Vehicle Code 10852 Tampering with a Motor Vehicle Laws in California
VC 10852: Tampering with a Motor Vehicle
Legal Definition: “No person shall either individually or in association with one or more other persons, willfully injure or tamper with any vehicle or the contents thereof or break or remove any part of a vehicle without the consent of the owner.”
To be found guilty under VC 10852 the prosecution must prove:
- You willfully tampered with or injured a vehicle as a whole; or
- You willfully broke or removed individual parts of a vehicle
What does this mean?
To tamper with, under this section, means to interfere with, in this case, a motor vehicle. It is also necessary for you to be acting without the consent of the owner of the vehicle. Having consented to tamper with a motor vehicle, such as a mechanic at a car shop, would mean you would not be liable for a criminal charge under this section for tampering.
You act “willfully” when you do something on purpose. It is not important if you did not intend to break the law, but that you willfully tampered, which is a violation under this section. This can be done by yourself, or with a group of other people, all of which, can be charged with this crime.
Penalties
A charge under VC 10852 is a misdemeanor-only offense, as opposed to a Felony or an Infraction charge. If you are convicted of this charge as a misdemeanor, you could be sentenced to up to one year in a County Jail. You would be required to serve at least 50% of that time in custody. You could also be subjected to a fine of upwards of $1,000 for a misdemeanor conviction.
This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a suspension or loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court if you have more than one criminal conviction on your record, and then pick up another case involving this charge.
Common Defenses
False accusations are not technically considered a “defense” in criminal law. In essence, the defense of false accusations comes from a person who falsely blames you for a crime you did not commit. So in essence, there is a witness that is blaming you for the crime, and you are claiming you are innocent. In many other defenses under California law, you are guilty of the crime, but there is a technical defense that prevents a conviction, different than here. A personal vendetta a person may have against you could possibly lead to criminal charges and even a conviction. It is imperative if you are falsely accused of a crime to contact an Ontario Criminal Defense attorney that can help lead to a dismissal of your case.
Your rights can be violated in a multitude of ways. For example, if police conduct an unlawful search and seizure of you, and obtain evidence of you tampering with vehicles, that evidence could possibly be suppressed. If police violate your 4th Amendment right against unreasonable searches and seizures, such as here, police unlawfully detain you without probable cause or search you or your home without a warrant or probable cause, then whatever evidence found can be suppressed. Here, your Ontario Criminal Defense attorney would be able to file a motion under PC 1538.5, to suppress the illegally obtained evidence, and if that motion is granted, your case could be dismissed.
Call Today
The repercussions of a criminal conviction stretch far beyond the legal penalties, potentially impacting your career, education, and future prospects. At Inland Empire Criminal Defense, our attorney specializing in Ontario VC 10852 has an impressive track record of defending individuals against various criminal charges, including those related to VC 10852. Our team’s deep legal expertise and dedication to justice have led to the successful defense of thousands, underscoring our commitment to securing the best possible outcomes for our clients.
Why Trust Inland Empire Criminal Defense for Your VC 10852 Case?
- Unmatched Experience: Our Ontario VC 10852 attorney brings years of specialized experience to the table, having successfully navigated a multitude of cases with skill and precision.
- Focused Defense Strategies: We understand the complexities of VC 10852 charges and craft defense strategies that address the specifics of your case, aiming to mitigate the potential impact on your life.
- Commitment to Clients: Protecting your rights and future is our top priority. We’re dedicated to providing personalized, attentive legal counsel every step of the way.
Take Action to Protect Your Future
Facing charges under VC 10852 demands immediate and strategic legal action. Located in Ontario, Inland Empire Criminal Defense is equipped to offer the experienced legal representation necessary to challenge these serious allegations effectively.
Contact Inland Empire Criminal Defense Now
Don’t let a criminal charge under VC 10852 define your future. Reach out to Inland Empire Criminal Defense at 909-939-7126 to schedule a free initial consultation. Our Ontario-based team is here to support you with expert legal advice and robust defense strategies, ensuring you’re well-equipped to navigate this challenging period.
Frequently Asked Questions (FAQ’s)
Does the attorney offer confidential consultations?
Absolutely, Inland Empire Criminal Defense prioritizes your privacy and confidentiality. Every consultation with our attorney is conducted with the utmost discretion, ensuring your information remains secure and private.
Does the attorney offer payment plans?
Yes, understanding the financial pressures that can come with legal representation, our attorney offers flexible payment plans. This approach ensures that quality legal defense is accessible for all our clients in Riverside, San Bernardino, and Los Angeles Counties.
Is the consultation free?
Yes, Inland Empire Criminal Defense offers free consultations. This is part of our commitment to providing accessible and transparent legal services to residents of Riverside, San Bernardino, and Los Angeles Counties.
Are the consultations in person or only over the phone?
We offer both in-person and over-the-phone consultations to accommodate your preferences and needs. Whether you’re in Riverside, San Bernardino, or Los Angeles County, we ensure that you can access our legal services in the way that suits you best.
Is the office open on weekends?
Our office is typically closed on weekends. However, we do make exceptions for meetings by special arrangement. Our commitment is to be as accommodating as possible to meet the unique needs of our clients in Riverside, San Bernardino, and Los Angeles Counties.
Does the attorney serve all of California?
Our legal services are specifically tailored to residents of Riverside, San Bernardino, and Los Angeles Counties. For cases outside these areas, we recommend consulting avvo.com to find appropriate legal assistance. Our focused approach allows us to provide specialized defense catering to the unique legal landscape of these counties.
