Use of a vehicle without permission in South Carolina – Most crimes fall under a few basic categories such as theft crimes, homicide crimes, drug crimes and a wide variety of others. In addition, there are several specific crimes that fall under these categories. In South Carolina, the theft of a car can fall under a few different crimes. Grand Larceny is a crime that is often charged when a vehicle is stolen, but this crime can also be charged as use of a vehicle without permission.
In this blog, we will talk about use of a vehicle without permission and what the state has to prove in order for a defendant to be found guilty of that crime. Like all of our blogs, this is intended for informational purposes only and not intended as a substitute for the advice and counsel of a criminal defense attorney.
What is use of a vehicle without permission?
This crime is covered under South Carolina Code of Laws Section 16-21-60, and that statute states:
- “It is unlawful for a person not entitled to possession of a vehicle to take, use, or drive a vehicle without the consent of the owner and with intent to deprive him, temporarily or otherwise, of the vehicle or it’s possession”
Punishment for use of a vehicle without permission
This crime by itself is classified as a misdemeanor and typically, upon conviction must be imprisoned not more than three years.
However, there is sub section of the statute regarding sentencing as follows:
“If the deprivation of the owner was for a temporary purpose only, unconnected with the commission of or intent to commit a crime other than the taking of the vehicle, the person is guilty of a misdemeanor and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year or both.”
*Keep in mind, when there are enough facts to allege this crime there are typically enough facts to allege several other crimes that all have their own sentencing requirements.
What should I do if I am charged with use of a vehicle without permission?
Whether felonies or misdemeanors, criminal charges are always serious and you should do your best to defend yourself against them. If you are accused of this crime don’t speak to anyone until you first speak to an attorney.
Often times the biggest problems in the cases that we handle for our clients are the past admissions that they have made.
If you have been charged with a crime in Rock Hill, South Carolina or the surrounding areas, contact us. At Gilles Law, we handle criminal defense in South Carolina and North Carolina.