If you’re facing a charge for operating a vehicle without owner’s consent, our criminal defense law firm may be able to assist you. Criminal lawyers Matthew R. Meyer and Benjamin T. Van Severen have defended operating a vehicle without owner’s consent cases successfully in the past. No matter how serious your case is, having our defense lawyers on your side will make things easier. Contact Meyer Van Severen, S.C. to discuss your criminal case and how you’d like to win it.
Section 943.23 of the Wisconsin Statutes defines operating a vehicle without owners consent. The crime, along with penalty levels, are listed in Sections 943.23(1g) – 943.23(5).
Operating vehicle without owner’s consent is a Class C felony if the defendant possess a dangerous weapon, and while using or threatening to use that weapon, the defendant intentionally took a vehicle without consent of the owner. Wis. Stat. sec. 943.23(1g).
Operating vehicle without owner’s consent is a Class H felony if the defendant intentionally takes and drives a vehicle without the consent of the owner. Wis. Stat. sec. 943.23(2).
This crime is a Class I felony if the defendant intentionally drives a vehicle without the consent of the owner. Wis. Stat. sec. 943.23(3). The difference between this section and the previous one deals with “taking.” This section does not include the defendant taking the vehicle, but simply driving it.
It’s a Class A misdemeanor when the defendant accompanies as a passenger of the vehicle, another defendant who drivers or operates a vehicle without the owner’s consent.
Finally, operating vehicle without owner’s consent can be a Class I felony when the defendant intentionally removes a major part of a vehicle without consent of the owner. It’s a Class A misdemeanor when the defendant intentionally removes any other part or component of a vehicle without consent of the owner.
Both Sections 943.23(2) and (3) can be reduced to a Class A misdemeanor, if the defendant abandons the vehicle, in an undamaged condition, within 24 hours of the taking of the vehicle.
At your initial consultation your criminal defense attorney is likely to talk about the “elements” of the offense. Elements are parts of an offense that must be proven beyond a reasonable doubt at trial. They’re the ingredients in the recipe. If one of the ingredients is missing, a jury must find the defendant “not guilty.” Operating a vehicle without owner’s consent has two elements:
A few definitions are important in understanding this crime.
Importantly, a person may drive/operate a vehicle without the owner’s consent even though the owner consented to the original taking. Broken down, this is the kind of situation where an individual borrows another’s car. If I keep that car longer than you agreed to, I’m committing a crime. Your Milwaukee criminal defense attorneys Matt Meyer and Ben Van Severen will discuss the criminal elements of the offense at your initial consultation.
Each criminal case is different, and each criminal case requires a different defense. At the initial consultation with your criminal defense lawyer, we’ll discuss possible defenses to your case. Sometimes we’ll have motions to file. Other times we’ll be looking to take your case to jury trial. Finally, sometimes cases resolve via plea negotiations.
But operating without owners consent has a special defense, called an affirmative defense. An affirmative defense says “I did it” but there’s a legal reason for doing it. Affirmative defenses either reduce the penalty or cause the defendant to be found “not guilty.” In this case, the affiramtive defense reduces the penalty to a Class A misdemeanor.
The question is, did “the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner?” Abandon means that the defendant must have freely, voluntarily, and permanently given up possession of the vehicle. The giving up of possession is not free and voluntary if it was done because of fear of immediate capture by police. Additionally, a person who sold or gives the vehicle to another person has not abandoned it within the meaning of the statute.
Our criminal defense lawyers have defended criminal offenses for operating vehicle without owner’s consent. Those lawyers would like to talk with you about your case. Contact Meyer Van Severen, S.C. at (414) 270-0202.