Massachusetts G.L. c. 90, § 24(2)(a): Use of a Motor Vehicle Without Authority
If your charging documents reference use of a motor vehicle without authority, you are facing charges that can range from a misdemeanor to a felony depending on your record. Understanding what the prosecution must prove is the first step toward protecting yourself.
Understanding what constitutes a "dangerous weapon" under Massachusetts law is critical to understanding these charges and potential defenses.
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Understanding Your Charges and Your Options
Being accused of assaultBeing charged with using a motor vehicle without authority is stressful, especially since this charge often arises from family disputes or misunderstandings about permission rather than anything resembling theft. We understand these situations are often far more complicated than they appear. For over 30 years, we have helped people facing motor vehicle charges understand their options and work toward the best possible outcome.
Call (978) 969-2890 for a free consultation.
Call (978) 969-2890 for a free consultation.
What Does G.L. c. 90, § 24(2)(a) Prohibit?
Massachusetts G.L. c. 90, § 24(2)(a) makes it a motor vehicle offense to use a motor vehicle without authority, knowing that such use is unauthorized. This charge does not require an intent to permanently deprive the owner of the vehicle. It applies to any unauthorized use, even brief or temporary.
This charge frequently arises when a young person takes a parent's or relative's car without permission, or when someone continues to use a rental vehicle beyond what the rental agreement authorizes.
The penalty for this charge escalates significantly based on your prior record. A first offense is treated very differently from a second offense, and a third or subsequent offense within a five-year window is treated as a serious felony.
This charge is distinct from larceny of a motor vehicle, which requires an intent to permanently deprive the owner of the vehicle. Use without authority requires only that you knew you lacked permission for the specific use, regardless of whether you intended to keep the vehicle.
What the Prosecution Must Prove
To convict you of this offense, the Commonwealth must prove each of the following beyond a reasonable doubt:
You Used a Motor Vehicle : You used or operated a motor vehicle.
Without Permission : At the time of this use, you did not have permission from the owner or another person legally authorized to grant it.
Knowledge : At the time of the use, you knew that you did not have permission to use the vehicle.
The Commonwealth must prove ALL of these elements, especially that you actually knew you lacked permission. A genuine, reasonable belief that you had permission can be a complete defense.
You Used a Motor Vehicle : You used or operated a motor vehicle.
Without Permission : At the time of this use, you did not have permission from the owner or another person legally authorized to grant it.
Knowledge : At the time of the use, you knew that you did not have permission to use the vehicle.
The Commonwealth must prove ALL of these elements, especially that you actually knew you lacked permission. A genuine, reasonable belief that you had permission can be a complete defense.
Penalties Under Massachusetts Law
This offense carries three separate penalty tiers, and the penalty increases substantially with each subsequent conviction.
First Offense
● 30 days to 2 years in a house of correction, OR
● A fine of $50 to $500, OR both
● A first offense is a misdemeanor
● Both fine and imprisonment possible
● A fine of $50 to $500, OR both
● A first offense is a misdemeanor
● Both fine and imprisonment possible
Second Offense
● Up to 5 years in state prison, OR
● 30 days to 2.5 years in a house of correction, or a fine of up to $1,000, or both
● The state prison option makes a second offense a felony
● 30 days to 2.5 years in a house of correction, or a fine of up to $1,000, or both
● The state prison option makes a second offense a felony
Third or Subsequent Offense
● $200 to $1,000 fine and 6 months to 2.5 years in a house of correction, or 2.5 to 5 years in state prison, or both fine and imprisonment
● This tier applies specifically to a third or subsequent offense committed within five years of the earliest of your two most recent prior offenses
● This tier applies specifically to a third or subsequent offense committed within five years of the earliest of your two most recent prior offenses
Collateral Consequences
● A criminal record affecting employment
● License suspension or revocation
● Immigration consequences for non-citizens
● Potential loss of the right to possess firearms, particularly for the felony-eligible tiers
● Professional license implications
● Difficulty obtaining housing
● Responsibility for towing and storage charges to the owner if the vehicle is recovered
● License suspension or revocation
● Immigration consequences for non-citizens
● Potential loss of the right to possess firearms, particularly for the felony-eligible tiers
● Professional license implications
● Difficulty obtaining housing
● Responsibility for towing and storage charges to the owner if the vehicle is recovered
Related Criminal Charges
● G.L. c. 266, § 30: Larceny of a Motor Vehicle : A more serious charge requiring proof of intent to permanently deprive the owner of the vehicle
● G.L. c. 90, § 24(2)(a): Operating to Endanger : Sometimes charged alongside this offense depending on how the vehicle was operated
● G.L. c. 90, § 23: Operating After Suspension : A separate charge if your own license was suspended at the time
● G.L. c. 90, § 24: Operating Under the Influence : Often charged alongside this offense if alcohol or drugs were also involved
● G.L. c. 266, § 60: Receiving Stolen Property, which may apply if you allegedly knew the vehicle was stolen rather than merely used without authority
Related Practice Area: Our Motor Vehicle Practice Area Overview
● G.L. c. 90, § 24(2)(a): Operating to Endanger : Sometimes charged alongside this offense depending on how the vehicle was operated
● G.L. c. 90, § 23: Operating After Suspension : A separate charge if your own license was suspended at the time
● G.L. c. 90, § 24: Operating Under the Influence : Often charged alongside this offense if alcohol or drugs were also involved
● G.L. c. 266, § 60: Receiving Stolen Property, which may apply if you allegedly knew the vehicle was stolen rather than merely used without authority
Related Practice Area: Our Motor Vehicle Practice Area Overview
Defending Against Use Without Authority Charges
These charges often present genuine defense opportunities, especially given how often they arise from family situations or misunderstandings rather than anything resembling theft. A reasonable, good-faith belief that you had permission can be a complete defense.
A key defense involves challenging whether you actually knew your use was unauthorized. Prior patterns of use, family relationships, or ambiguous permission from the owner can all support this defense.
If you are facing a second or third-offense charge, we also carefully examine whether your prior convictions actually qualify as predicate offenses under this statute, and whether the timing requirements for the enhanced tiers are actually met.
For a first offense, diversion programs or favorable plea resolutions may be available depending on the circumstances and your record.
A key defense involves challenging whether you actually knew your use was unauthorized. Prior patterns of use, family relationships, or ambiguous permission from the owner can all support this defense.
If you are facing a second or third-offense charge, we also carefully examine whether your prior convictions actually qualify as predicate offenses under this statute, and whether the timing requirements for the enhanced tiers are actually met.
For a first offense, diversion programs or favorable plea resolutions may be available depending on the circumstances and your record.
What To Do Right Now
If you have been charged under G.L. c. 90, § 24(2)(a), taking the right steps now can make a significant difference in your case.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
● Do not talk to police without a lawyer present
● Do not discuss your case with anyone except your attorney
● Do not post anything about your case on social media
● Preserve any evidence that might help your defense
● Write down everything you remember while it is fresh
Contact an experienced Massachusetts criminal defense attorney immediately.
Call (978) 969-2890. We answer 24/7.
We're Here To Help
This charge can escalate significantly based on your prior record. Experienced legal representation is essential, particularly if this is not your first offense.
For over 30 years, we have defended motor vehicle charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
For over 30 years, we have defended motor vehicle charges throughout Massachusetts. A free consultation gives you the opportunity to understand your charges and options. Go here if you want to know why working with us is the right choice.
Call 978-969-2890 for a free consultation. Serving Essex County, Middlesex County, and Suffolk County.
H. Ernest Stone, Attorney PC
900 Cummings Center, Suite 321-U
Beverly, MA 01915
Phones answered 24/7 by a real person.
We'll Get You Through the Storm
Contact our team today for a free consultation. We are available 24/7.
