Our state uses California Vehicle Code Section 10852: Tampering With a Vehicle to bring charges against people accused of interfering with someone else’s vehicle without their consent.
This charge can result in fines and jail time. You can learn more about VC 10852 allegations and other California Vehicle Codes from a legal professional who can answer all your questions and support you after an arrest.
Our team at Los Angeles DUI Lawyer has helped thousands of clients connect with attorneys who can represent them after an arrest, so reach out now.
What Is a Vehicle Code 10852 Violation?
California Vehicle Code 10852 makes it a crime to intentionally tamper, alone or with accomplices, with someone else‘s vehicle without the vehicle owner’s consent.
To tamper with a vehicle is to interfere with it in some way. It could involve breaking or removing parts or otherwise damaging the vehicle. The act of tampering alone, willfully and without the owner’s consent, is a code violation.
The police do not have to prove that someone intended to break the law, cause injury, or gain from the interference for this charge to apply.
Examples of Vehicle Code 10852 Violations
Interfering with any part of the vehicle counts as a violation of the code, even if the part you damage is not essential to the motor vehicle’s ability to function. For example, the police can charge someone under VC 10852 if they claim that the individual:
- Stole a hood ornament or hood-protecting bra
- Entered an unlocked motor vehicle after a night of drinking and fell asleep
- Removed a license plate
- Entered an unlocked car and was rummaging through the glove box
Individuals accused of breaking into a locked vehicle can face more serious criminal charges.
Penalties for Violating Vehicle Code 10852
Violating Vehicle Code 10852 is a misdemeanor offense. Penalties for misdemeanors can include up to one year in county jail and a fine of up to $1,000, representing the typical penalty for this violation.
The judge, however, has the discretion to put the offender on summary probation instead of requiring jail time.
What Is Summary Probation?
California offers two types of probation depending on the offense and other relevant factors. There is formal probation and informal, or summary, probation.
Offenders on informal probation do not act under formal supervision. They do not report to individually assigned probation officers. Instead, informal probationers report to court when required. Required times generally include when probationers:
- Submit proof of completed probation requirements, for example, classes or counseling
- Are arrested for another violation
- Have a change of address
A criminal defense lawyer can provide more information about the penalties for interfering with someone else’s vehicle without their consent.
How a Los Angeles DUI Attorney Can Help You
Navigating the legal system requires expert knowledge of the law and court proceedings and the ability to argue confidently against prosecuting attorneys.
By trusting your case to an attorney, you give yourself the best chance of facing reduced charges and penalties or even of having your California VC Section 10852: Tampering With a Vehicle charges dismissed.
Your lawyer can:
- Investigate your case thoroughly, collecting relevant evidence
- File all required documentation with the court efficiently
- Build and present a vigorous defense before the court
- Ensure your rights are protected, and you are treated fairly by the criminal justice system
- Provide post-trial guidance to ensure you fulfill the requirements of your penalty
You do not have to just accept charges for this misdemeanor crime. Instead, you can get professional help from a criminal defense attorney who will put you first and support you throughout the legal process.
A lawyer could advise you to take a plea bargain after an arrest or represent you in court.
Defenses Your Los Angeles DUI Lawyer Can Present
Penalties for a misdemeanor charge can disrupt your life, cost you money, and stay on your criminal record, thus affecting your future. An experienced Los Angeles DUI attorney can argue a defense to reduce or dismiss your charges and the resulting penalties.
Some common defenses that work well for California Vehicle Code Section 10852: Tampering With a Vehicle allegations include arguing that:
You Didn’t Intend to Interfere With the Vehicle
To be found guilty of violating code section 10852, the prosecution must prove you acted intentionally, that you acted to “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.”
If the damage or tampering resulted from accidental or unintentional behavior, your lawyer may be able to argue that your actions do not fulfill the requirements for a conviction.
You Had Consent
Along with proving willfulness, the prosecution must show that you acted without the consent of the vehicle’s owner.
If your lawyer can prove you acted upon the owner’s request, you cannot be found guilty. Your lawyer can give you more information about this legal defense.
The Prosecution Has Insufficient Evidence
There may not be enough evidence to prove you acted intentionally or that you even tampered with the vehicle at all. Your lawyer will investigate the situation carefully.
If the prosecution cannot produce a witness, video surveillance, or other proof of your alleged unlawful activity, your lawyer can use those deficiencies to defend you.
You Were Falsely Accused
Sometimes, unfortunately, people with vendettas may go to extreme measures to satisfy their need for revenge or malice. Your lawyer will investigate and determine whether someone else is guilty of falsely accusing you of a crime you did not commit.
You can learn more about common defense strategies that could help with your charges when you contact a criminal defense lawyer.
Offenses Related to Tampering With a Vehicle
Police officers can accuse you or a loved one of several other charges that relate to tampering with a vehicle. You can build a strong defense if you get help from a lawyer to handle allegations under:
- CA Penal Code 487 – Grand Theft
- CA Penal Code 594 – Vandalism
- CA Penal Code 647 – Disorderly Conduct
Some of these charges fall under the misdemeanor category, but others are “wobblers,” which means they can fall into misdemeanor or felony charges, bringing significant prison time and fines.
An attorney can address your legal needs if you face any theft offense charges or allegations for other crimes like malicious mischief.
Get Fast Help for a Tampering With a Vehicle Charge
The sooner you consult with an attorney, the sooner your lawyer can start collecting evidence and building your case. Do not face California Vehicle Code Section 10852: Tampering With a Vehicle charges and the court alone.
A lawyer will have the experience and skill needed to mount a defense and protect your future. Our team can put you in contact with an attorney who will prioritize your best interests while standing up for you after an arrest.
