印第安纳州的汽车盗窃防御
In movies and on television, stealing fast cars can be made to seem macho and romantic. The hero breaks into the exotic sports car late at night, 进入点火柱, splices wires together and zooms into the night. But in real life, the truth is significantly less impressive. For one thing, the cars usually stolen are more often than not regular sedans. 一天结束的时候, it’s not riches and fame that await the thief, 而是法庭和监狱牢房.
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如果你被指控了, charged or arrested for auto theft in 印第安纳州, 接触教会, 兰登, Lopp, Banet律师在新奥尔巴尼. 丘奇，兰登，洛普，巴内特·劳 has years of experience defending cases all over 印第安纳州 and will work tirelessly 帮助 create the defense strategy you need. We have the resources and experience 帮助. If you have questions or want to set up a free consultation, 在线bet9九州体育登录 或致电(812)725-8224.
法律定义
The concept of auto theft is fairly simple: taking someone else’s vehicle without their permission. But while that is certainly a part of it, the prosecutor must prove that not only did the defendant take the vehicle, but he had no intention of ever returning it — a much more difficult proposition.
印第安纳州法律
印第安纳州 law is specific about the crimes and penalties related to auto theft. 具体法规规定:
IC 35-43-4-2.5汽车盗窃; receiving stolen auto parts Sec. 2.5. (a) As used in this section, “motor vehicle” has the meaning set forth in IC 9-13-2-105(a). (b) A person who knowingly or intentionally exerts unauthorized control over the motor vehicle of another person, with intent to deprive the owner of: (1) the vehicle’s value or use; or (2) a component part (as defined in IC 9-13-2-34) of the vehicle; commits auto theft, 六级重罪. (c) A person who knowingly or intentionally receives, 保留, or disposes of a motor vehicle or any part of a motor vehicle of another person that has been the subject of theft commits receiving stolen auto parts, 六级重罪.
印第安纳法典第35-43 -3条 (驾驶汽车/刑事转换)组. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a级轻罪. (b) The offense under subsection (a) is 六级重罪 if committed by a person who exerts unauthorized control over the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime. (c) The offense under subsection (a) is a Level 5 felony if: (1) committed by a person who exerts unauthorized control over the motor vehicle of another person; and (2) the person uses the motor vehicle to assist the person in the commission of a felony. (d) The offense under subsection (a) is 六级重罪 if: (1) the person acquires the property by lease; (2) the property is a motor vehicle; (3) the person signs a written agreement to return the property to a specified location within a specified time; and (4) the person fails to return the property: (A) within thirty (30) days after the specified time; or (B) within three (3) days after a written demand for return of the property is either: (i) personally served on the person; or (ii) sent by registered mail to the person’s address that is provided by the person in the written agreement.
偷车处罚
汽车盗窃
A conviction of auto theft for a first offense is considered a Level 6 Felony, the penalty for which includes a maximum of a $10,000 fine and a maximum of up to 30 months in prison. Previous convictions raise the charge to a Level 5 Felony; the fines remain the same, but maximum possible jail time increases to six years.
驾车兜风/刑事转换
The charge is a级轻罪 which includes a maximum of a $5,000 fine and one year in jail.
可能的防御
There are two basic defenses used against charges of auto theft.
- 首先是 the defendant had the intention of returning the car. If the defense can plausibly prove this true, then charges 可能会沦落到开车兜风, which carries much less serious penalties.
- The second defense is common mostly among family and friends. 这包括 默示同意, suggesting that the defendant either had consent or was simply taking the vehicle for a ride.
丘奇，兰登，洛普，巴内特·劳, 新奥尔巴尼的一家律师事务所, 印第安纳州, has faithfully served the people and communities of 印第安纳州 and 肯塔基州 for several years in a variety of legal areas. We have the experience and resources 帮助. To ask a question or to set up a free consultation, 在线bet9九州体育登录 或致电(812)725-8224.
马克·陶菲克律师
Marc is a 肯塔基州 native, having lived and worked in the state the majority of his life. He is a licensed attorney in 肯塔基州 and 印第安纳州, 他的重点是试验工作, including civil litigation and criminal defense. He has represented a wide variety of clients, and he is committed to putting his clients’ needs first. [ 律师生物 ]
