Is it considered breaking and entering if someone gets into an unlocked car? They aren't, according to California burglary statutes. That does not, however, imply that it is completely permissible to do so. A person can be prosecuted with tampering with a vehicle if they enter an automobile through an unlocked door without the authorization of the owner.
Continue reading to discover more about this crime and what you should do if you are charged with it. Then call Law Office of Michael L. Fell for a free legal consultation at (949) 585-9055.
The California Vehicle Code forbids tampering with a vehicle, among other things.
Unless the owner's approval is obtained, it is illegal to willfully harm or tamper with a vehicle, its contents, or to break or remove any part of the vehicle, according to California Vehicle Code Section 10852. Tampering is also characterized as tampering with the vehicle's ownership. As a result, entering a car without the owner's permission is prohibited - even if the vehicle is not locked.
Tampering with a Vehicle: Possible Penalties
Tampering with a motor vehicle is a misdemeanor punishable by up to six months in county prison, $1,000 in penalties, or both. It can be a misdemeanor or a felony if it is prosecuted as part of a more severe crime, such as auto burglary (in which the vehicle was locked and a person entered the vehicle to conduct a theft or another offense).
It will be up to the prosecutor to decide how it will be prosecuted. If the case is filed as a felony, the maximum penalty is three years in state prison and up to $10,000 in penalties. If auto burglary is charged as a misdemeanor, the penalties are the same as for tampering with a vehicle: up to a year in county jail and $1,000 in fines.
Options for Defending Against Vehicle Tampering or Auto Burglary
The best defense strategy for your case depends on a variety of criteria, including the charge you're facing, your criminal history, and the circumstances of the case. We may argue that the situation was caused by a genuine blunder. We may try to prove that the vehicle was unlocked if the offense is auto burglary.
We might seek to demonstrate that there is insufficient evidence to proceed with a charge. We may be able to prove that there was no intent to steal or conduct another criminal. Contacting a competent attorney who can thoroughly evaluate the facts is the only way to know for sure what the best defense for your case would be. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055.