Los Angeles Criminal Defense Lawyer Blog

California topped the charts again this year, first in the nation in car thefts. In the 2008 National Insurance Crime Bureau (NICB) report released today, vehicle thefts declined for the fifth straight year in the U.S., except in California and a few other states. The report noted that the majority of increased car thefts occurred in states that border Mexico.

California cities took 6 of the top 10 rankings in cars stolen in 2008, earning the state the dubious distinction of being No. 1 in total auto thefts. Here's the NICB list:

1. Modesto, CA (also first in 2007)


2. Laredo, TX


3. Yakima, WA


4. San Diego/Carlsbad/San Marcos, CA


5. Bakersfield, CA


6. Stockton, CA


7. Las Vegas/Paradis, NV


8. Albuquerque, NM


9. San Francisco/Oakland/Fremont, CA


10. Fesno, CA

Stealing a car, called Grand Theft Auto, is a serious crime in California. For grand theft auto to be charged, the vehicle stolen must be valued at more than $400, said veteran Los Angeles criminal defense attorney Stephen Rodriguez. Rodriguez explained that under California law grand theft auto can be charged either as a felony under California Penal Code Section 487(d) or as a misdemeanor when the defendant has no prior convictions under California Vehicle Code Section 10851. Conviction of felony theft can result in 16 months to 3 years in state prison. A misdemeanor conviction can bring up to a year in county jail, restitution, fines, community service and three years of formal probation. Conviction of more than one count of grand theft auto can impose California's harsh Three Strikes Law which can double sentences, criminal defense lawyer Rodriguez warned.

To protect yourself from auto theft, the National Insurance Crime Bureau recommends the following actions:

• Remove your keys from the ignition when you leave your car.


• Lock your doors and close your windows as soon as you enter your car.


• Park your car only in well-lit areas, preferably near pedestrian and vehicle traffic.


• Ask for an escort to your car when you leave an establishment late at night.


• Install a visible or audible warning device in your vehicle to alert thieves that your vehicle is protected.


• Use an immobilizing device in your vehicle that prevents thieves from hot-wiring the ignition.


• Install a tracking device in your vehicle to assist police in locating your car if it is stolen.

The video game "Grand Theft Auto" makes the world of car jacking and car theft seem almost fun, but in reality the consequences for being arrested for such an offense is anything but fun. Motor vehicle theft, sometimes referred to as grand theft auto by the media and police departments in the US, is the criminal act of stealing or attempting to steal a motor vehicle, including an automobile, truck, bus, motorcycle, snowmobile, trailer or any other motorized vehicle.

Los Angeles grand theft auto lawyers have to defend their clients against both the prosecution and public opinion, since most people have an extremely negative view of those arrested for grand theft auto. Grand Theft Auto can be charged under two different laws:

• If Grand Theft Auto is charged under California Penal Code Section 487(d), it is always charged as a felony. As a felony, the sentencing range will be 16 months, 2 years or 3 years in a state prison. Besides jail, a conviction may also require parole of 3 years or formal probation.


• If, however, the Grand Theft Auto is charged under California Vehicle Code Section 10851 (Vehicle Theft) and there are no prior convictions, it can be charged as a misdemeanor with less of a penalty. Misdemeanor sentencing is up to a year in county jail and may involve 3 years of informal probation along with restitution, fines and community service.

If you have been charged with or are under investigation for Grand Theft Auto, you have a right to talk with an attorney and you need strong representation. Attorney Stephen G. Rodriguez and his team have extensive experience in dealing with these types of cases. We are aggressive attorneys who will fiercely fight for your rights.

Some have said that like the Civil Rights movement of the last half century, the battle against homosexual prejudice will be at the center of this generation's fight for social justice. If recent events are any indication, it will be another long, hard fight.

Two men and two teens have been arrested in the San Francisco Bay area on suspicion of gang-raping a 28-year-old woman. The woman was attacked as she exited her car which bore a rainbow gay pride sticker. Her attackers taunted her for being a lesbian as they raped her. Hitting and raping the woman on the sidewalk as she got out of her car, her attackers shoved her back into the car when someone approached. They drove her to an abandoned building where they raped her repeatedly before stealing her wallet and driving away in her car. Her attackers are being held without bail on charges of gang rape, kidnapping and carjacking. Police indicated that tips from local residents led to the arrests. Police have characterized the crime as a hate crime, noting that the victim's attackers knew she lived with a female partner.

All three of the heinous crimes these men are charged with come under California's tough Three Strikes Law. Under California's Three Strikes Law, anyone convicted of two or more prior strike offenses faces a life-term sentence if convicted of a third felony, even if that felony is not a strike offense. Once convicted of a strike offense, penalties are doubled for subsequent convictions. As explained by expert criminal defense attorney Stephen Rodriguez, "Those defendants who have been convicted of a prior strike must be sentenced to prison for twice the determinate term or twice the minimum for the indeterminate term."

In tough-on-crime California, the Three Strikes Law was instituted to keep violent repeat offenders behind bars. Strikes apply to violent and serious felonies as defined by the state's Penal Code. Strike penalties can also apply to juvenile offenders who are 16 or 17 years old at the time of the offense. Examples of strike offenses include murder, rape, mayhem (serious and deliberate injury that disfigures or disables), grand theft involving a firearm, kidnapping, carjacking with a deadly weapon, any felony involving a firearm, any felony inflicting great bodily injury and a list of other serious crimes.

For more information about California's Three Strikes Law, contact the experienced criminal defense attorneys at the law offices of Stephen Rodriguez.

Rockstar Games' release of the popular video game Grand Theft Auto IV set sales records earlier this year, easily topping first week sales of Halo 3, which had pulled in $300 million during the first seven days of its release. Variety called the international launch of Grand Theft Auto IV last April the most lucrative game debut in entertainment history, surpassing even Pirates of the Caribbean: At World's End which earned a record $404 million in first-week sales last year.

Worldwide sales in the multi-millions have made Grand Theft Auto the world's most popular game. Despite its popularity, the game series has been widely criticized for glorifying and possibly promoting crime. Many have condemned the action-driving series for its excessive profanity, sex and violence. And even though the game is rated Mature for players 17 and 0lder, many younger gamers have taken it out for a spin. Some psychologists worry that impressionable young people may not be able to separate the excitement of the game from the danger of committing the crime in real life.

When you strip away the glitz and glam, grand theft auto is a dangerous, gritty crime with serious consequences. Grand theft auto is the taking, stealing or driving of someone's care with the intent to deprive them of it. In California, grand theft auto can be charged if the stolen vehicle is worth more than $400. In certain cases where there are no prior convictions, grand theft auto is sometimes charged as a misdemeanor which usually involves, restitution, fines, community service, 3 years of informal probation and up to a year in the county jail. However, grand theft auto is usually charged as a felony with a penalty of 2 to 3 years in state prison and formal probation or a 3-year parole. Multiple convictions for grand theft auto cause jail sentences to increase under California's tough Three Strikes Law.

Police need only cite "probable cause" to arrest someone for grand theft auto. Probable cause is the reasonable suspicion that a person has, is or will be committing a crime based on facts or circumstances. However, conviction of grand theft auto is much more difficult. The prosecutor must prove beyond a reasonable doubt that:

• The accused drove or took the vehicle.


• The vehicle wasn't owned by the accused.


• The vehicle was taken without the owner's consent.


• The vehicle was taken with the intent to deprive the owner of it.

Defense against grand theft auto charges usually hinges on whether or not the vehicle was taken without the owner's consent and whether or not the accused intended to keep the vehicle permanently.

California is a hot spot for car thieves. In number of vehicle thefts, California was No. 1 in a report just released by the National Insurance Crime Bureau. Of the top five cities for auto theft, four are in California. Las Vegas (#2 on the NICB list) was the only non-California city to make the top five.

With 5,358 car thefts reported in 2007, Modesto took top honors. San Diego was ranked third, followed by Stockton and San Francisco. Rounding out the top ten were:

6. Laredo, Texas
7. Albuquerque, New Mexico
8. Phoenix, Arizona
9. Yakima, Washington
10. Tucson, Arizona

"One huge factor is that there are more vehicles in California than any other state, making it a target-rich environment to begin with," said NICB spokesman Frank Scafidi. Proximity to seaports and international borders which facilitate the transportation of stolen vehicles increases the risk factor, the report noted.

Interestingly, car thieves generally prefer older cars to new cars. There's a huge demand for black market auto parts in foreign countries. According to the NICB report, the 1995 Honda Civic remains the most stolen car in America. Other top 10 auto thief favorites were:

1991 Honda Accord
1989 Toyota Camry
1997 Ford F-150
1994 Chevrolet C/K 1500
1994 Acura Integra
2004 Dodge Ram pickup
1994 Nissan Sentra
1988 Toyota Pickup
2007 Toyota Corolla

Stealing a vehicle is called Grand Theft Auto and is a serious crime in California. A charge of grand theft auto requires that the vehicle be valued at more than $400. Depending on the circumstances and prior record, the theft can be charged as either a felony or misdemeanor. Misdemeanor sentences can result in up to one year in county jail and three years of probation with fines, restitution and community service. If charged as a felony, sentences can range from 16 months to 3 years in state prison. If there are multiple offenses, sentences increase under California's Three Strikes Law. An experienced grand theft auto attorney can protect your rights.

-LegalPro

It took just 6 1/2 minutes to totally disassemble a 1988 Chevy pickup truck into a salable pile of parts. In a demonstration for law enforcement officers, six special agents from the National Insurance Crime Bureau demonstrated the speed with which a skilled team of thieves can break into a vehicle, harvest its parts and dispose of the body. Grand theft auto is a serious problem in Los Angeles and across the country. Nationwide, more than 1 million vehicles are stolen each year, many of them are older vehicles like the '88 Chevy used in NICB demonstration. "Ironically, it's not the luxury vehicles that are most commonly stolen," said NICB spokeswoman Vickie Neal. Parts for older vehicles are harder to find, making them a hot commodity these days, particularly overseas. It's the lucrative auto parts market that lures car thieves. According to NICB, 40% of stolen autos are never recovered. Most are probably stripped of their parts for sale on the black market then destroyed. A vehicle's parts may be worth twice as much as the vehicle itself. For example, the Chevy truck used in the NICB demo is worth about $2,100 on the used car market; but stripped down, its parts would sell for nearly $4,100 on the black market. To protect yourself from car thieves, park in well-lighted areas and consider installing these anti-theft devices on your vehicle, some of which are standard on newer models:

• Equip your vehicle with an audible alarm


• Use a "club" to lock the steering wheel


• Use a steering column collar to prevent hot-wiring


• Use valve stem tire locks that cause tires to go flat if they rotate before the lock is removed


• Install a kill switch that stops the flow of electricity or fuel to the engine until a hidden switch is activated


• Install a ignition or fuel disabler or fuse cutoff which short circuit the electrical or fuel systems so your car won't start


• Use smart keys or wireless ignition systems that prevent the car from starting without the correct key or signal


• Install a tracking device that allows police to find your car if it is stolen

If you are charged with Grand Theft Auto, you will need the services of a skilled criminal defense attorney.

-LegalPro

New technology is expected to help California police put the brakes on auto theft. Beginning with 2009 models, GM cars and trucks equipped with OnStar technology will have a new feature called Stolen Vehicle Slowdown. When an owner reports their vehicle as stolen, OnStar will send a signal to the vehicle that will alert police and prevent the thief from accelerating. The new feature was designed to assist police during high speed chases and prevent the accidents and injuries that often occur during such pursuits. More than 300 people are killed every year during police pursuits, according to the National Traffic Highway Safety Administration.

OnStar representative Brad Williams explained the innovative system: "First and foremost, we will flash the four-way lights so law enforcement knows that we are slowing down the correct vehicle." Communication between OnStar and the police will determine when traffic and road conditions are safe to slow the vehicle. A signal to the vehicle will interact with the power train system and prevent acceleration, gradually slowing the vehicle so that police can apprehend the thief and recover the car.

The Stolen Vehicle Slowdown will be a standard feature on 1.7 million GM cars and trucks in 2009. Thereafter, the feature will be available at an annual cost of $199. GM has started demonstrating the new feature to police departments nationwide. So far the response from police has been universally favorable.

It is hoped that OnStar's new initiative will put a dent in truck and auto thefts. The taking, stealing or driving of someone's car with the intent to deprive them of their vehicle is called Grand Theft Auto. In California, Grand Theft Auto applies to vehicles with a value of more than $400 and can be charged under two different laws:

• If charged as a felony under California Penal Code, sentences range from 16 months to three years in a state prison. Parole or formal probation after discharge may be included in the sentence.


• If charged as vehicle theft under the California Vehicle Code, the theft can be considered a misdemeanor which carries a sentence of up to a year in the county jail. Restitution, fines, informal probation and community service may also be required. Misdemeanor charges are limited to those with no prior convictions.

Grand Theft Auto is a serious crime. Repeat offenders are subject to California's Three Strikes Law which increases punishment and/or jail time.

-LegalPro