Many people assume that breaking into a locked car is a crime, but what about an unlocked vehicle? In California, entering an unattended vehicle without permission can still lead to serious criminal charges.
Whether you intended to steal something or not, understanding the law is crucial if you are facing accusations related to this offense. Contact Law Office of Michael L. Fell at (949) 585-9055 if you are being charged with theft crimes or other crimes.
Is It Illegal to Enter an Unlocked Car?
Yes, entering an unlocked car without the owner's consent can still be considered a crime in California. While traditional auto burglary under California Penal Code 459 requires breaking into a locked vehicle, other laws may apply when someone enters an unlocked car without authorization.
Potential Charges You Could Face:
- Tampering with a Vehicle (Vehicle Code 10852): This law makes it illegal to enter or tamper with someone else's vehicle without permission.
- Theft or Petty Theft (Penal Code 484): If you take anything from inside the vehicle, you could be charged with theft.
- Trespassing (Penal Code 602): Unlawfully entering someone else’s property, including an unlocked car, may be classified as trespassing.
- Joyriding or Grand Theft Auto (Vehicle Code 10851): If you take the vehicle, even without intent to permanently steal it, you could be charged with joyriding or auto theft.
Penalties for Breaking Into an Unlocked Car
The severity of penalties depends on the specific charges filed against you and whether you have prior offenses.
Potential Consequences Include:
- Misdemeanor Charges: For minor offenses like trespassing or petty theft, penalties may include fines up to $1,000, community service, probation, or up to six months in county jail.
- Felony Charges: If the incident involves grand theft auto or multiple offenses, penalties can include years in state prison and substantial fines.
- Criminal Record: A conviction can result in a permanent criminal record, affecting employment, housing, and future legal matters.
Legal Defenses Against These Charges
If you are accused of breaking into an unlocked car, a strong defense strategy can help fight the charges. Some possible defenses include:
- Lack of Intent: If you did not intend to commit a crime and had a legitimate reason to enter the vehicle, your attorney may argue that you did not act unlawfully.
- Mistaken Identity: If law enforcement misidentified you as the suspect, evidence such as surveillance footage or alibi witnesses could support your defense.
- No Criminal Act Occurred: If you entered a vehicle without taking anything or causing damage, your attorney may argue that no crime was actually committed.
- Unlawful Search and Seizure: If police obtained evidence against you through an illegal search, it may be inadmissible in court.
Why You Need a Criminal Defense Attorney
Breaking into an unlocked car might not seem like a serious offense, but the consequences can be significant. An experienced criminal defense attorney can review your case, challenge the prosecution’s evidence, and work to get charges reduced or dismissed.
If you are facing accusations related to entering a vehicle unlawfully, it’s important to seek legal help immediately. Contact Law Office of Michael L. Fell at (949) 585-9055 today to discuss your case and explore your legal options.