Laguna Beach, Orange County - Newport Beach criminal attorney and California criminal defense attorney Michael Guisti recently reviewed a case regarding auto theft crime. In this case, five cars' windows were smashed and valuables inside were stolen. The five cars were parked individually at different locations, but all of them were parked in underground parking structures. Some of the structures were gated while the others were not. Stolen property was left in plain sight in the car, including laptops, cell phones and other electronics.
A defendant who was accused of auto theft, smashes a car window and steals the valuables inside can be charged with auto burglary and can face severe punishment. Under California Penal Code Section 459, a person who enters a locked car with the intent to steal the property inside that car is guilty of burglary.
According to the Orange County criminal defense attorney, "enters" and "locked" mean that the defendant physically gained access to the property inside. It can either be accomplished by smashing a window, or reaching a hand inside an open car window to steal the property.
The Irvine criminal lawyer and Costa mesa theft crime attorney further explains that if the car doors are unlocked and the defendant nevertheless steals the valuable inside, the charge may be altered into trespass to chattel, which is a less serious crime because the force used to gain entry is eliminated. Judging from the value of the stolen property, auto burglary can be a misdemeanor or a felony. If convicted as a felony, a defendant may face up to 3 years in prison.
How can an experienced California criminal attorney help you in your theft crime defense in Orange County, Irvine, Newport Beach, Fullerton, Westminster and Santa Ana ?
If you or a loved one is charged with grand theft, fraud, embezzlement, white collar crime, petty theft, shoplifting, theft, first degree burglary, commercial burglary, auto burglary, criminal appeal, or any theft crimes in Orange County, irvine, newport Beach, Laguna Beach, Costa Mesa, Huntington beach, Westminster, Fullerton, Santa Ana, Los Angeles, San Bernardino, Riverside, contact our Orange County Theft crime defense lawyers in the Law offices of Michael L. Guisti as soon as possible. We will utilize every possible way to achieve the best result possible. Call our Santa Ana criminal attorney today at 714-530-9690 for a free consultation with our skilled California criminal lawyers.
