Tuesday, June 30, 2009

Auto Theft Penalties and Defenses

To be convicted of Auto Theft the Prosecution must prove that you took or drove a vehicle, belonging to another, without the owner’s consent and had the intent to permanently deprive the owner of possession or ownership for any period of time. Auto Theft can be charged as either a misdemeanor or felony.

Potential Penalties for Auto Theft
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Auto Theft
• Failure to Give Miranda Warnings
• Illegal Traffic Stop
• Lack of Intent
• Consent by Owner
• No Taking or Driving of Vehicle
• Alibi
• Mistake of Fact

Criminal Defense * Former Prosecutor * Auto Theft * San Mateo County

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