Car Theft Archives - Gamino Law Offices, LLC

Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin

Operating a motor vehicle without the owner’s consent in Wisconsin is a type of motor vehicle theft, and if you’re convicted, you could end up spending time in prison. In some cases, operating without the owner’s consent is considered carjacking, an even more serious crime.

Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin

Wisconsin law is very clear when it comes to car theft offenses. It says, “Whoever intentionally takes and drives, or operates any vehicle without the consent of the owner; and whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person who takes, drives or operates any motor vehicle without the consent of theowner.”

The court can find you guilty if the prosecutor in your case can prove that you:

Intentionally took a vehicle without the owner’s permission
Drove or operated that vehicle without the owner’s consent
Knew that the owner didn’t give you his or her permission to take and drive the vehicle

Carjacking is another matter – it occurs when you take a vehicle without the owner’s permission and you had a dangerous weapon (or you used or threatened to use force or a dangerous weapon).

Classes of Felonies Involved in Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin

Operating a motor vehicle without the owner’s consent can be classified in one of three ways:

If you took and drove the vehicle without the owner’s consent, you’re looking at a Class H felony. You could go to prison for 3 years and spend up to 3 years on extended supervision, and the court could fine you up to $10,000.
If you drove or operated a vehicle without the owner’s consent, it’s a Class I felony. You could go to prison for 18 months and spend 2 years on extended supervision. You may also have to pay fines up to $10,000.
If you carjacked someone, you could be convicted of a Class C felony. You could face up to 25 years in prison with an additional 15 years of extended supervision, plus fines of up to $100,000.

Do You Need Legal Advice After Being Accused of Operating a Motor Vehicle Without the Owner’s Consent in Wisconsin?

You’re entitled to legal counsel when you’re accused of a crime, and we may be able to help you. Call us at 414-383-6700 to get the help you need.

Carlos Gamino

By Tedia Gamino|2021-07-17T13:05:11-05:00January 26th, 2020|Criminal Law|Comments Off

Will You Get in Trouble if You’re the Passenger in a Stolen Vehicle?

Passenger in a Stolen Vehicle Lawyer in Milwaukee and Wisconsin - Wisconsin Criminal Defense Attorneys

By Carlos Gamino

If you’re the passenger in a stolen vehicle, you can get into serious trouble under Wisconsin law.

However, in order for you to be charged with a crime, a couple of things must happen.

Will You Get in Trouble if You’re a Passenger in a Stolen Vehicle?

In order for the state to convict you of a crime, you have to know that the car you were in was stolen and you must have gotten into it willingly.

Remember, the prosecution has to prove that you’re guilty; you and your lawyer don’t have to prove that you’re innocent.

With that said, though, if the prosecutor finds any reason to believe that you knew the vehicle was stolen and that you got in it willingly, he or she is going to press that as an advantage in court.

What Should You Do if You’re Accused of Being a Passenger in a Stolen Car?

For most people, it makes sense to get in touch with a Wisconsin criminal defense attorney immediately.

Your lawyer will ask you some questions, including what led up to you being in the stolen car, whether you actually knew it was stolen (or why you didn’t know it was stolen), and whether you found out it was stolen while you were in it.

It’s important that you answer your lawyer honestly, because if something comes up in court that your lawyer doesn’t know about, it’s tougher for him or her to defend. Your attorney is going to put together a strategy that gets you the best possible outcome in court, and that includes planning for the allegations the prosecutor makes against you.

Do You Need to Talk to a Wisconsin Criminal Defense Lawyer?

If you’ve been charged with the crime of riding along in a stolen car, call us at 414-383-6700 for your free criminal defense consultation. We answer our phones 24 hours a day, 7 days a week.

Carlos Gamino

By Tedia Gamino|2021-07-25T14:27:04-05:00November 24th, 2019|Criminal Law|Comments Off

Consequences of Car Theft in Milwaukee

By Carlos Gamino

If you’re facing charges of car theft, you could be facing serious consequences—and it’s probably a good idea to get in touch with a motor vehicle theft crime lawyer in Milwaukee who can help you understand what you’re up against.

Car Theft in Wisconsin

Car theft and carjacking fall under Wisconsin Statute 943.23, which covers operating a vehicle without the owner’s consent.

In order for a court to convict you, the prosecution needs to prove that you:

Intentionally took a vehicle without the owner’s consent
Intentionally drove a vehicle without the owner’s consent
Knew the owner did not consent to you taking or driving the motor vehicle

Carjacking in Wisconsin

In order for a court to convict you of carjacking in Wisconsin, the prosecution needs to prove that you:

Intentionally took a vehicle without the owner’s consent
Knew that the owner didn’t consent
Took the vehicle while you possessed a dangerous weapon
Took the vehicle by the use or the threat of the use of force, or with a dangerous weapon

Other Charges Related to Car Theft in Wisconsin

The state can also charge you with being a passenger in a stolen vehicle if you intentionally went with a person who intentionally drove or operated a motor vehicle without the owner’s consent—and if you knew that the owner didn’t consent.

What Happens if You’re Convicted of Car Theft in Milwaukee?

If you’re convicted of car theft in Milwaukee, the penalties vary based on the precise charge.

Auto theft by taking and driving is a Class H felony. You could be imprisoned for up to 6 years (with 3 years of initial confinement in prison) and a maximum fine of $10,000.

Car theft by driving or operating without the owner’s consent is a Class I felony. You could be imprisoned for up to 3 years, 6 months (with a maximum of 1 year, 6 months of initial confinement and a maximum of 2 years of extended supervision) and fined up to $10,000.

If you had a weapon while committing the offense, it becomes a Class C felony. If you’re a passenger in a stolen vehicle, you could be hit with a Class A misdemeanor.

What to Do if You’re Charged With an Auto Theft Crime

If you’re accused of car theft or any other automobile theft crime in Milwaukee, get in touch with an attorney right away. Your attorney will ensure that you get the best possible outcome in your case.

Call us at 414-383-6700 or get in touch with us online as soon as possible. We’ll be glad to evaluate your case and help you move forward on the right path.

Carlos Gamino

By Tedia Gamino|2021-07-27T20:04:43-05:00November 23rd, 2019|Criminal Law|Comments Off

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Car Theft

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