Criminal Defense

For each crime committed there are a variety of defenses a defendant may use to prove his innocence, argue for the case to be dismissed or have his sentence reduced...

Grand Theft Auto: It’s Not a Game

Filed under: Criminal Law — Tags: , , — markj @ 7:00 am

Motor vehicle theft, which is also known as grand theft auto, is a common property crime in the United States.  According to the Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Program, in 2010 alone (the last year where complete data is available on property crime), over 725,000 incidents of motor vehicle theft occurred.

Motor vehicle theft is the act of taking or trying to take a motorized vehicle without the owner’s consent.  A motor vehicle can include but may not be limited to a car, truck, SUV, van, bus, or motorcycle.  Some states require a minimum value that the vehicle must exceed for the theft to be considered grand theft auto.  However, as this minimum value is typically less than $500, it is generally difficult to steal a motorized vehicle and not have in qualify as motor vehicle theft.

The manner in which the vehicle is taken does not particularly matter in determining if theft has occurred, so long as the end result is the unauthorized loss of use of the vehicle from the owner.  Even if you simply “borrow” the vehicle from the owner and return it to them after you are done, if you do so without the permission of the owner, you can be charged with motor vehicle theft.

Methods of motor vehicle theft can include:

Theft without access to the keys, where the thief breaks into the vehicle and starts the car by hotwiring it or simply tows the car away

Theft with access to the keys, where the thief is given the key by the owner—such as is the case with valet parking—but the thief does not return the car to the owner’s possession

Theft with access to the key when the vehicle is left unattended, such as when the owner leaves the vehicle running while briefly stepping into a convenience store

Theft through fraud by “purchasing” a vehicle using a fraudulent check or other monies that do not have the advertised value

Carjacking, where the thief forces the owner of the vehicle out of the vehicle in order to steal the vehicle

Grand theft auto is considered a felony in most cases.  This typically means that if you are convicted of this property crime, you will receive a sentence of at least one year in prison (if not multiple years in prison), as well as possibly fines, community service, and probation.  If you commit additional crimes while committing grand theft auto—such as kidnapping, assault, or identity theft—or you have a previous criminal record, you can expect the punishment for the property crime to be greater than if the auto theft is your first offense.

If you have been accused of or arrested for grand theft auto or a related property crime, you need the help of a criminal defense attorney.  Since grand theft auto is considered a felony in most situations, being accused of this crime is a serious accusation with significant consequences.  Therefore, rather than attempting to defend these charges on your own, you should seek help from a trained criminal defense attorney today.

Property crime: Types and Punishment

Filed under: Criminal Defense,Criminal Law — Tags: , , , , — markj @ 7:00 am

There are a wide array of felony crimes committed in the United States.  Some of the most common crimes are those that relate to property.

A property crime is any crime that relates to something that a person owns.  Common property crimes include the following.  The numbers in parenthesis are the approximate number of such crimes committed in the United States each year, as tracked by the Federal Bureau of Investigation (FBI) in their Uniform Crime Report for the most recent year available):

Burglary (700 crimes per 100,000 people).  Burglary is the illegal entry into a building, whether it is a residence, automobile, or commercial property, usually for the purpose of stealing property (but it can be related to the commitment of other crimes).  However, burglary has technically been committed as soon as you enter a property illegally, even if you do not have the opportunity to steal anything or commit an additional crime.

Burglary may also be called breaking and entering.

Theft (2,000 crimes per 100,000 people).  Theft is simply the taking of someone else’s property without that person’s consent.  Theft can include anything of value that, through the act of theft, you deprive another person of having or enjoying.

Motor vehicle theft (250 crimes per 100,000 people).  Motor vehicle theft is technically a subset of the crime of theft as a whole, but it is so common that it is deserving of separate mention.  Motor vehicle theft is the taking of someone else’s motorized vehicle.  Motorized vehicles can include but may not be limited to cars, trucks, boats, motorcycles, and trailers.

Arson (21 crimes per 100,000 people).  Arson is the intentional setting of a fire in an attempt to destroy property.  Arson is commonly associated with the burning of a building for the purpose of concealing another crime or committing insurance fraud, where with the destruction of the property the holder of the insurance policy would then be able to case in that policy for the insured amount.

As you can see from the statistics included above, theft is the most common property crime with arson being rather rare in terms of commitment rate as compared to other property crime.  This disparity in rates is largely due to opportunity, as it is simply easier for someone to commit theft on the spur of the moment when an opportunity presents itself rather than having to pre-meditate the act.

Property crimes are generally considered to be felonies, which means they are punishable by more than one year in prison.  However, this can vary somewhat from state to state depending on the exact circumstances of the crime.  The deterrent against property crime is enforcement of punishment by the jurisdiction where the crime is committed and the owner of the property simply taking measures to make the property a less desirable target.  Deterrents against property crime can vary depending on the type of property but may include alarms in the case of homes or automobiles to make it more obvious if a burglary or motor vehicle theft may be occurring or simply carrying your wallet in your front rather than back pocket where it is easier to steal.

If you are accused of having committed a property crime or believe you have been the victim of a property crime, you should contact a criminal defense attorney.  Regardless of which side of the crime you are on, a criminal defense attorney can help you know your rights and be sure you receive the best service possible within the law.

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