Auto Theft
Practice Areas
Auto Theft Charges
Greenville, South Carolina Auto Theft Lawyer
From tampering with a car to carjacking, using a vehicle without the owner’s permission can result in a conviction that stays on your record and causes lifelong problems. In addition to prison time and fines, a person convicted of a felony loses many of their rights and privileges as a citizen. At AnneMarie Odom Law, our qualified legal defense team can fight aggressively for your freedom and make sure your rights are protected.
Contact us today by calling (864) 775-5833 and schedule your free case evaluation with an experienced South Carolina auto theft lawyer.
Types of Auto Theft Charges and Penalties
South Carolina’s auto theft laws aren’t laid out like other criminal statutes with exact definitions. Under state law, auto theft is a type of larceny. Larceny is taking someone’s personal property without the owner’s consent and with the intent to permanently deprive them of ownership.
Theft of a Motor Vehicle, AKA Grand Theft Auto
Unlike the popular video game, getting rid of a grand theft auto charge isn’t as simple as outrunning the police. Penalties for auto theft are categorized by the value of the stolen vehicle, in the same way that other larceny charges are categorized. If the vehicle is valued under $2,000, the crime is a misdemeanor and punishable by up to 30 days in jail, or up to a $1,000 fine. If the value of the vehicle is $2,000-$10,000, the crime is a class F felony, and punishable by up to 5 years in prison or a fine at the court’s discretion. If the vehicle is valued upwards of $10,000, the crime is a class F felony and is punishable by up to 10 years in prison or a fine at the court’s discretion.(S.C. § 16-13-30).
Carjacking
Carjacking is a serious charge and comes with more severe penalties than other vehicle theft charges. Carjacking is when someone takes (or attempts to take) a vehicle from another person through the use of force, violence, or intimidation while the owner is in or operating the vehicle. This felony is punishable by up to 20 years in jail. If the victim of the crime suffered a great bodily injury, the maximum punishment is 30 years in prison (S.C. § 16-3-1075).
Joyriding
Joyriding is the unauthorized use of a vehicle. Joyriding is a misdemeanor and is considered a separate crime from a typical auto theft charge. The prosecution has to prove there was intent to deprive the owner of their possession, even if only temporarily. The punishment for this is up to three years in prison. However, if your legal team can argue that the deprivation was only temporary and not connected to any other crimes, the punishment can be dropped to a maximum prison sentence of one year or a fine of up to $500 (S.C. § 16-21-60).
Breaking into Cars
Breaking into- or attempting to- a vehicle with intent to steal something of value from it is a felony. The maximum sentence for this crime is 5 years in jail or up to a $1,000 fine. Simply damaging or tampering with a vehicle or its’ parts is a misdemeanor with a maximum sentence of 30 days in jail or a fine of up to $100. (S.C. Code § 16-13-160).
Failure to Return a Rental Car
Under South Carolina law, not returning a rental car within 72 hours of the end of the rental agreement is considered vehicle theft. This is categorized in the same way as vehicle theft, by the value of the stolen property. Failing to return a rental car could result in a misdemeanor or felony, determined in the same way auto theft is. (S.C. Code § 16-13-420).
Common Defenses for Auto Theft
The most common defenses for auto thefts are intent and consent. Arguing that the subject did not intend to permanently derive the victim of the vehicle would reduce the crime to joyriding. It could also be argued that the subject had consent from the victim to use the vehicle, or they believed they had consent.
While it’s not always possible to get a charge completely dismissed, experienced defense attorneys can often get charges reduced to a less serious crime. A reduced charge can mean less time in prison, lower fines, and more of your rights remain intact. Remember, the burden of proof is on the prosecution. You are innocent until proven guilty beyond a shadow of a doubt. If you or someone you love has been charged with a vehicle theft-related crime, call the skilled car theft attorneys at AnneMarie Odom Law as soon as possible.
What Should I Do If I Am Arrested For Auto Theft?
Being arrested can be a terrifying situation, especially in this day and age. If a law enforcement officer approaches you and places you under arrest or simply asks you to answer some questions, stay calm and inform them that you will need to contact your attorney. You have rights afforded to you, even after an arrest. You are under no obligation to answer any question without an attorney present. Even if the officers seem friendly and nice, keep in mind their goal is to get you to spill confidential information that will help them charge and prosecute you for a crime you may or may not have committed.
Theft of a Motor Vehicle FAQs
Are Chop Shops Illegal?
Chop shops are places where a vehicle (often stolen) is stripped down and the various parts are sold or used on other vehicles. Running a shop is illegal, and so is buying from or selling to a location known to be a chop shop. This offense is punishable by up to 10 years imprisonment and a fine of up to $100,000 (S.C. Code § 56-29-30).
Is Auto Theft a Felony?
Auto theft is a felony under South Carolina law unless the vehicle is worth less than $2,000. Stealing a vehicle valued under $2,000 can result in a misdemeanor charge.
Is Breaking Into a Car a Felony?
Breaking into a car is a felony if the prosecution can prove that you intended to permanently deprive the owner of the vehicle or take anything of value from the vehicle. Tampering with or breaking into a vehicle can result in a misdemeanor charge which comes with prison time.
What is the Jail Time for Possession of a Stolen Vehicle?
Possession of a stolen vehicle carries the same punishment as stealing a vehicle. A vehicle valued under $2,000 can result in a misdemeanor charge and carries a sentence of up to 30 days or a fine of up to $1,000. For vehicles valued between $2,000-$10,000, the crime is a felony and results in up to a 5 year prison sentence or a fine at the court’s discretion. If the vehicle is valued over $10,000, the penalty is up to 10 years in prison or a fine at the court’s discretion.
Greenville, SC Auto Theft Defense Attorney
A felony offense can stay on your record forever. Felonies not only take away rights like voting and owning a firearm, but they also make it significantly harder to find housing, employment, and education opportunities. At AnneMarie Odom Law, we know the serious consequences that come with criminal charges. You need an experienced criminal defense team by your side to fight these charges. We’re ready to fight aggressively for your freedom and ensure you get the best defense possible. Call (864) 775-5833 to schedule your free consultation and begin your attorney-client relationship today.
Our knowledgeable criminal defense attorneys are ready to assist you in these difficult situations that pose a real threat to your future.
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