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Auto Theft
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Auto Theft “Laws”
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Legal Definition
California auto theft law defines this offense as a serious crime: taking another person’s car by means of force or fear. “Force or fear” means that you actually use physical force against the alleged victim or threaten to inflict imminent physical harm.
It does not matter if the person in the car is a driver or a passenger, or if those people even own the car. If a person uses force or fear to take control of that car, they may be found guilty of the charges.
Sanctions or Penalties
California auto theft law is a felony, punishable by up to nine years in California State Prison, and more if the offender injures a victim, uses a firearm, commits the crime for a gang, or kidnaps a person during the auto theft.
Or depending on the case, the person may receive probation and up to one year in county jail.
Defenses
There are a variety of legal defenses that apply to auto theft, the most common of which include the facts that:
- If you are a victim of mistaken identity
- If you did not use “force or fear”
Consequences a conviction may lead to deportation if you are a legal immigrant or a foreign national.
You face this punishment for each victim who is present in the car at the time of the auto theft. But in addition to these penalties, there are a variety of additional allegations that apply to auto theft. These additional allegations do exactly that—enhance or increase the sentence under certain circumstances. In any of these cases, the attorneys at Progresso Legal Group P.C. will listen to your problem and provide a solution.
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