can push to reduce the charge to unlawful use of means of transportation (joyriding) under ARS 13-1803, which is a class 5 or class 6 felony. That change lowers the sentencing exposure substantially and can open probation options.

What should I do first after a theft of means of transportation arrest?

Do not talk to police about how you came to have the vehicle — statements about permission, borrowing, or knowledge are exactly what the state needs to prove intent. Contact a defense lawyer before your initial appearance in Maricopa County, because release conditions are set within about 24 hours.

Does theft of means of transportation count as a prior felony later?

Yes. A class 3 felony conviction becomes a historical prior that dramatically increases sentencing exposure on any future felony. It also creates a permanent record that appears on background checks, affects firearm rights, and can carry immigration consequences for non-citizens as a theft offense.

Is intent something the prosecutor has to prove?

Yes, and it is usually the weakest part of the state’s case. The prosecutor must prove beyond a reasonable doubt that you acted knowingly and, for two of the five theories, with intent to permanently deprive the owner. Intent is rarely captured on video, so it is often inferred from circumstances that a defense attorney can challenge.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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