NY Penal Law § 165.09: Auto stripping in the third degree

Auto stripping is a term that describes vandalizing and stealing parts of a vehicle. Typically when a car is stripped, the purpose is to remove its valuable parts for which there is a lucrative market and sell the parts for profit. Under New York Penal Law § 165.09, you could be prosecuted for auto stripping in the third degree if you:

1. Intentionally remove or damage any part of another person's vehicle without that person's permission, or
2. Intentionally remove or damage any part of an abandoned vehicle.

Example

Andrew noticed a car parked on the street that had a set of expensive rims. Being experienced in car theft, Andrew quickly hot-wired the car and drove it to an out-of -the way location. He then removed the car's rims and tires. Andrew could be prosecuted for auto stripping in the third degree as well as other charges, since he took a car that belong to someone else and removed parts without the permission of the car's owner.

1. Grand larceny in the fourth degree: New York Penal Law § 155.30
2. Unauthorized use of a vehicle in the third degree: New York Penal Law § 165.05
3. Criminal possession of stolen property in the fifth degree: New York Penal Law § 165.40

In order to be convicted of auto stripping in the third degree, the prosecutor must show that you did not have permission to remove or deface any part of the vehicle. If you can prove that you did indeed have permission, then you may have a valid defense to an auto stripping charge.

Because auto stripping is a Class A misdemeanor if you are convicted you could be sent to county jail for up to one year, and you may also be required to pay a fine and restitution to the vehicle's owner. It is also possible for the judge to sentence you to a probation term of 3 years.

A person is guilty of auto stripping in the third degree when:

1. He or she removes or intentionally destroys or defaces any part of a vehicle, other than an abandoned vehicle, as defined in subdivision one of § one thousand two hundred twenty-four of the vehicle and traffic law, without the permission of the owner; or
2. He or she removes or intentionally destroys or defaces any part of an abandoned vehicle, as defined in subdivision one of § one thousand two hundred twenty-four of the vehicle and traffic law, except that it is a defense to such charge that such person was authorized to do so pursuant to law or by permission of the owner.

Even though auto stripping in the third degree is a misdemeanor and not a felony, it is still important to have experienced representation. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with crimes such as auto stripping, car theft, grand larceny, criminal mischief, and reckless endangerment of property. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of theft in the following locations: