QUESTION
What are the criminal charges that could apply for an accessory to a grand theft?
Asked on Aug 25th, 2011 on Criminal Law - Georgia
More details to this question:
My friend was part in stealing a car. He did not actually steal the car only but only helped in moving it so that someone else could take and hack it up. What could he be charged with? What would the least and maximum charges be?
20 ANSWERS
Jacob P. Sartz
It depends ultimately on what proofs the prosecutor believes they have and what the prosecutor can charge your friend with in good faith. I'd recommend that your friend contact and retain an attorney for further assistance. If they cannot afford an attorney and if they are ultimately charged with an offense, they may have a right to court-appointed council. If your friend needs specific legal advice for their particular circumstances, they will need to consult privately with an attorney. If the prosecutor finds enough evidence to show that a person was acting as an accomplice, they would face the same charges as the person who actually did the alleged act. A classic example is the get-away-driver in a bank robbery. The get-away-driver may ultimately do the same amount of time if convicted as the person who was at the teller window with a weapon. In Michigan, generally, alleged non-violent acts involving a stolen motor vehicle result in either lower-level felony charges or misdemeanors. Unlawful Driving Away of a Motor Vehicle, MCL 750.413, or "UDAA" for short, is a fairly common charge in these scenarios and is a felony punishable up to five years in prison, potentially more if a person has prior felony convictions. However, if there is any alleged violence, if a person was in the vehicle at the time, if the act was part of larger conspiracy to steal car, or if there are other facts, the charges could quickly escalate into more serious felonies punishable by up to ten years of prison or more. I'd recommend your friend retain an attorney.
Answered on Aug 29th, 2011 at 12:03 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Essentially he can be charged with the same crimes ASIC he got in and popped the ignition. His role is no less than the other party.
Answered on Aug 29th, 2011 at 11:13 AM
In WA an accomplice is equally guilty as the perpetrator. Accomplice liability requires doing an act in furtherance of the crime. It sounds like the charge would be taking a motor vehicle without permission at best or perhaps theft in some degree depending on the value of the vehicle.
Answered on Aug 29th, 2011 at 10:18 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The person can be charged as an accessory. The maximum penalties are the same as if the person did the offense themselves. It makes no difference if the person was involved only a little or only with one part of the offense. All actors can be charged the same. It may make a difference with sentencing guidelines, but not in the charging. I hope that this was helpful.
Answered on Aug 29th, 2011 at 9:40 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If your friend helped commit a crime, then your friend is equally guilty as the main perpetrator. This is the law in Texas. Some call it accomplice, accessory, etc. When one steals a motor vehicle in Texas, it is charged under the general theft statute. If the value of the property stolen is $1,500 or more but less than $20,000, which would apply to most cars, then it is a state jail felony for which a first offender could receive from 6 months to 2 years in state jail or possibly probation.
Answered on Aug 26th, 2011 at 9:00 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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It would be the same as the principle charge.
Answered on Aug 26th, 2011 at 8:55 PM
Depending on the facts of the case your friend could be charged with grand theft auto. If the facts support it he may be charged with Joy-riding. The least he can expect is three years of summary probation. The maximum would be 3 years state prison.
Answered on Aug 26th, 2011 at 8:33 PM
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If your friend knew the car was stolen and knew that others were going to sell it for parts, your friend is responsible for stealing the car. It is a felony and the level is based on the value of the car. If over 15000, then F3 4 to12 years prison with 5 years parole but probation eligible. If under 15000, then F4 with 2 to 6 years prison and 3 years parole with probation eligible.
Answered on Aug 26th, 2011 at 8:20 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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What you are describing is a violation of Penal Code 496d. The maximum sentence for such a charge is three years in prison and a $10,000 fine. However, given the right facts, and a good defense, the defendant might be able to have it reduced to a misdemeanor with a maximum sentence of one year in jail.
Answered on Aug 26th, 2011 at 7:54 PM
Michael J. Breczinski
UDAA Unlawful driving away of an Automobile is the charge that could apply. He would be charged the same as the person that took the car under an aiding and abetting theory. He needs an attorney.
Answered on Aug 26th, 2011 at 6:40 PM
It would be conspiracy to commit theft, and theft receiving.
Answered on Aug 26th, 2011 at 6:07 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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"Helping move it" sounds like helping to steal it, or 'aiding and abetting', in which case your friend would be culpable for the underlying crime under the lawas a 'principal'.Or, he could have beenan 'accessory after the fact', helping to move the car after the initial theft. Either way, he's looking at a maximum of three years in prison (either for a violation of California Vehicle Code section 10851 (auto theft), or Penal Code section 32 (accessory after the fact), or even Penal Code section 496 (receiving stolen property)). Any of those charges can be filed as misdemeanors or felonies ("wobblers"). The sentencing range is zero days in jail to up to one year, as a misdemeanor or felony, or up to 16 months, 2 years or 3 years in prison (half-time eligible) as a felony. If it is a first felony for your friend, prison is very unlikely, especially with the new Public Safety Realignment law.
Answered on Aug 26th, 2011 at 12:54 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It sounds like he was an accessory which means he will be held to the same level of criminal responsibity as the other participants and will face the same amount of punishment as if he was charged with the actual crime. It is definitely a serious felony and your son faces possible prison time. He needs to secure an experienced criminal lawyer. If he cannot afford to retain one he may be eligible for the court to appoint him one.
Answered on Aug 26th, 2011 at 12:25 PM
He could be charged with aiding and abetting or accessory after the fact. In either case he could face the same penalties as if he had actually commited the underlying offense. As for penalties, it would depend what was charged and the value of the vehicle stolen.
Answered on Aug 26th, 2011 at 11:20 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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He could face several charges, primarily grand theft.
Answered on Aug 26th, 2011 at 10:50 AM
Roianne Houlton Conner
He can be charged with the Theft as well as he was aiding the crime.
Answered on Aug 26th, 2011 at 10:25 AM
Samuel H. Harrison
Your friend will probably be charged with theft by taking motor vehicle. In Georgia, there is no "accessory to an offense. Everyone involved in carrying out the crime can be charged with committing the crime itself. Theft by taking motor vehicle can get him one to ten years for a first offense.
Answered on Aug 26th, 2011 at 10:11 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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They are potentially facing the exact same charges and punishment as the person that stole the car. Minimum is probation and no time, maximum is three years state prison. They need a good defense attorney.
Answered on Aug 26th, 2011 at 9:40 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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An accessory can be equally liable as the principal. Possible charges could include grand theft, receiving stolen property, conspiracy, and possibly others. Maximum times vary based on the number of counts and charges. I would estimate that 5 years state prison is about the worst case scenario if there were no prison priors or strikes. Best case scenario upon a conviction would be probation with no jail time. The best and worst case scenarios are unlikely and the probable outcome would be somewhere in between. It also depends on the county. Some counties are harsher in sentencing than others.
Answered on Aug 26th, 2011 at 9:35 AM
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Your friend's fate depends on many factors, including his prior criminal history, the nature of the evidence against him, the jurisdiction where he is being prosecuted, and the capabilities of his attorney.
Answered on Aug 26th, 2011 at 9:31 AM