New York Penal Law 165.09: Auto stripping in the third degree
Auto stripping is a term that describes stealing vehicle parts or vandalizing those parts. In the real sense, a car is stripped to remove the most valuable parts of the car that have a better market to sell them for profit. Under the New York Penal Code 165: 09, you can face serious prosecution from the third-degree auto stripping if you:
1. Intentionally damage or remove any car part belonging to another person without getting their permission, or
2. Intentionally damage or remove any car part of an abandoned car in a garage or any local place.
Example
Andrew was sitting beside a garage and noticed a car parked on the streets. The car had a set of expensive rims. Andrew, being experienced in stealing car parts in the neighborhood, quickly hot-wired the car and took it to a far location. He then removed the car’s tires and rims. If he was caught doing that action, he could face prosecution for the third-degree auto stripping. Moreover, he would also face other charges concerning car theft because he used someone’s car without their attention.
Related offenses
1. Stolen property criminal possession in the fifth degree: New York penal law 165:40
2. Third-degree unauthorized use of a vehicle: New York Penal Law 165:05
3. Fourth-degree grand larceny: New York Penal Code 155:30
Defenses
For you to face a third-degree auto stripping prosecution, the prosecutor must prove to the court that you didn’t have any permission to deface or remove any parts of the vehicle. If you can provide evidence that you had the permission to face this crime, then you have a valid defense case against the charges.
Sentence
Because the third-degree auto-stripping is a Class A misdemeanor, you will be sent to a county jail and face a maximum prison sentence of one year. The sentence can be coupled up with a fine. You may also be required to pay a restitution amount accompanied by a fine to the owner of the vehicle. A three-year probation term is possible for this case.
New York Penal Law 165.09: Third-degree Auto Stripping
A person is found guilty of a third-degree auto stripping crime when:
1. He or she intentionally destroys or removes any parts of a car that belongs to another person this crime also involves defacing a car that belongs to another. You can also face charges of you do the above activities on any abandoned vehicle as defined in the New York Penal Law § 165.09: Auto Stripping in the third degree of the traffic and vehicle law without the owner’s permission.
2. He or she intentionally destroys any parts of a car that does not belong to them. The car does not have to be abandoned under the New York Penal Law § 165.09: Auto Stripping in the third degree of the traffic and vehicle law. In defense of such a charge, the person will say that he was authorized to do so by permission of the owner or by the pursuant law.
The nyc criminal attorneys Law Firm
Even though the third-degree auto stripping can be seen as a small criminal charge, it is one of the biggest misdemeanor and felony cases an individual can ever face in court. For this reason, it is important to be backed up with the most experienced representation. The staff at NYC criminal Attorneys Law Firm has many years of experience in representing their clients with crimes such as grand larceny, car theft, auto stripping, reckless property endangerment, and criminal mischief. Contact our law firm to book a free consultation session with our team of experienced legal representatives.
