near me
LOS ANGELES AUTO THEFT DEFENSE LAWYER, Cyrus Tabibnia

LOS ANGELES AUTO THEFT DEFENSE LAWYER

If you’re facing an arrest for a criminal offense in Los Angeles, CA, it can be a highly traumatic experience, particularly if it’s your first time or you’re innocent. It’s essential to note that California has one of the highest property crime rates in the nation, and while some may perceive the state’s criminal code to be more relaxed than others, severe penalties exist for specific theft offenses.

Understand California Theft Laws

Theft in California comes in different forms, including auto theft, and is categorized as either a misdemeanor or a felony offense based on severity. This classification, known as wobblers, is determined by the value of the stolen property. Petty theft is a misdemeanor and applies to property worth under $950, while grand theft, which applies to property valued over $950, can be a misdemeanor or a felony. Auto theft cases, in particular, usually lean towards felony prosecution for most defendants.

Grand theft auto is a serious offense in California and involves the unlawful and intentional taking of another person’s vehicle by force, deception, or coercion. To prove the case, the prosecution must demonstrate that the defendant intended to keep the vehicle and move it, even if only a short distance. The vehicle’s value is a critical factor in determining whether the crime is a misdemeanor or felony. If the car is highly valuable, or if the defendant used harmful conduct while taking the vehicle, felony prosecution is highly probable.

Potential Penalties For Auto Theft Conviction in Los Angeles, CA

If a person commits petty theft that qualifies as a misdemeanor in California, they could face up to one year in county jail and a fine of up to $1,000. Additionally, the defendant may be liable for civil damages caused to the owner of the vehicle. Misdemeanor-level grand theft carries similar penalties, including restitution or compensatory damages to the vehicle’s owner. If convicted of felony-level grand theft, the defendant could face imprisonment in state prison for at least 16 months, a much higher fine, and additional penalties at the judge’s discretion.
The method of stealing a car can also impact the severity of sentencing in California. For instance, if a defendant uses a firearm during a carjacking, they may face additional felony charges for weapons violations in addition to grand theft auto. On the other hand, if a defendant takes someone else’s vehicle without permission for their own temporary use, it is considered joyriding. While joyriding typically results in less severe penalties than grand theft auto, it can still be charged as a felony in California
Auto theft defendants in California who steal police or emergency response vehicles may face more severe penalties than those who steal privately owned vehicles. If a vehicle is stolen from a veteran, disabled individual, or elderly person in Los Angeles, enhanced penalties may also apply. In cases of organized auto theft, participants may face charges related to the receipt and sale of stolen property, forgery of official vehicle records, and other related charges. The use of violence, weapons, deception, and intimidation are all aggravating factors that can enhance the defendant’s sentence.

Defenses Against Auto Theft Charges

In an auto theft case, the prosecution must prove that the defendant had the intention to permanently deprive the owner of the vehicle to secure a conviction. However, there may be several options available to fight the case, such as proving a lack of intent to steal the vehicle permanently. If wrongfully accused, it may also be possible to demonstrate mistaken ownership or a fraudulent car buying scam. The defenses available depend on the individual details of each case. Some possible defenses include:

    • Lack of intent: In order to secure a conviction for auto theft, the prosecution must prove that you intended to permanently deprive the vehicle’s owner of their property. If you can show that you did not have the intent to steal the car permanently, you may be able to avoid a conviction.
    • Mistaken ownership: If you genuinely believed that the car belonged to you or that you had permission to use it, you may be able to use this as a defense.
    • Fraudulent car buying scam: If you were unknowingly involved in a fraudulent car buying scheme, and the car you took was actually stolen, you may be able to argue that you did not know you were committing a crime.
    • Duress: If you were forced or coerced into stealing the car under threat of harm, you may be able to use the defense of duress.
    • Insufficient evidence: If the prosecution’s case against you is weak and there is insufficient evidence to prove that you committed the crime beyond a reasonable doubt, you may be able to get the charges dropped or reduced.

Even if you are aware that you committed auto theft and broke the law, seeking legal representation can still be beneficial for your case. For a first-time offender facing overwhelming evidence, plea bargaining may be a viable option. Your defense attorney may recommend taking a plea bargain as it can potentially reduce the severity of the penalties you could face. This approach typically involves pleading guilty in exchange for a lighter sentence and/or reduced charges. Therefore, it’s crucial to seek the advice of an experienced attorney to explore all available options and determine the best course of action for your specific case. The following includes some of the various criminal charges relating to auto theft that are frequently charged by prosecutors:

Grand Theft Auto – California Penal Code Section 487(d)(1) PC

Grand theft auto, as defined in California Penal Code Section 487(d)(1) PC, is a form of theft that specifically involves stealing a car. This crime can take several forms, such as failing to make payments or return a car that was rented or purchased, borrowing a car and not returning it, or simply breaking into a car and driving away. However, if force or threat was used to take the car, prosecutors are more likely to charge the defendant with the more serious offense of carjacking under California Penal Code Section 215 PC.

Joyriding – California Vehicle Code Section 10851 VC

In certain cases, a car may be taken unlawfully, but the offense is not classified as grand theft auto. In cases of joyriding, for example, the defendant may take a vehicle but without intending to permanently deprive the owner of it. As per California Vehicle Code Section 10851 VC, a defendant can be found guilty if they took a car with the intent to temporarily deprive the owner of possession, no matter how short the duration. Joyriding is a “wobbler” offense, meaning it can be prosecuted as either a misdemeanor or felony. However, if the vehicle taken was an ambulance, marked law enforcement vehicle, firefighting vehicle, or a vehicle used for transporting disabled persons, then this offense is automatically a felony.

Owning or Operating a Chop Shop – California Vehicle Code Section 10801 VC

The theft of cars is often committed for the purpose of selling their parts in the after-market, which is why “chop shops” exist. These illicit establishments disassemble stolen vehicles and sell their individual parts. Specialized law enforcement units are tasked with identifying and pursuing the proprietors of these shops, as they play a key role in making stolen vehicles unidentifiable. California Vehicle Code Section 10801 VC criminalizes the operation or ownership of chop shops and is considered a “wobbler,” meaning it can be prosecuted as either a felony or a misdemeanor depending on the circumstances of the case.

Auto Insurance Fraud – California Penal Code Section 548, 549, 550 and 551 PC

Auto insurance fraud is a serious crime that can be closely linked to auto theft. In some cases, individuals may falsely claim that their vehicle has been stolen in order to collect insurance money. Insurance companies have in-house investigators who are dedicated to detecting and prosecuting fraud. There are also specialized units within prosecutorial agencies that focus solely on prosecuting these types of cases. Depending on the circumstances of the case and the defendant’s criminal history, auto insurance fraud can be charged as either a felony or a misdemeanor.

Tampering with a Vehicle – California Vehicle Code 10852

California Vehicle Code 10852 defines the crime of tampering with a vehicle. Specifically, this law makes it illegal to tamper with, damage, or break into a vehicle without the owner’s consent. This can include stealing a car, damaging a vehicle’s ignition, or breaking into a car to steal items from inside. The penalty for violating California Vehicle Code 10852 can range from a misdemeanor to a felony, depending on the circumstances of the crime. It’s important to note that California Vehicle Code 10852 only applies to actions taken without the owner’s consent. If the owner has given permission for someone to use or access their vehicle, then no crime has been committed under this law.

Why To Hire Los Angeles Auto Theft Attorney

While the burden of proof lies with the prosecution in an auto theft case, it’s crucial to actively defend yourself against the charges. If you’ve been wrongly accused of auto theft in Los Angeles, it’s recommended to consult with a skilled attorney. There are several reasons why hiring a Los Angeles auto theft defense attorney is crucial if you are facing auto theft charges:

      • Expertise and Experience: An experienced auto theft defense attorney has the knowledge and expertise to navigate the legal system, including the complex and ever-changing laws surrounding auto theft. They also have experience with similar cases and can draw on that experience to build a strong defense for you.
      • Protection of Your Rights: A defense attorney will ensure that your rights are protected throughout the legal process. They will make sure that you are not unfairly coerced into making statements that could be used against you in court, and they will ensure that any evidence used against you was obtained legally.
      • Building a Strong Defense: A skilled defense attorney can help build a strong defense on your behalf. They can review the evidence against you, investigate the circumstances surrounding your case, and identify any weaknesses in the prosecution’s case. This can lead to reduced charges or even a dismissal of your case.
      • Negotiating a Plea Deal: In some cases, a plea deal may be the best option to avoid the worst penalties you face. A defense attorney can negotiate with the prosecution to secure a plea deal that reduces your charges and/or sentence.
      • Peace of Mind: Finally, hiring a defense attorney can give you peace of mind during a stressful and uncertain time. They can provide guidance and support throughout the legal process and work tirelessly to protect your rights and freedom.

Overall, hiring a Los Angeles auto theft defense attorney is crucial to ensure that you receive the best possible outcome in your case.
Tabibnia Law Firm is here to defend you with its extensive legal expertise and resources. With a proven track record of successfully defending clients against a range of criminal charges in Los Angeles County, our firm knows how local prosecutors approach these cases and can develop effective defense strategies tailored to your specific situation. We understand that navigating the criminal justice system can be overwhelming, and we’re here to guide you through the process and answer any questions you may have. Our top priority as your auto theft attorney is to protect your rights and seek dismissal or acquittal of your case whenever possible, or guide you through a plea bargaining process if necessary. Regardless of how your case unfolds, we’ll ensure that your rights are respected throughout the entire process.

We are providing legal assistance throughout the state of California, covering a wide range of locations, Los Angeles, Sherman Oaks, Encino, Glendale, Torrance, Beverly Hills, Van Nuys, Woodland Hills, Pasadena, Long Beach, Redondo Beach, Santa Monica,Ventura, Manhattan Beach, Whittier, Downey, Orange County, San Fernando, Riverside, West Covina, Lancaster, Pomona, Burbank, Inglewood, Norwalk, Palmdale, Monterey, Santa Clarita, La Puente, Walnut Creek, Westlake Village

    Get A Case Review Today

    Please prove you are human by selecting the Truck.

    EXCELLENT rating
    Based on 24 reviews
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023
    Having never needed a lawyer before, and being very scared and confused, I reached out to Cyrus after reading some outstanding reviews online. Cyrus gave me peace of mind and made me feel like I was in good hands. I highly recommend and I will probably use them again for any future legal needs that may arise. Thank you Cyrus.
    Ehab Totri
    Ehab Totri
    9 March 2023
    HIGHLY RECOMMEND CYRUS! I have been working with Cyrus on a bank fraud case and you will not be disappointed. He is nice and very humble. I never had a problem trying to get a hold of him. Cyrus is in top of your case and answers to emails/text messages promptly. Well talented attorney and his professionalism is to the next level. He is affordable and would work with you depending on your situation.
    MELVIN WOODS
    MELVIN WOODS
    13 September 2022
    This correspondence shall serve to memorialize that Cyrus is a excellent attorney, I recommend Cyrus because he is intuitive and has great communication skills. Cyrus is very honest and will never drag a case just to make more money
    Bobby Vafa
    Bobby Vafa
    29 July 2022
    I am here, writing on the behalf of Mr. Cyrus Tabibnia. From the very first moment we formally introduced ourselves to one another, I felt nothing but sincerity and authenticity from this man. At that very moment I knew, that this was the person ideal to represent me and to do diligence. In which in fact he did do so. He was able to significantly get my DUI and Car Theft charges reduced from felonies to misdemeanors and with one case, completely dismissed. I was not only impressed and satisfied completely, but I was not suprised one bit with the outcome. I highly suggest this gentlemen if you are in deed seeking counsel from someone who legitimately cares, and who will go the extra mile and above and beyond for you.
    DJ Cab
    DJ Cab
    7 July 2022
    I was referred to Cyrus Tabibnia through a friend of mine that Cyrus had assisted in the past. The minute that I sat down with the attorney Cyrus Tabibnia for a consultation. I knew that he was the right attorney for my case. I noticed that he was very thorough and technical from the very beginning of our interaction. I was facing deportation for an assault case in which I was clearly defending myself. The ending result was a dismissal and removal of a restraining order after proving that it was a clear case of self defense. Now, thanks to Cyrus I can clearly go back to work and my family. Without worrying about this incident staying on my record. I strongly recommend Cyrus Tabibnia to anyone that is facing legal issues.
    Herbert Herrera
    Herbert Herrera
    27 May 2022
    I’m writing this review with tears in my eyes. I can’t find words to describe my gratitude to Lawyer Cyrus. He became the Cyrus that conquered the city of Babylon who built Jehovah’s house in Jerusalem during biblical times. He gave hope and a new life beginning to the Jews. This is exactly what Lawyer Cyrus meant to my family. He was always wearing his armor ready to defend my husband. This times were very difficult because it happened during the pandemic. I just want to say that he always made me feel like I had a warrior who knew exactly what to say to make my stress, worries and pain go away. And, most importantly he knew what he was doing. After, a battle of almost two years, he did it!!!! He won!!! Thank you from the bottom of my heart!!!
    Maria Arteaga
    Maria Arteaga
    27 May 2022
    My name is Salvador. I was charged with a DUI case in 2021. A close friend of mine recommended that I hire Cyrus Tabibnia. My friend had previously hired Mr. Tabibnia for a criminal case and was very satisfied with his work. I consider myself very blessed and grateful to have met and worked with Mr. Tabibnia. He was a very effective lawyer with great customer service and he obtained excellent results for me on my DUI case and on my DMV license issue. I was very concerned about this case for many reasons, but Mr. Tabibnia explained everything, put me at ease and got me a wonderful outcome! I highly recommend Mr. Tabibnia if you need a great lawyer!"
    Salvador Rivera
    Salvador Rivera
    17 May 2022
    I was a client of this firm and Attorney Cyrus Tabibnia handled my case so professionally. I appreciate all the hard work, time and dedication he took to help me reach the best outcome for myself
    Crystal Gonzalez
    Crystal Gonzalez
    22 April 2022