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What is Vehicle Theft of an Emergency Vehicle?
Vehicle theft of an emergency vehicle is the unlawful taking of an emergency motor
vehicle while the vehicle is being used on an emergency call without the consent
of the owner. The taking can be for any duration. The thief must simply intend to
deprive the owner of possession of the vehicle for some period of time.
"Emergency vehicle" includes ambulances, marked police cars, marked fire
trucks, and vehicles modified for use by disable persons while displaying a disabled
placard or license plate.
What are the necessary elements to be found guilty of Vehicle Theft of an Emergency Vehicle?
To prove the defendant committed
Vehicle Theft of an Emergency Vehicle, the state must show that the defendant:
- The defendant took someone else's vehicle without permission;
- The defendant intended to deprive the owner of possession for any amount of time;
- The vehicle was an ambulance, a distinctively marked law enforcement vehicle, a
distinctively marked fire department vehicle, or a vehicle modified for a disabled
perons while displaying a permit;
- The vehicle was on an emergency call when it was taken; and
- The defendant knew the vehicle was on an emergency call.
What is the sentence / punishment for Vehicle Theft of an Emergency Vehicle?
Vehicle theft of an emergency vehicle is a
felony. It is punished by two years, three
years, or four years in state prison and/or a $10,000 fine.
What are possible defenses to charges of Vehicle Theft of an Emergency Vehicle?
To prove someone committed a crime, the state (through its prosecutors) must prove
beyond a reasonable doubt that the defendant committed each element of the crime.
Therefore, defenses to any crime start with negating one or more of the elements
of the crime. Additionally, some crimes allow for "affirmative" defenses
which, if the defendant can prove the defense applies, will result in a verdict
of "not guilty" even if the prosecutor proves the defendant met each of
the elements of the crime.
For
Vehicle Theft of an Emergency Vehicle, convincing the jury that the prosecutor failed to prove beyond
a reasonable doubt that the defendant intended to deprive the owner of the car for
any amount of time, knew the vehicle was an emergency vehicle on a call, etc., would
be enough to get a not guilty verdict.
If the prosecutor can prove all the elements of
Vehicle Theft of an Emergency Vehicle, however, the defendant must prove that one or more justifications
for his actions existed (i.e., it is the defendant's burden to prove an affirmative
defense). For
Vehicle Theft of an Emergency Vehicle, some of these justifications include:
- Permission of the owner;
- Alibi;
- Duress / Threats;
- Necessity;
- Accident;
- Entrapment; and
- Statute of Limitations.
See also,
Robbery,
Carjacking,
Vehicle Theft
As with all information on this site, this information is provided for background
information only. It is not all inclusive and important information relevant to
your situation may not be on the website. If you have a legal issue, please do not
take any action (or inaction) based on information on this or any other site. Please
contact an attorney to discuss your case before making a decision on how to proceed.
You can reach an attorney at the
American Justice Center
by calling toll-free
1-877-432-5325.
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Contact Us:
980 9th Street,
16th Floor
Sacramento
California
95814
1-877-432-5325
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1-877-837-3609
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