Unauthorized Use of a Motor Vehicle

Respected Boston Criminal Defense Attorney with Specific Experience Handling Motor Vehicle Offenses

You don’t have to steal a car to be charged with a crime in Massachusetts. If you take or operate someone else’s vehicle without clear permission—even if you intended to return it—you could be charged with unauthorized use of a motor vehicle. This offense falls under Massachusetts General Laws Chapter 90, Section 24(2)(a), and is often misunderstood. It’s a criminal charge that can lead to jail time, a permanent record, and serious consequences for your future. At the Law Office of Patrick J. Murphy, we understand how these cases happen and how to defend them. As a Boston criminal defense lawyer with over 27 years of experience, Attorney Murphy has helped countless clients fight back against unfair or exaggerated charges, including allegations of unauthorized use of a motor vehicle.

What Is Unauthorized Use?

Unauthorized use of a motor vehicle is sometimes called “joyriding,” but the law treats it as more than a harmless mistake. To be convicted, the prosecution must prove:

• You operated a motor vehicle
• You did not have the owner’s permission to use it
• You knew you did not have permission

This charge differs from car theft (larceny of a motor vehicle) in that it doesn’t require an intent to permanently deprive the owner of the car. But that doesn’t mean it’s treated lightly.

These cases often arise in situations like the following:

• Borrowing a car from a friend or family member without a clear “yes”
• Using a rental vehicle past the allowed period
• Taking a work vehicle for personal use
• Driving someone’s car after a dispute over ownership or control

Even if you thought you had permission—or assumed it was okay—the law may still treat it as unauthorized use if there’s no proof the owner agreed. And, once the police are involved, the owner doesn’t necessarily have the ability to call off the case—it’s up to the prosecution.

Penalties for Unauthorized Use in Massachusetts

Unauthorized use of an automobile is a misdemeanor, but it still carries significant consequences that can change your life. A conviction can result in:

• Up to 2½ years in the house of correction
• Fines of up to $1,000
• Probation with conditions such as community service or counseling
• Driver’s license suspension (particularly if you’re under 18)
• A permanent criminal record

For many people, the criminal record alone is the most damaging consequence, especially when applying for jobs or housing.

Common Defenses and Legal Strategies

These cases are often more complicated than they appear on the surface. While this can make them hard to handle on your own, it also opens the door to a number of possible defenses, including the following:

Consent or implied permission. If the vehicle’s owner gave you permission in the past, or if there was a pattern of informal use, it may be difficult for the prosecution to prove you knew you weren’t allowed to use it this time.

Lack of intent. If you believed in good faith that you had the right to use the vehicle—or didn’t realize you were violating any agreement—that can be a critical factor in your defense.

Miscommunication or misunderstanding. Many of these charges arise from disputes between friends, family members, or coworkers. The issue may come down to poor communication rather than criminal behavior.

Mistaken identity. If the police never witnessed you operating the car and are relying on secondhand accounts or partial descriptions, you may be able to challenge whether they’ve charged the right person.

Attorney Patrick J. Murphy thoroughly investigates each case, examines all communication between you and the owner, and works to resolve misunderstandings before they result in a criminal conviction.

Why These Charges Deserve Serious Attention

People often underestimate the seriousness of this charge because it doesn’t involve force, damage, or theft. But the criminal justice system takes unauthorized use seriously—especially when the other party feels wronged or embarrassed. If you don’t address the charge quickly, you could face arrest, license suspension, and a criminal record.

In many cases, Attorney Murphy is able to negotiate a dismissal or pretrial resolution—especially when you have no prior criminal history and there was no lasting harm to the vehicle. However, these options are typically only available early in the case, so it’s important to have an experienced Boston criminal defense lawyer as early in the process as possible.

Take the First Step Toward Clearing Your Name

If you’ve been charged with unauthorized use of a motor vehicle, you may be feeling anxious, frustrated, or confused about what to do next. That’s understandable. But you don’t have to deal with it alone. Attorney Patrick J. Murphy has helped clients in Boston and throughout the surrounding area navigate these charges with professionalism, discretion, and a strong defense. Call the Law Office of Patrick J. Murphy at (617) 367-0450 today to schedule a free and confidential consultation today.