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Los Angeles "Chop Shop" Lawyer

6/28/2015

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California's "Chop Shop" Laws, Explained by an LA Defense Attorney

Los Angeles Chop Shop LawyerLos Angeles "Chop Shop" Lawyer
Automobile theft offenses are especially common in Southern California and have become a major focal point of local law enforcement.  Due to the difficulty in discretely selling a stolen vehicle, stolen vehicles are mostly used for parts in other vehicles, or are deconstructed and rebuilt with parts from multiple vehicles.  A "chop shop" therefore makes automobile theft more profitable.  Even if the "chop shop" owner/operator is not involved in the theft of any vehicles, the process of providing automobile thieves with an opportunity to sell their stolen vehicles, there is an incentive to steal cars.  There are not many pieces of property, worth thousands of dollars, that we leave unattended.  Call now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  213-375-3775.

This creates a large opportunity for car thieves, as well as chop shops.  Stolen cars are typically sold for several hundred dollars.  Auto theft deterrence systems have improved in recent years, but auto thefts can still occur in a number of ways.  Cars can be stolen with the key (e.g. at a gas station, valet), or even towed away by thieves, and brought to a "chop shop."  Because stolen cars can be purchased so cheaply, and because individual parts will not be readily identifiable due to mass manufacturing, operating a "chop shop" can be very profitable. 

California Vehicle Code Section 250 defines a "chop shop" as any premises where a motor vehicle (or motor vehicle part) obtained by theft, fraud or conspiracy, is altered, destroyed, disassembled, dismantled, reassembled, or stored in order to alter, deface, destroy, disguise, falsify, ore remove the identity (VIN) in order to misrepresent the identity of the part, prevent identification, dispose of, or sell the part.

California Vehicle Code Section 10801 prohibits owning or operating a "chop shop" in California.  This charge is a "wobbler" meaning that it can be charged as a misdemeanor or felony.  The prosecuting attorney will decide whether to file a misdemeanor or felony charge, based on (1) the defendant's criminal history, and (2) the seriousness of the charges.  For this reason, it is often helpful to involve an attorney pre-filing, to handle correspondence with the investigating detectives and prosecuting agencies.  It may be possible to avoid charges altogether, or at least persuade the prosecutor to file a misdemeanor, rather than felony charge.  As a felony, VC 10801 is punishable by up to four years of incarceration.  Additionally, a very large fine, up to $50,000 may be assessed as well.

The government has the burden of proving a knowledge element.  This can be difficult, especially absent a confession or statements by co-conspirators.  Lack of knowledge/intent is the most common defense asserted in VC 10801 cases.  Additional defenses include: false accusations, the business is not a chop shop, the defendant did not operate the chop shop, and challenging unlawful searches.  Other common defenses in LA Criminal Defense Cases.

Related offenses include:  receiving stolen property (PC 496), grand theft auto (PC 487), tampering with a VIN to misrepresent (VC 10802), misdemeanor VIN tampering (VC 10750) and buying or possessing a vehicle with a tampered VIN (VC 10803).  Other California theft crimes laws.

Being arrested and charged with a criminal offense is very serious business.  Experienced detectives investigate "chop shop" claims and are trained to interrogate suspects and gain their cooperation.  The Los Angeles District Attorneys office harshly prosecutes these crimes and has maintained a high conviction rate in "chop shop" cases.  If you or a loved one has been arrested or charged with a car theft-related crime, contact the Law Offices of Nicholas Loncar for a Free Consultation with a Los Angeles Criminal Defense Attorney.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com
Useful LA Criminal Defense Resources:
CA Dept. of Motor Vehicles
LA Inmate Locator 
LA Superior Court  
Los Angeles Police Department
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule
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