In Vista, California, tampering with another person’s vehicle is illegal, whether you mess with the car as a whole or just a part of the vehicle or its contents. The good news is that in many cases, this offense serves as a substitute for vehicle burglary charges, allowing these offenders to face a much lighter sentence. If you have been accused of vehicle tampering, a theft crimes lawyer can help you fight the charges.
What is Tampering With a Vehicle?
Vehicle tampering is covered by California Vehicle Code section 10852 (VC). Essentially, tampering with a vehicle involves willingly interfering with or damaging part or all of an automobile, including removing individual parts.
One of the most common forms of vehicle tampering is catalytic converter theft. Other examples include:
- breaking into a vehicle to seek shelter from the rain
- stealing someone’s license plate
- entering an unlocked vehicle and stealing something from the glove box
- letting the air out of someone’s tires
- breaking someone’s hood ornament off
- keying someone’s vehicle
Is 10852 (VC) a Felony or Misdemeanor?
Tampering with a vehicle is a misdemeanor. This offense is punishable by up to one year in jail and $1,000 in fines, though those convicted are often sentenced to probation instead. If you are found guilty of this offense, you may also be ordered to pay restitution to the victim to help them replace or repair the damage you caused.
Some forms of tampering with a vehicle are also considered vandalism, and it is common for suspects to be charged and convicted for both offenses. When the damage will cost over $400 to repair, vandalism is a felony offense, punishable by up to three years in prison. Though defendants can be charged and convicted for both vehicle tampering and vandalism related to a single incident, they can only be sentenced for one offense.
Defenses to 10852 (VC)
There are many defenses available for those who are facing this crime. To start with, not everyone who removes a part from a vehicle or otherwise damages it has violated this law, as vehicle tampering is only a crime when done willfully and without the owner’s consent. No offense has been committed if the owner consents to someone stripping parts from their vehicle. If this exception weren’t in place, mechanics would risk criminal charges whenever they worked on a car.
Likewise, if someone damages a car by accident, this is not criminal. However, if you accidentally cause damage to someone’s vehicle, you can still be legally liable for the cost of repairs. That said, while the act must be intentional, it does not need to be malicious. In other words, if you were drunk and broke into someone’s car to find a place to sleep, you have still invaded the vehicle owner’s privacy and can be considered guilty.
Other defenses can be used against these allegations as well, including lack of evidence, false accusations, and violations of your rights by police officers during the arrest or investigation of the crime, such as a lack of probable cause or illegal search and seizure.
In cases where the evidence is strong, sometimes the best defense is to negotiate a strong plea bargain or to secure a form of alternative sentencing that will allow you to avoid jail time.
The Difference Between Tampering With Vehicle and Auto Burglary
10852 (VC) charges are frequently brought up against those who entered a car illegally, but did not meet the legal requirements to be convicted of auto burglary under California Penal Code 459 (PC). Under state law, car burglary charges can only be filed when someone breaks into a car intending to steal something or to commit another felony.
For this reason, vehicle tampering charges are often filed when the prosecution lacks sufficient evidence to show that they broke into the vehicle hoping to steal something or commit a felony. In some cases, a criminal attorney can negotiate to have vehicle burglary charges reduced to tampering with a vehicle, which has a dramatically lower penalty.
Unfortunately, what you say could later hurt your defense, so always refuse to speak with the police without an attorney present.
If you have been accused of vehicle tampering in San Diego County, please call defense attorney Peter M. Liss at (760) 643-4050 or (858) 468-3024 to schedule a free consultation at his law firm locations in Vista or Carmel Valley.
