New California Law Closes ‘Locked Door Loophole’ in Vehicle Theft Cases
In a significant move to combat rising property crimes, California enacted Senate Bill 905 (SB 905) last year, effectively closing the so-called “locked door loophole” in vehicle theft cases. This legislative change, which went into effect at the start of the year, has substantial implications for individuals accused of theft from vehicles, making it more critical than ever to seek experienced legal counsel. Learn more about these important recent legal changes, and if you’ve been charged with theft from a vehicle or other theft offenses in San Bernardino County, contact Attorney John D. Lueck for advice and representation from a skilled and experienced Rancho Cucamonga theft crimes defense lawyer.
The ‘Locked Door Loophole’ Explained
Previously, part of the prosecution’s job in proving theft from a vehicle required proving that all the doors were locked. This typically required having the vehicle owner testify in court under oath that they had locked all the doors. But people aren’t always so sure that they can testify to that fact under penalty of perjury. In other cases, the crime victim may have been visiting from out of state and had property stolen from a rental car. Requiring these people to return to California to testify in a property crime case was not something the individuals or prosecutors were always willing to through.
This locked door requirement made cases harder to prove and gave defense attorneys another avenue to attack the state’s case. SB 905 eliminates this requirement. This change makes theft from vehicle cases significantly easier for the prosecution, but the state will still have to prove forcible entry in some way, so all is not lost for people charged with this offense.
Aggregation of Thefts to Cross the $950 Threshold
Another critical aspect of SB 905 is the aggregation of thefts. First, it’s important to understand the property value threshold for theft offenses in California. Theft of property valued at $950 or less is charged as a misdemeanor, whereas theft of property valued at more than $950 can be charged as a felony. This is a key distinction in California criminal law, as the differences between a misdemeanor and a felony conviction are striking. A misdemeanor can generally be punished with up to one year in county jail and $1,000 in fines, whereas a felony conviction can lead to years in state prison and several thousands of dollars in fines. Living with a felony on your criminal record is also much more consequential and adverse than a misdemeanor conviction, which is viewed less seriously and can be more easily expunged.
Under the new law, multiple thefts committed by the same individual can be combined to exceed the $950 threshold, elevating a charged offense from a misdemeanor to a felony. Even if each individual theft involved property valued under $950, the cumulative value can now lead to more severe felony charges.
For example, if someone steals items worth $400 from one vehicle and $600 from another, these amounts can be aggregated to surpass the $950 threshold, resulting in felony charges. This change aims to address repeat offenders who commit multiple low-value thefts, holding them accountable for the total impact of their actions.
Implications for Those Accused of Vehicle Theft
The enactment of SB 905 significantly raises the stakes for individuals accused of theft from vehicles. With the elimination of the locked/unlocked distinction and the aggregation of thefts, more cases are likely to be charged as felonies, carrying harsher penalties including longer jail sentences and higher fines.
Moreover, felony convictions can have long-term consequences beyond immediate penalties, such as difficulties in finding employment, housing, and other opportunities. The new law underscores the importance of understanding one’s rights and the legal nuances involved in theft cases.
The Importance of Experienced Legal Representation
Given the harsher penalties and different legal standards introduced by SB 905, securing experienced legal representation is more crucial than ever. Just because you are charged with an offense does not mean you are guilty; the new law includes several elements that must be proven beyond a reasonable doubt in order to secure a conviction, and each element raises potential defenses. An experienced criminal defense attorney can navigate the intricacies of the new law, challenge the aggregation of thefts, and work to mitigate the charges or penalties faced by the accused.
Attorney John D. Lueck, based in Rancho Cucamonga, has a proven record of defending clients in San Bernardino County against criminal charges, including theft-related offenses. With a deep understanding of California’s legal landscape and a commitment to protecting clients’ rights, Attorney Lueck offers strategic defense tailored to the unique circumstances of each case.
Contact Attorney John D. Lueck for Criminal Defense in San Bernardino County
The passage of SB 905 marks a significant shift in how California addresses theft from vehicles, closing previous loopholes and introducing stricter measures for repeat offenders. For individuals facing such charges, the new law presents increased risks and underscores the necessity of experienced legal counsel.
If you or someone you know is accused of theft from a vehicle in San Bernardino County, it’s imperative to consult with a knowledgeable criminal defense attorney. Attorney John D. Lueck is dedicated to providing robust defense strategies to protect your rights and achieve the best possible outcome in your case. Call the Rancho Cucamonga office at 909-484-1963 or call John D. Lueck directly on his mobile phone at 909-646-2736. You can also contact us online to schedule a consultation.
